SB935: Remote access to land records; Prince William County may establish a pilot program, assessing fee.


SENATE BILL NO. 935
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 2, 2009)
(Patron Prior to Substitute--Senator Smith)
A BILL to amend and reenact 17.1-276 of the Code of Virginia, relating to occasional remote access to land records; fee; pilot program.

Be it enacted by the General Assembly of Virginia:

1.  That 17.1-276 of the Code of Virginia is amended and reenacted as follows:

17.1-276. Fee allowed for providing secure remote access to land records.

A. A clerk of the circuit court who provides secure remote access to land records pursuant to 17.1-294 may charge a fee established by the clerk to cover the operational expenses of such electronic access, including, but not limited to, computer support, maintenance, enhancements, upgrades, replacements, and consulting services. A flat fee may be assessed for each subscriber, as defined in 17.1-295, in an amount not to exceed $50 per month. The fee shall be paid to the clerk's office and deposited by the clerk into a special nonreverting local fund to be used to cover operational expenses of such electronic access, as defined herein. The circuit court clerk shall enter into an agreement with each person whom the clerk authorizes to have remote access, in accordance with the security standards established by the Virginia Information Technologies Agency.

B. The clerk of the Circuit Court of Prince William County may establish a pilot program under which the clerk assesses a daily fee for remote access to land records and a separate fee per image downloaded in an amount not to exceed the fee provided in subdivision A 8 of 17.1-275. The clerk shall make a report on any such pilot program to the House Committee on Courts of Justice and the Senate Committee on Courts of Justice on or before September 30, 2012. The report shall provide a summary of the pilot program and include the level of participation, the costs of the program, and the revenues generated by the program.

2.  That the provisions of this act shall expire on September 30, 2012.

SENATE BILL NO. 935
Offered January 14, 2009
Prefiled January 6, 2009
A BILL to amend and reenact 17.1-276 of the Code of Virginia, relating to occasional remote access to land records; fee.
Patron-- Smith

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That 17.1-276 of the Code of Virginia is amended and reenacted as follows:

17.1-276. Fee allowed for providing secure remote access to land records.

A clerk of the circuit court who provides secure remote access to land records pursuant to 17.1-294 may charge a fee established by the clerk to cover the operational expenses of such electronic access, including, but not limited to, computer support, maintenance, enhancements, upgrades, replacements, and consulting services. AExcept as provided herein, a flat fee may be assessed for each subscriber, as defined in 17.1-295, in an amount not to exceed $50 per month. Thewhich fee shall be paid to the clerk's office and deposited by the clerk into a special nonreverting local fund to be used to cover operational expenses of such electronic access, as defined herein. The clerk may establish a fee for occasional remote access based on a per image downloaded basis for the general public in an amount not to exceed the fee for copying provided by subdivision A 8 of 17.1-275. Persons accessing on an occasional basis shall not also be charged the flat fee for subscribers. Persons accessing records in a clerk's office or records room shall not be charged any remote access fee. The circuit court clerk shall enter into an agreement with each person whom the clerk authorizes to have remote access, in accordance with the security standards established by the Virginia Information Technologies Agency.

2. That the Virginia Information Technologies Agency shall, if necessary, amend any previously adopted security standards to allow for access by the general public to the network or system of land records as provided in this Act.