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2017 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-258.3:1 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-258.3:1. Electronic filing of land records; paper form.
A. 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 the clerk's nonreverting local fund to be used to cover operational
expenses as defined in § 17.1-295. The clerk may require each filer to
provide proof of identity to 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. Further, nothing herein shall be construed to
require the electronic filing of any land record, and such records may continue
to be filed in paper form.
B. Any clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. 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 exclusively to cover the operational expenses as defined in § 17.1-295.
C. (Effective July 1, 2017) The clerk shall maintain a disaster plan, as defined in § 42.1-77, for recovery of any land record in possession of the clerk that is maintained as an electronic record.