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2000 Session

Budget Bill - HB29 (Chapter 1072)

Compensation Board

Item 76

Item 76 (Not set out)

First Year - FY1999Second Year - FY2000
Pre-Trial, Trial, and Appellate Processes (32100)$38,207,736$39,001,968
Financial Assistance to Circuit Court Clerks (32106)FY1999 $38,207,736FY2000 $39,001,968
Fund Sources:  
GeneralFY1999 $34,007,736FY2000 $34,801,968
Trust and AgencyFY1999 $4,200,000FY2000 $4,200,000

Authority: Title 15.2, Chapter 16, Article 6.1; §§ 51.1-706 and 51.1-137 Title 17.1, Chapter 2, Article 7, Code of Virginia.


A.1. The annual salaries of clerks of circuit courts shall be as hereinafter prescribed.


July 1, 1998

December 1, 1998

December 1, 1999

to

to

to

November 30, 1998

November 30, 1999

June 30, 2000



Less than 10,000

$54,199

$56,188

$59,700

10,000 to 19,999

$66,784

$69,235

$73,562

20,000-39,999

$76,464

$79,270

$84,224

40,000-69,999

$80,335

$83,283

$88,488

70,000-99,999

$87,108

$90,305

$95,949

100,000-249,999

$94,852

$98,333

$104,479

250,000 and above

$100,662

$104,356

$110,878


2. Whenever a clerk of a circuit court is such for a county and a city, for two or more counties, or for two or more cities, the aggregate population of such political subdivisions shall be the population for the purpose of arriving at the salary of the circuit court clerk under the provisions of this Item.


3. The annual salary herein prescribed shall be full compensation for services performed by the office of the circuit court clerk as prescribed by general law, and for the additional services of acting as general receiver of the court pursuant to § 8.01-582, Code of Virginia, indexing and filing land use application fees pursuant to § 58.1-3234, Code of Virginia, and all other services provided from, or utilizing the facilities of, the office of the circuit court clerk. Pursuant to § 8.01-589, Code of Virginia, the court shall provide reasonable compensation to the office of the clerk of the circuit court for acting as general receiver of the court. Out of the compensation so allowed, the clerk shall pay his bond or bonds. The remainder of the compensation so allowed shall be fee and commission income to the office of the circuit court clerk.


4. In any county or city operating under provisions of law which authorizes the governing body to fix the compensation of the clerk on a salary basis, such clerk shall receive such salary as shall be allowed by the governing body. Such salary shall not be fixed at an amount less than the amount that would be allowed the clerk under paragraphs A 1 through A 3 of this Item.


5. All clerks shall deposit all clerks' fees and state revenue with the State Treasurer in a manner consistent with § 2.1-198, Code of Virginia, unless otherwise provided by the Compensation Board as set forth in § 17.1-284, Code of Virginia.


B. The reports filed by each circuit court clerk pursuant to § 17.1-283, Code of Virginia, for each calendar year shall include all income derived from the performance of any office, function or duty described or authorized by the Code of Virginia whether directly or indirectly related to the office of circuit court clerk, including, by way of description and not limitation, services performed as a commissioner of accounts, receiver, or licensed agent, but excluding private services performed on a personal basis which are completely unrelated to the office. The Compensation Board may suspend the allowance for office expenses for any clerk who fails to file such reports within the time prescribed by law, or when the Board determines that such report does not comply with the provisions of this paragraph.


C. Each clerk of the circuit court shall submit to the Compensation Board a copy of the report required pursuant to § 19.2-349, Code of Virginia, at the same time that it is submitted to the Commonwealth's Attorney.


D. There is hereby reappropriated the unexpended balance remaining in this program on June 30, 1998, and June 30, 1999.


E. Included within this appropriation are Trust and Agency funds necessary to support one position to assist Circuit Court Clerks in implementing the recommendations of the Land Records Management Task Force Report dated January 1, 1998.


F. Notwithstanding the provisions of § 17.1-279 E, Code of Virginia, the Compensation Board may allocate to the clerk of any circuit court funds for the acquisition of equipment and software for a pilot project for the automated application for, and issuance of, marriage licenses by such court. Any such funds allocated shall be deemed to have been expended pursuant to clause (iii) of § 17.1-279 E for the purposes of the limitation on allocations set forth in that subsection.


G. Notwithstanding the provisions of § 1 of the first enactment of Chapter 14 of the 1998 Acts of Assembly, the Task Force on Land Records Management established by the third enactment of Chapter 675 of the 1997 Acts of Assembly is continued in existence until June 30, 2000, for the purpose of advising the General Assembly regarding:


1. Legislation (including legislation relating to indexing standards and the use of cover sheets in the recordation of instruments) necessary to implement the prior recommendations of the Task Force with respect to the automation of land records in circuit court clerk's offices and remote access to land records throughout the Commonwealth; and


2. Sources and allocation of long-term funding necessary to implement the prior recommendations of the Task Force.


Any vacancies arising in the membership of the present Task Force shall be filled in accordance with the provisions of § 1 of the third enactment of Chapter 675 of the 1997 Acts of Assembly. The Compensation Board may reimburse actual expenses incurred by the Council on Information Management in supporting the work of the Task Force from funds described in subsection C of § 17.1-279.