2004 Session

Budget Bill - HB29 (Introduced)

Compensation Board

Item 66

Item 66 (Not set out)

First Year - FY2003Second Year - FY2004
Pre-Trial, Trial, and Appellate Processes (32100)$38,345,745$37,473,370
Financial Assistance to Circuit Court Clerks (32106)FY2003 $38,345,745FY2004 $37,473,370
Fund Sources:  
GeneralFY2003 $30,150,576FY2004 $33,728,348
Trust and AgencyFY2003 $8,195,169FY2004 $3,745,022

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, 2002

December 1, 2002

December 1, 2003




November 30, 2002

November 30, 2003

June 30, 2004

Less than 10,000




10,000 to 19,999




















250,000 and above




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. Except as provided in Item 63 A 2, 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 § 2.2-806, 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, 2002, and June 30, 2003.

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. The expiration date of the Technology Trust Fund, as defined in § 17.1-279, Code of Virginia, is hereby extended to July 1, 2004.

H. Notwithstanding the provisions of § 17.1-279, Code of Virginia, the Compensation Board may allocate up to $4,450,000 the first year and $1,489,213 the second year of Technology Trust Fund moneys for operating expenses in the Clerks' offices.

I. Notwithstanding § 17.1-287, Code of Virginia, any elected official funded through this Item may elect to relinquish any portion of his state funded salary established in paragraph A 1 of this Item. In any office where the official elects this option, the Compensation Board shall ensure the amount relinquished is used to fund salaries of other office staff.