HB974: Circuit court clerks' offices; makes technical changes in handling of electronic or digital filing.
Be it enacted by the General Assembly of Virginia:
1. That ?? 8.01-449, 17.1-258.3, 17.1-258.3:1, 17.1-276, 17.1-279, and 17.1-293 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 17.1-258.3:2 as follows:
? 8.01-449. How judgments are docketed.
A. The judgment docket required by ? 8.01-446 may be kept in a well-bound book, or any other media permitted by ? 17.1-240. The date and time of docketing shall be recorded with each judgment docketed. The clerk of the circuit court of any county using card files on July 1, 1975, may continue to use the card file system. The docketing may be done by copying the wording of the judgment order verbatim or by abstracting the information therefrom into a book or into fixed fields of an electronic data storage system. Where a procedural microphotographic system is used, the docketing may be done by recording and storing a retrievable image of the judgment order, judgment abstract, or other source document such as a certificate of assignment or release. Where an electronic imaging system is used, the document image shall be stored in a data format which permits recall of the image. Any judgment docketed pursuant to this subsection shall contain the information required by subsection B.
B. Where a well-bound book is used for the judgment docket there shall be stated in separate columns (i) the date and amount of the judgment, (ii) the time from which it bears interest, (iii) the costs, (iv) the full names of all the parties thereto, including the address, date of birth and the last four digits of the social security number, if known, of each party against whom judgment is rendered, (v) the alternative value of any specific property recovered by it, (vi) the date and the time of docketing it, (vii) the amount and date of any credits thereon, (viii) the court by which it was rendered and the case number, and (ix) when paid off or discharged in whole or in part, the time of payment or discharge and by whom made when there is more than one defendant. And in case of a judgment or decree by confession, the clerk shall also enter in such docket the time of day at which the same was confessed, or at which the same was received in his office to be entered of record. There shall also be shown on such book the name of the plaintiff's attorney, if any.
C. Error or omission in the entry of the address or addresses or the social security number or numbers of each party against whom judgment is rendered shall in no way affect the validity, finality or priority of the judgment docketed.
D. Beginning July 1, 2010 2012, any judgment
made available to subscribers via secure remote access pursuant to ? 17.1-294
shall contain only the last four digits of the social security number of any
party. However, the information otherwise required in the judgment docket
pursuant to this section shall be provided.
E. The attorney or party who prepares or submits the judgment for recordation has the responsibility for ensuring that only the last four digits of the social security number are included in the judgment prior to the instrument's being submitted for recordation. The clerk has the authority to reject any judgment that does not comply with the provisions of this section.
? 17.1-258.3. Electronic filing in civil or criminal actions.
A Any clerk of circuit court may establish
and operate a system for electronic filing in civil or criminal actions
proceedings that shall be governed by Rule 1:17 of the Rules of
the Supreme Court of Virginia. The circuit court clerk shall enter into
an agreement with may require each person whom the clerk authorizes
to file documents electronically to enter into an agreement, specifying
the electronic filing procedures to be followed, including, but not limited to,
security procedures, as defined in the Uniform Electronic Transactions Act
(? 59.1-479 et seq.), for transmitting signed or notarized
documents.
? 17.1-258.3:1. Electronic filing of land records.
A clerk of a circuit court may provide a network or system for
electronic filing of land records in accordance with the Uniform Real Property
Electronic Recording Act (? 55-142.10 et seq.) and the provisions of Article
2.1 (? 55-66.8 et seq.) of Chapter 4 of Title 55 regarding the satisfaction of
mortgages. The clerk may charge a fee to be assessed for each instrument
recorded electronically in an amount not to exceed $5 per document. The fee
shall be paid to the clerk's office and deposited by the clerk into a
special the clerk's nonreverting local fund to be used to cover
operational expenses of such network or system. Operational expenses
of such network or system shall include, but not be limited to, (i) computer
support, maintenance, enhancements, upgrades, and replacements, and
office automation and information technology equipment including software and
conversion services; (ii) preserving, maintaining, and enhancing court records,
including but not limited to the costs of repairs, maintenance, consulting
services, service contracts, redaction of social security numbers from land
or other records, and system replacements or upgrades; and (iii) improving
public access to records maintained by the clerk. The clerk shall enter
into an electronic filing agreement with each filer in accordance with Virginia
Real Property Electronic Recording Standards established by the Virginia
Information Technologies Agency. Nothing herein shall be construed to prevent
the clerk from entering into agreements with designated application service
providers to provide all or part of the network or system for electronic filing
of land records as provided herein.
