 Legislative Update
BUDGET AMENDMENT (Senator Bo Trumbo, Delegate Earl Dickinson) FUNDING TO ADDRESS "POSITION GAP" IN CLERKS OFFICES Workloads in circuit court clerks offices continue to grow dramatically so much so that they already have outstripped modest additions to staffing in clerks offices made during the past two Sessions. Official Compensation Board staffing standards objective measures of what is needed to do todays work, with no allowance for future growth -- reflect that clerks offices are 229 positions short. This translates into a statewide shortfall of more than 20% -- and in the worst-hit offices, the shortfall is as much as 66%. VCCA seeks budget amendments that would fund 115 that is, 50% -- of these missing, and sorely needed, positions, in the coming fiscal year. Total GF cost (all second year) is $2.4 million. BUDGET LANGUAGE AMENDMENT (Item 63.G, included in Governors Budget) STUDY OF CAREER DEVELOPMENT PROGRAM FOR DEPUTY CLERKS
Clerks strongly support a budget language amendment proposed by the Governor that would direct the Compensation Board, in conjunction with the Virginia Court Clerks Association, to study the feasibility of and to design a Career Development Program for deputies in circuit court clerks offices. The purposes of the program are to promote professional development and provide positive incentives for advancement that will enhance professionalism and retention of experienced staff. The program is intended to be similar to those successfully implemented in sheriffs offices (the Master Deputy Program) and Commonwealths attorneys offices (the Career Prosecutor Program), and recommended for treasurers offices, over the past several years. BUDGET CONCERN DIVERSION OF TECHNOLOGY TRUST FUND BALANCES (Item 65.C) Clerks are concerned regarding the proposal, within the Governors Budget, to divert $3.3 million in presently-uncommitted Technology Trust Fund (TTF) balances to fund technology needs and initiatives in all constitutional offices. While all constitutional officers strongly support the need for these technology investment and enhancements, diverting funds from this special fund, created to support land records and related modernizations in clerks offices, to fund this initiative both poses both a disturbing precedent and is at odds with the legislatures intent in creating TTF as a dedicated fund. LEGISLATIVE INTIATIVES SENATE BILL 891: OMNIBUS TECHNICAL CORRECTIONS LEGISLATION Clerks suggestions from around the state for technical clarifications of several Code sections have been combined in a single, technical corrections measure. Particular sections addressed by this measure which is not intended to create any substantive changes in law are as follows: Existing records retention language in § 17.1-213 is amended to clarify that the clerk may destroy the originals of judgments once they are microfilmed or scanned in accordance with existing requirements promulgated by the Library of Virginia. A statutory conflict regarding the fee payable upon the recordation of a power of attorney for service of process is resolved by deleting subdivision A 36 of § 17.1-275, thus permitting the standard "catch-all" recordation fee language of subdivision A 2 to control. An oversight in the 1999 legislation creating the fixed fee for felony reduced to misdemeanor is corrected by amending § 17.1-275.5 A 8 to clarify that existing fees, paid pursuant to § 17.1-275 A 11 b by convicted defendants in certain drug cases to support drug offender assessment programs and forensic laboratory analysis, continue to apply in cases in which drug felonies are reduced to misdemeanors. Code § 26-59, pertaining to nonresident fiduciaries, is amended to eliminate an unintended conflict between that section and § 26-4 regarding waivers of surety. Existing language in § 26-59, read literally, suggests that only the court appointing a nonresident fiduciary can waive surety, yet the general section on waiver of surety (§ 26-4) makes clear that it is the clerk who waives if the case in one which the clerk appoints. The statute governing applications for marriage licenses (§ 32.1-267) is amended to restrict access to applicants Social Security numbers, which have been required on marriage license applications since 1997 in order to facilitate child support enforcement actions. Concerns regarding the original version of the bill on this point are being addressed with the Coalition for Open Government and the Virginia Press Association. Code § 59.1-71 is amended to make clear that powers of attorney appointing agents for service of process on businesses trading under assumed names are to be filed in the deed book. Current law is ambiguous, and while many jurisdictions already file in the deed book, others interpret the statute to require filing in the fictitious name book. The statute providing for recordation of wills (§ 64.1-94) would be amended to make clear that certified copies of wills may be made from a microfilm or electronic copy when the will has been recorded in that manner.
For more information regarding the Associations legislative agenda, please contact VCCA Legislative Counsel Alan D. Albert
at 697-1368 or by E-mail at alan.albert@troutmansanders.com
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