THINGS TO ASK YOUR DELEGATE TO DO IN THE NEXT VA GENERAL ASSEMBLY SESSION IN JAN. 2006 TO STOP THIS ONLINE CLERKS’ RECORDS MESS….

1) Repeal COV Section 17.1-225 which says: “The clerk of the circuit court of any county or city may provide remote access, including Internet access, to all nonconfidential court records…”   The GA passed a special bill in 1997 (HB 2762) which allows internet/remote access.   These records contain too many SSNs and other personal info to be available via the internet.

2) Repeal COV Section 17.1-276 which says: “Any clerk who provides electronic access, including access through the global information system known as the Internet, to nonconfidential court records or other records pursuant to §§ 17.1-225 and 17.1-226 may charge a fee established by the clerk or by the agency of the county, city or town providing computer support…”  If  the records are not available via the internet, then this COV section becomes moot and should be repealed.

3) Repeal COV Section 17.1-279 which deals with the Technology Trust Fund.  A Circuit Court Clerk charges everyone who records deeds, mortgages, etc a fee of $5 which goes for putting these records online and other improvements.  The citizens are paying this fee.  The citizens do not realize they are paying to have their own lives available via the World Wide Web.   The Clerks (if they are allowed to collect this fee) should be allowed to keep this money without the requirement/strangle hold of putting the records on the internet.   But for sure line “I” needs to be removed setting the date for the clerks to be online.  Line "I" says:  It is the intent of the General Assembly that all circuit court clerks provide secure remote access to land records on or before July 1, 2006.”    Most clerks come up for re-election in 2007 for their eight year term...  This should be made a campaign issue and every Clerk who is a member of the very association (the Clerks' Association) which has been pushing this online records issue should be voted out of office in 2007. (Note: Almost if not all clerks are members of that association...)

4) In COV 2.2-3808.2 remove Paragraph D1 which was the paragraph that gutted HB 2426 in the 2003 session.    There is no such thing as a “secure” website so therefore the records are not protected.   With this paragraph removed the Clerks CANNOT put online the six things mentioned in Paragraph A which are SSN, DOB, minor child’s name, mother’s maiden name, signature, and financial account number.

5) Get a bill put in that will prohibit the BULK SALE of these records.    Databrokers are getting their hands on these records and since the citizens in each county are paying for them to be digitized/scanned, then the databrokers shouldn’t be allowed to just come in and take possession of our records and then sell them/profit off them.   If the databrokers want them, they have to pay but these records should not be sold in bulk to anyone on a disk which could contain at least 10,000 records!.

6) Why does a Clerk of Circuit Court serve an EIGHT year term?   We need that changed to a four year term…. No one else in this state has an eight year term…

7) IN THIS DAY OF RAMPANT IDENTITY THEFT, DO WE REALLY NEED TO SPOON FEED CRIMINALS BY MAKING IT SO EASY TO GET TO THESE RECORDS?  TELL YOUR LEGISLATOR THAT IF SOMEONE WANTS TO SEE YOUR RECORDS, MAKE THEM DRIVE TO THE COURTHOUSE!!!!!  And remind your legislators that they or their family members have documents recorded in their courthouses with SSNs in them!

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