? 17.1-258.3:2. Official certificates and certified records in digital form.
A clerk of circuit court may establish a system for providing official certificates and certified records in digital form of any document maintained by the clerk. The clerk or his designated application service provider may assess an additional fee not to exceed $5 per official certificate accompanying or attesting the certified records, subject to subdivision A 8 of ? 17.1-275 and to the exemptions provided in ? 17.1-267. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses. Operational expenses shall include, but not be limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment including software and conversion services; (ii) preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from land or other records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk.
? 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 as provided
in this section 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.
Operational expenses shall include, but not be limited to, (i) computer
support, maintenance, enhancements, upgrades, and replacements and office
automation and information technology equipment including software and
conversion services; (ii) preserving, maintaining, and enhancing court records,
including but not limited to the costs of repairs, maintenance, consulting
services, service contracts, redaction of social security numbers from land or
other records, and system replacements or upgrades; and (iii) improving public
access to records maintained by the clerk. 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 the clerk's 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.
The Office of the Attorney General, Division of Debt Collection, shall be exempt from paying any fee for remote access to land records. If any clerk contracts with an outside vendor to provide remote access to land records to subscribers, such contract shall contain a provision exempting the Office of the Attorney General, Division of Debt Collection, from paying any access or subscription fee.
B. (Expires September 30, 2012) 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 for Courts of Justice and the Senate Committee for 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.
? 17.1-279. Additional fee to be assessed by circuit court clerks for information technology.
A. In addition to the fees otherwise authorized by this chapter, the clerk of each circuit court shall assess a $5 fee, known as the "Technology Trust Fund Fee," in each civil action, upon each instrument to be recorded in the deed books, and upon each judgment to be docketed in the judgment lien docket book. Such fee shall be deposited by the State Treasurer into a trust fund. The State Treasurer shall maintain a record of such deposits.
B. Four dollars of every $5 fee shall be allocated by the Compensation Board from the trust fund for the purposes of: (i) developing and updating individual land records automation plans for individual circuit court clerks' offices; (ii) implementing automation plans to modernize land records in individual circuit court clerks' offices and provide secure remote access to land records throughout the Commonwealth pursuant to ? 17.1-294; (iii) obtaining and updating office automation and information technology equipment including software and conversion services; (iv) preserving, maintaining and enhancing court records, including, but not limited to, the costs of repairs, maintenance, land records, consulting services, service contracts, redaction of social security numbers from land records, and system replacements or upgrades; and (v) improving public access to court records. The Compensation Board in consultation with circuit court clerks and other users of court records shall develop and update policies governing the allocation of funds for these purposes. However, such funds shall not be used for personnel costs within the circuit court clerks' offices. The Compensation Board policies governing the allocation of funds shall require that a clerk submit to the Compensation Board a written certification that the clerk's proposed technology improvements of his land records will provide secure remote access to those land records on or before July 1, 2008.
The annual budget submitted by each circuit court clerk pursuant to ? 15.2-1636.7 may include a request for technology improvements in the upcoming fiscal year to be allocated by the Compensation Board from the trust fund. Such request shall not exceed the deposits into the trust fund credited to that locality. The Compensation Board shall allocate the funds requested by the clerks in an amount not to exceed the deposits into the trust fund credited to their respective localities.
