Bill Text: VA HB168 | 2014 | Regular Session | Prefiled
Bill Title: State Corporation Commission; eFile electronic registration system, etc.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2014-03-27 - Governor: Acts of Assembly Chapter text (CHAP0311) [HB168 Detail]
Download: Virginia-2014-HB168-Prefiled.html
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14102419D Be it enacted by the General Assembly of Virginia: 1. That §12.1-19 of the Code of Virginia is amended and reenacted as follows: §12.1-19. Duties of clerk; records; copies; personal identifiable information. A. The clerk of the Commission shall: 1. Keep a record of all the proceedings, orders, findings, and judgments of the public sessions of the Commission, and the minutes of the proceedings of each day's public session shall be read and approved by the Commission and signed by its chairman, or acting chairman; 2. Subject to the supervision and control of the Commission, have custody of and preserve all of the records, documents, papers, and files of the Commission, or which may be filed before it in any complaint, proceeding, contest, or controversy, and such records, documents, papers, and files shall be open to public examination in the office of the clerk to the same extent as the records and files of the courts of this Commonwealth; 3. When requested, make and certify copies from any record, document, paper, or file in his office, and if required, affix the seal of the Commission (or a facsimile thereof) thereto, and otherwise furnish and certify information from the Commission records by any means the Commission may deem suitable; and, except when made at the instance of the Commission or on behalf of the Commonwealth, a political subdivision of the Commonwealth, or the government of the United States, he shall charge and collect the fees fixed by §§12.1-21.1 and 12.1-21.2; and any such copy or information, so certified, shall have the same faith, credit, and legal effect as copies made and certified by the clerks of the courts of this Commonwealth from the records and files thereof; 4. Certify all allowances made by the Commission to be paid out of the public treasury for witness fees, service of process, or other expenses; 5. Issue all notices, writs, processes or orders awarded by the Commission, or authorized by law, or by the rules of the Commission; 6. Receive all fines and penalties imposed by the Commission,
all moneys collected on judgments, all registration fees and franchise taxes
required by law to be paid by corporations, including delinquencies thereof and
all other fees collected by the Commission, and shall keep an accurate account
of the same and the disposition of such receipts and shall, at least once in
every thirty days during his term of office, render a statement of all such
receipts and collections to the Comptroller, and pay the same into the treasury
of the Commonwealth, and shall keep all such other accounts of such collections
and disbursements, and shall make all such other reports thereof as may be
required by law or by the regulations prescribed by the Comptroller; 7. Generally have the powers, discharge the functions, and perform the duties of a clerk of a court of record in all matters within the jurisdiction of the Commission. The Commission may designate one or more deputies or assistants of the clerk who may discharge any of his official duties during his continuance in office; 8. Ensure that by July 1, 2014, the Commission's eFile electronic registration system is secure. The system shall be deemed secure if it (i) provides a means to verify the identity of users; (ii) designates each user as having access with regard to one or more specified business entities; and (iii) allows users to access information regarding, and to make changes to records in the system affecting, only a business entity for which the user is designated; and 9. Ensure that any articles of dissolution of a stock corporation that are filed pursuant to §13.1-604, or of a nonstock corporation that are filed pursuant to §13.1-743, are signed in the name of the corporation by the chairman or any vice-chairman of the board of directors, the president, or any other of its officers authorized to act on behalf of the corporation who are listed as a director or principal officer of the corporation on the most recent annual report filed with the Commission by the corporation. B. A person who prepares or submits to the office of the clerk of the Commission a document or any information for filing with the Commission pursuant to Title 8.9A, Title 13.1, or Title 50 is responsible for ensuring that the document or information does not contain any personal identifiable information, unless such information is otherwise publicly available or is required or authorized by law to be included in the document or information provided. For purposes of this subsection, "personal identifiable information" means (i) a social security number or any other numbers appearing on driver's licenses, (ii) information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems, (iii) a date of birth identified with a particular individual, (iv) the maiden name of an individual's parent, or (v) any financial account number. Any person who prepares or submits to the office of the clerk a document for filing that contains personal identifiable information shall be deemed to have authorized the clerk or any member of his staff to remove, delete, or obliterate, without prior notice, such information prior or subsequent to recording or filing the document in the office of the clerk. Nothing in this subsection shall be deemed to require the clerk to alter any document submitted for filing. The clerk may refuse to accept for filing any document that includes personal identifiable information and return it for modification or explanation. The Commission, its members, the clerk of the Commission, and any member of his staff are immune from liability in any proceeding arising from any acts or omissions in the implementation of this subsection. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity that exists under statutory or common law. 2. That an emergency exists and this act is in force from its passage. |
