Bill Text: VA HB313 | 2014 | Regular Session | Prefiled
Bill Title: Clerk of the State Corporation Commission; unauthorized filings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-03-07 - Governor: Acts of Assembly Chapter text (CHAP0197) [HB313 Detail]
Download: Virginia-2014-HB313-Prefiled.html
14103103D 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; unauthorized filings. 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 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 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 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 C. Notwithstanding any other provision of law, the clerk may review the circumstances surrounding the execution or delivery of any document associated with any business entity of record in the office of the clerk that was submitted for filing under a business entity statute administered by the Commission pursuant to Title 13.1 or Title 50. If the clerk determines that the person who executed or delivered the document was without authority to act on behalf of the business entity, the clerk is authorized (i) to refuse to accept the document for filing or (ii) if the document has been filed, to summarily remove the document and any documents and data related to the filing from the records in the office of the clerk, correct such records, and provide notice to any business entity affected by the filing. The Commission, its members, the clerk of the Commission, and any member of the clerk's 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. |