C. The remaining $1 of each such fee may be allocated by the Compensation Board from the trust fund (i) for the purposes of funding studies to develop and update individual land-records automation plans for individual circuit court clerks' offices, at the request of and in consultation with the individual circuit court clerk's offices, and (ii) for the purposes enumerated in subsection B to implement the plan to modernize land records in individual circuit court clerks' offices and provide secure remote access to land records throughout the Commonwealth. The allocations pursuant to this subsection may give priority to those individual clerks' offices whose deposits into the trust fund would not be sufficient to implement its modernization plan. The Compensation Board policies governing the allocation of funds shall require that a clerk submit to the Compensation Board a written certification that the clerk's proposed technology improvements of his land records will provide secure remote access to those land records on or before July 1, 2008.
D. 1. Secure remote access to land records shall be by paid subscription service through individual circuit court clerk's offices pursuant to ? 17.1-276, or through designated application service providers. The clerk may require a person who is a nonresident of the Commonwealth, prior to becoming a subscriber, to demonstrate that such person is authorized to do business in Virginia and is in good standing with the State Corporation Commission or other applicable state or federal regulatory agency. Compliance with secure remote access standards developed by the Virginia Information Technologies Agency pursuant to ? 17.1-294 shall be certified by the individual circuit court clerks' offices to the Compensation Board. The individual circuit court clerk's office or its designated application service provider shall certify compliance with such secure remote access standards. Nothing in this section shall prohibit the Compensation Board from allocating trust fund money to individual circuit court clerks' offices for the purpose of complying with such secure remote access standards or redaction of social security numbers from land records.
2. If a circuit court clerk proceeds to accelerate the
redaction of social security numbers from land records using local funds, the
clerk may request reimbursement for such expenditures from the Technology Trust
Fund in accordance with clause (iv) of subsection B to provide reimbursement to
the locality for advancing such funds in the fiscal year in which such local
expenditures are incurred. For local expenditures to accelerate the redaction
of social security numbers from land records incurred in prior fiscal years for
which reimbursement has not been previously made, the Compensation Board may
approve payment to the locality in accordance with clause (iv) of subsection B
upon certification by the locality that it has advanced such funds.
3. Every circuit court clerk shall provide secure
remote access to land records pursuant to ? 17.1-294 on or before July 1, 2008.
E. Such fee shall not be assessed to any instrument to be recorded in the deed books nor any judgment to be docketed in the judgment lien docket books tendered by any federal, state or local government.
F. If a circuit court clerk provides secure remote access
to land records on or before July 1, 2008, then that clerk may apply to the
Compensation Board for an allocation from the Technology Trust Fund for
automation and technology improvements in his office that are not related to
land records. If such an application includes automation or technology
improvements that would require an interface with the case management system or
the financial management system operated and maintained by the Executive
Secretary of the Supreme Court for the purpose of providing electronic
information to state agencies in accordance with ? 17.1-502, the circuit court
clerk, or the court's designated application service provider, shall certify to
the Compensation Board that such automation or technology improvements will
comply with the security and data standards of the systems operated and maintained
by the Executive Secretary of the Supreme Court. Such request shall not
exceed the deposits into the trust fund credited to that locality.
G. Information regarding the technology programs adopted by the circuit court clerks shall be shared with the Virginia Information Technologies Agency, The Library of Virginia, and the Office of the Executive Secretary of the Supreme Court.
H. Nothing in this section shall be construed to diminish the duty of local governing bodies to furnish supplies and equipment to the clerks of the circuit courts pursuant to ? 15.2-1656. Revenue raised as a result of this section shall in no way supplant current funding to circuit court clerks' offices by local governing bodies.
I. Effective July 1, 2006, except for transfers pursuant to this section, there shall be no transfers out of the Technology Trust Fund, including transfers to the general fund.
? 17.1-293. Posting and availability of certain information on the Internet; prohibitions.
A. Notwithstanding Chapter 37 (? 2.2-3700 et seq.) of Title 2.2 or subsection B of this section, it shall be unlawful for any court clerk to disclose the social security number or other identification numbers appearing on driver's licenses or information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems that was supplied to a court clerk for the purpose of paying fees, fines, taxes, or other charges collected by such court clerk. The prohibition shall not apply where disclosure of such information is required (i) to conduct or complete the transaction for which such information was submitted or (ii) by other law or court order.
B. Beginning January 1, 2004, no court clerk shall post on the Internet any document that contains the following information: (i) an actual signature, (ii) a social security number, (iii) a date of birth identified with a particular person, (iv) the maiden name of a person's parent so as to be identified with a particular person, (v) any financial account number or numbers, or (vi) the name and age of any minor child.
C. Each such clerk shall post notice that includes a list of the documents routinely posted on its website. However, the clerk shall not post information on his website that includes private activity for private financial gain.
D. Nothing in this section shall be construed to prohibit access to any original document as provided by law.
E. This section shall not apply to the following:
1. Providing access to any document among the land records via secure remote access pursuant to ? 17.1-294;
2. Postings related to legitimate law-enforcement purposes;
3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events;
4. Postings of instruments and records filed or recorded prior to 1907; and
5. Providing secure remote access to any person and his counsel to documents filed in matters to which such person is a party.
F. Nothing in this section shall prohibit the Supreme Court or any other court from providing online access to a case management system that may include abstracts of case filings and proceedings in the courts of the Commonwealth.
G. The court clerk shall be immune from suit arising from any acts or omissions relating to providing remote access on the Internet pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.
This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2005.
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-449, 17.1-258.3, 17.1-258.3:1, 17.1-276, 17.1-279, and 17.1-293 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 17.1-258.3:2 as follows:
§ 8.01-449. How judgments are docketed.
A. The judgment docket required by § 8.01-446 may be kept in a well-bound book, or any other media permitted by § 17.1-240. The date and time of docketing shall be recorded with each judgment docketed. The clerk of the circuit court of any county using card files on July 1, 1975, may continue to use the card file system. The docketing may be done by copying the wording of the judgment order verbatim or by abstracting the information therefrom into a book or into fixed fields of an electronic data storage system. Where a procedural microphotographic system is used, the docketing may be done by recording and storing a retrievable image of the judgment order, judgment abstract, or other source document such as a certificate of assignment or release. Where an electronic imaging system is used, the document image shall be stored in a data format which permits recall of the image. Any judgment docketed pursuant to this subsection shall contain the information required by subsection B.
B. Where a well-bound book is used for the judgment docket there shall be stated in separate columns (i) the date and amount of the judgment, (ii) the time from which it bears interest, (iii) the costs, (iv) the full names of all the parties thereto, including the address, date of birth and the last four digits of the social security number, if known, of each party against whom judgment is rendered, (v) the alternative value of any specific property recovered by it, (vi) the date and the time of docketing it, (vii) the amount and date of any credits thereon, (viii) the court by which it was rendered and the case number, and (ix) when paid off or discharged in whole or in part, the time of payment or discharge and by whom made when there is more than one defendant. And in case of a judgment or decree by confession, the clerk shall also enter in such docket the time of day at which the same was confessed, or at which the same was received in his office to be entered of record. There shall also be shown on such book the name of the plaintiff's attorney, if any.
C. Error or omission in the entry of the address or addresses or the social security number or numbers of each party against whom judgment is rendered shall in no way affect the validity, finality or priority of the judgment docketed.
D. Beginning July 1, 2010 2012,
any judgment made available to subscribers via secure remote access pursuant to
§ 17.1-294 shall contain only the last four digits of the social security
number of any party. However, the information otherwise required in the
judgment docket pursuant to this section shall be provided.
E. The attorney or party who prepares or submits the judgment for recordation has the responsibility for ensuring that only the last four digits of the social security number are included in the judgment prior to the instrument's being submitted for recordation. The clerk has the authority to reject any judgment that does not comply with the provisions of this section.
§ 17.1-258.3. Electronic filing in civil or criminal actions.
A clerk of circuit court may establish a system for electronic filing in civil or criminal actions that shall be governed by Rule 1:17 of the Rules of Supreme Court of Virginia. The circuit court clerk shall enter into an agreement with each person whom the clerk authorizes to file documents electronically, specifying the electronic filing procedures to be followed, including, but not limited to, security procedures, as defined in the Uniform Electronic Transactions Act, for transmitting notarized documents. The clerk may charge a fee to be assessed for each document filed electronically in an amount not to exceed $5 per document. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses. Operational expenses shall include, but not be limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment including software and conversion services; (ii) preserving, maintaining, and enhancing court records, including but not limited to the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from land or other records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of civil or criminal records as provided herein.
§ 17.1-258.3:1. Electronic filing of land records.
A clerk of a circuit court may provide a network or system for
electronic filing of land records in accordance with the Uniform Real Property
Electronic Recording Act (§ 55-142.10 et seq.) and the provisions of Article
2.1 (§ 55-66.8 et seq.) of Chapter 4 of Title 55 regarding the satisfaction of
mortgages. The clerk may charge a fee to be assessed for each instrument
recorded electronically in an amount not to exceed $5 per document. The fee
shall be paid to the clerk's office and deposited by the clerk into a special the clerk's nonreverting local fund to be used to cover
operational expenses of such network
or system. Operational expenses of such network or system shall include, but not be limited to, (i) computer
support, maintenance, enhancements, upgrades, and replacements, and office automation
and information technology equipment including software and conversion
services; (ii) preserving, maintaining, and enhancing court records, including but not limited to the costs of repairs,
maintenance, consulting services, service contracts, redaction of social security
numbers from land or other records, and system replacements or upgrades; and
(iii) improving public access to records maintained by the clerk. The clerk shall enter into an electronic filing
agreement with each filer in accordance with Virginia Real Property Electronic
Recording Standards established by the Virginia Information Technologies
Agency. Nothing herein shall be construed to prevent the clerk from entering
into agreements with designated application service providers to provide all or
part of the network or system for electronic filing of land records as provided
herein.
§ 17.1-258.3:2. Official certificates and certified records in digital form.
A clerk of circuit court may establish a system for providing official certificates and certified records in digital form of any document maintained by the clerk. The clerk or his designated application service provider may assess an additional fee not to exceed $10 per official certificate accompanying or attesting the certified records, subject to subdivision A 8 of § 17.1-275 and to the exemptions provided in § 17.1-267. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses. Operational expenses shall include, but not be limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment including software and conversion services; (ii) preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from land or other records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk.
§ 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. Operational expenses shall include, but not be
limited to, (i) computer support, maintenance, enhancements, upgrades, and
replacements and office automation
and information technology equipment including software and conversion
services; (ii) preserving, maintaining, and enhancing court records, including but not limited to the costs of repairs,
maintenance, consulting services, service contracts, redaction of social
security numbers from land or other records, and system replacements or
upgrades; and (iii) improving public access to records maintained by the clerk.
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 the clerk's 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.
The Office of the Attorney General, Division of Debt Collection, shall be exempt from paying any fee for remote access to land records. If any clerk contracts with an outside vendor to provide remote access to land records to subscribers, such contract shall contain a provision exempting the Office of the Attorney General, Division of Debt Collection, from paying any access or subscription fee.
B. (Expires September 30, 2012) 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 for Courts of Justice and the Senate Committee for 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.
§ 17.1-279. Additional fee to be assessed by circuit court clerks for information technology.
A. In addition to the fees otherwise authorized by this
chapter, the clerk of each circuit court shall assess a $5 fee, known as the
"Local Technology Trust Fund
Fee," in each civil action, upon each instrument to be recorded in the
deed books, and upon each judgment to be docketed in the judgment lien docket
book. Such The $5 local fee shall be deposited
by the State Treasurer into a trust fund clerk into the clerk's nonreverting local fund to
be used for the purposes of (i) developing and updating
individual land records automation plans for individual circuit court clerks' offices; (ii) implementing automation plans to modernize land records in
individual circuit court clerks' offices and provide secure remote access to land records throughout the
Commonwealth pursuant to § 17.1-294; and (iii) covering operational expenses as defined in § 17.1-276. The State Treasurer clerk shall maintain a record of such $5 deposits.
However, such funds shall not be used for personnel
costs within the circuit court clerk's office.
B. Four dollars of
every $5 fee shall In addition to
the fees otherwise authorized by this chapter, the clerk of each circuit court
shall assess a $1 fee, known as the "State Technology Trust Fund
Fee," in each civil action, upon each instrument to be recorded in the
deed books, and upon each judgment to be docketed in the judgment lien docket
book. The $1 state fee shall be paid by the clerk to the Compensation Board and
may be allocated by the Compensation Board from the trust fund to those
individual clerks' offices whose deposits into the clerk's nonreverting fund
would not be sufficient for the purposes of: (i) developing
and updating individual land records automation plans for individual circuit
court clerks' offices; (ii) implementing automation plans to modernize land
records in individual circuit court clerks' offices and provide secure remote
access to land records throughout the Commonwealth pursuant to § 17.1-294;
(iii) obtaining and updating office automation and information technology
equipment including software and conversion services; (iv) preserving,
maintaining and enhancing court records, including, but not limited to, the
costs of repairs, maintenance, land records, consulting services, service
contracts, redaction of social security numbers from land records, and system
replacements or upgrades; and (v) improving public access to court records maintained by the clerk. However,
such funds shall not be used for personnel costs within the circuit court
clerk's office. The Compensation
Board in consultation with circuit court clerks and other users of court
records shall develop and update policies governing the allocation of funds for
these purposes. However, such funds shall not be used for personnel costs
within the circuit court clerks' offices. The Compensation Board policies
governing the allocation of funds shall require that a clerk submit to the
Compensation Board a written certification that the clerk's proposed technology
improvements of his land records will provide secure remote access to those
land records on or before July 1, 2008.
The annual budget
submitted by each circuit court clerk pursuant to § 15.2-1636.7 may include a
request for technology improvements in the upcoming fiscal year to be allocated
by the Compensation Board from the trust fund. Such request shall not exceed
the deposits into the trust fund credited to that locality. The Compensation
Board shall allocate the funds requested by the clerks in an amount not to
exceed the deposits into the trust fund credited to their respective
localities.
C. The remaining
$1 of each such fee may be allocated by the Compensation Board from the trust
fund (i) for the purposes of funding studies to develop and update individual land-records
automation plans for individual circuit court clerks' offices, at the request
of and in consultation with the individual circuit court clerk's offices, and
(ii) for the purposes enumerated in subsection B to implement the plan to
modernize land records in individual circuit court clerks' offices and provide
secure remote access to land records throughout the Commonwealth. The
allocations pursuant to this subsection may give priority to those individual
clerks' offices whose deposits into the trust fund would not be sufficient to
implement its modernization plan. The Compensation Board policies governing the
allocation of funds shall require that a clerk submit to the Compensation Board
a written certification that the clerk's proposed technology improvements of
his land records will provide secure remote access to those land records on or
before July 1, 2008. The State
Treasurer shall maintain a record of such $1 deposits.
DC. 1. Secure remote access to
land records shall be by paid subscription service through individual circuit
court clerk's offices pursuant to § 17.1-276, or through designated application
service providers. The clerk may
require a person who is a nonresident of the Commonwealth, prior to becoming a
subscriber, to demonstrate that such person is authorized to do business in
Virginia and is in good standing with the State Corporation Commission or other
applicable state or federal regulatory agency. Compliance
with secure remote access standards developed by the Virginia Information
Technologies Agency pursuant to § 17.1-294 shall be certified by the individual
circuit court clerks' offices to the Compensation Board. The individual circuit
court clerk's office or its designated application service provider shall
certify compliance with such secure remote access standards. Nothing in this
section shall prohibit the Compensation Board from allocating trust fund money
to individual circuit court clerks' offices for the purpose of complying with
such secure remote access standards or redaction of social security numbers
from land records.
2. If a circuit court
clerk proceeds to accelerate the redaction of social security numbers from land
records using local funds, the clerk may request reimbursement for such
expenditures from the Technology Trust Fund in accordance with clause (iv) of
subsection B to provide reimbursement to the locality for advancing such funds
in the fiscal year in which such local expenditures are incurred. For local
expenditures to accelerate the redaction of social security numbers from land
records incurred in prior fiscal years for which reimbursement has not been
previously made, the Compensation Board may approve payment to the locality in
accordance with clause (iv) of subsection B upon certification by the locality
that it has advanced such funds.
3.
Every circuit court clerk shall provide secure remote access to land records
pursuant to § 17.1-294 on or before July 1, 2008.
ED. Such fee shall not be assessed
to any instrument to be recorded in the deed books nor any judgment to be
docketed in the judgment lien docket books tendered by any federal, state or
local government.
F. If a circuit
court clerk provides secure remote access to land records on or before July 1,
2008, then that clerk may apply to the
Compensation Board for an allocation from the Technology Trust Fund for
automation and technology improvements in his office that are not related to
land records.E.
If such an application includes automation or technology improvements that
would require an interface with the case management system or the financial
management system operated and maintained by the Executive Secretary of the
Supreme Court for the purpose of providing electronic information to state
agencies in accordance with § 17.1-502, the circuit court clerk, or the court's
designated application service provider, shall certify to the Compensation
Board that such automation or technology improvements will comply with the
security and data standards of the systems operated and maintained by the
Executive Secretary of the Supreme Court. Such
request shall not exceed the deposits into the trust fund credited to that
locality.
GF. Information regarding the
technology programs adopted by the circuit court clerks shall be shared with
the Virginia Information Technologies Agency, The Library of Virginia, and the
Office of the Executive Secretary of the Supreme Court.
HG. Nothing in this section
shall be construed to diminish the duty of local governing bodies to furnish
supplies and equipment to the clerks of the circuit courts pursuant to §
15.2-1656. Revenue raised as a result of this section shall in no way supplant
current funding to circuit court clerks' offices by local governing bodies.
IH. Effective July 1, 2006,
except for transfers pursuant to this section, there shall be no transfers out
of the Technology Trust Fund, including transfers to the general fund.
§ 17.1-293. Posting and availability of certain information on the Internet; prohibitions.
A. Notwithstanding Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 or subsection B of this section, it shall be unlawful for any court clerk to disclose the social security number or other identification numbers appearing on driver's licenses or information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems that was supplied to a court clerk for the purpose of paying fees, fines, taxes, or other charges collected by such court clerk. The prohibition shall not apply where disclosure of such information is required (i) to conduct or complete the transaction for which such information was submitted or (ii) by other law or court order.
B. Beginning January 1, 2004, no court clerk shall post on the Internet any document that contains the following information: (i) an actual signature, (ii) a social security number, (iii) a date of birth identified with a particular person, (iv) the maiden name of a person's parent so as to be identified with a particular person, (v) any financial account number or numbers, or (vi) the name and age of any minor child.
C. Each such clerk shall post notice that includes a list of the documents routinely posted on its website. However, the clerk shall not post information on his website that includes private activity for private financial gain.
D. Nothing in this section shall be construed to prohibit access to any original document as provided by law.
E. This section shall not apply to the following:
1. Providing access to any document among the land records via secure remote access pursuant to § 17.1-294;
2. Postings related to legitimate law-enforcement purposes;
3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events;
4. Postings of instruments and records filed or recorded prior to 1907; and
5. Providing secure remote access to any person and his counsel to documents filed in matters to which such person is a party.
F. Nothing in this section shall prohibit the Supreme Court or any other court from providing online access to a case management system that may include abstracts of case filings and proceedings in the courts of the Commonwealth.
G. The court clerk shall be immune from suit arising from any acts or omissions relating to providing remote access on the Internet pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.
This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2005.