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2013 SESSION
13103942DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2-904.1 and 12.1-19 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-904.1. Virginia Business One Stop electronic portal program.
A. As used in this article, unless the context requires a different meaning:
"Business Permitting
Center" or "Center" means the business
registration and permitting center established by this section and located in
and under the administrative control of the Department.
"Business entity" means a corporation, limited liability company, business trust, or limited partnership that will be operated as a small business.
"Clerk's office" means the office of the clerk of the State Corporation Commission established pursuant to § 12.1-18.
"Comprehensive application" means a an
electronic document incorporating pertinent data that can be seamlessly processed by the State
Corporation Commission's eFile and the BOS
from existing applications for business
formation and registration and
permits covered under this section.
"Comprehensive permit" means the single electronic document designed
for public display issued by the Business Permitting Center BOS that certifies state
agency permit approval and that incorporates the endorsements for individual
permits included in the comprehensive permitting program.
"Comprehensive permitting program" or "Program" means the mechanism by which comprehensive permits are issued and renewed, permit and regulatory information is disseminated, and account data are exchanged by state agencies.
"Department" means the Department of Business Assistance or any participating state agency or any division of the Department participating in the BOS program to which the Director has delegated or assigned the duties and responsibilities of administering the comprehensive permitting program.
"Organizational documents" means the articles of incorporation of a corporation, articles of organization of a limited liability company, articles of trust of a business trust, and certificate of limited partnership of a limited partnership.
"Permit" means the whole or part of any state agency permit, license, certificate, approval, registration, or charter, or any form or permission required by law, to engage in activity associated with or involving the establishment of a small business or to perform professional services involving an established small business in the Commonwealth.
"Permit information packet" means a collection of information about permitting requirements and application procedures custom assembled for each request.
"Regulatory" means all permitting and other governmental or statutory requirements establishing a small business or professional activities associated with establishing a small business.
"Regulatory agency" means any state agency, board, commission, or division that regulates one or more professions, occupations, industries, businesses, or activities.
"Renewal application" means a document used to collect pertinent data for renewal of permits covered under this section.
"Small business" means an independently owned and operated business that, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.
"Veteran" means an individual who has served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable.
"Virginia Business One Stop" or "BOS" means the business registration and permitting center established by this section and located in and under the administrative control of the Department.
B. There is created within the Department the comprehensive permitting program (the Program) BOS. The Program BOS is established to serve as
a single access point to aid entrepreneurs in filling out the various permit
applications associated with establishing a small business in Virginia. The BOS shall provide seamless integration and
conversion of pertinent data required to register or form a new small business
in the Commonwealth, to submit business-related
permits and license applications as required
by state agencies in the Commonwealth, and to
transition from paper forms to electronic processing. The Program BOS
in no way supersedes or supplants any regulatory authority granted to any state
agency with permits covered by this section. As part of the Program, the
Department shall coordinate with the regulatory agency, and the regulatory
agency shall determine consistent with applicable law, what types of permits
are appropriate for inclusion in the Program as well as the rules governing the
submission of and payment for those permits. The clerk's office shall
coordinate with the
Department to ensure that, by January 1, 2014, the BOS permits entrepreneurs seeking to
establish a small business in Virginia to prepare and seamlessly submit electronic
business registration applications and organizational
documents, fees, and information required to be filed with the clerk's office
pursuant to Title 13.1 or Title 50 that are related to the formation of a
business entity to the clerk's office through
the BOS website of the Department. Submissions
to the clerk's office through the BOS website of
the Department shall permit entrepreneurs to complete and
transmit the
organizational documents and required information via the Internet,
and shall allow the electronic payment of
fees, without requiring the printing and mailing of paper forms or
other materials. The website of the
Department shall provide access to information regarding the Program BOS.
The State Corporation Commission's eFile website shall
provide the BOS user a seamless electronic transition to accept common
BOS data elements from the BOS website. The Department
shall have the power and duty to:
1. Create a comprehensive electronic
application with seamless common data handling and data
exchange with the State Corporation Commission's eFile that
will allow an entrepreneur, or an agent thereof, seeking to establish a small
business, to create accounts that will
allow them him
to acquire the appropriate permits required in the Commonwealth. The
comprehensive application shall:
a. Allow the business owner to choose a business type and to provide common information, such as name, address, and telephone number, on the front page, eliminating the need to repeatedly provide common information on each permit application;
b. Allow the business owner to preview and answer questions related to the operation of the business;
c. Provide business owners with a customized to-do agency checklist, which checklist shall provide the permit applications pertinent to each business type and provide the rules, regulations, and general laws applicable to each business type as well as local licensing information;
d. Allow the business owner to submit permit applications by electronic means as authorized by § 59.1-496 and to affix thereto his electronic signature as defined in § 59.1-480;
e. Allow the business owner to check on the status of applications online and to receive information from the permitting agencies electronically; and
f. Allow a business owner to submit electronic payment for application or permitting fees for applications that have been accepted by the permitting agency.
2. Develop and administer a computerized system program capable of storing, retrieving, and exchanging permit information, while protecting the confidentiality of information submitted to the Department to the extent allowable by law. Information submitted to the Department shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) as the same would apply were the information submitted directly to the Department or to any permitting agency.
3. Issue and renew comprehensive permits in an efficient manner.
4. Identify the types of permits appropriate for inclusion in
the Program BOS.
The Department shall coordinate with the regulatory agency, and the regulatory
agency shall determine consistent with applicable law, what types of permits
are appropriate for inclusion in the Program BOS.
5. Incorporate permits into the Program BOS.
6. Remit organizational documents, fees, and information to the clerk's office in connection with the formation of a business entity.
7. Do all acts necessary or convenient to carry out the purposes of this chapter.
C. The Business Permitting
Center BOS
shall compile information regarding the regulatory programs associated with
each of the permits obtainable under the Program and the
requirements for submitting organizational documents, fees, and information in connection with the
formation of a business entity. This information shall
include, at a minimum, a listing of the statutes and administrative rules
requiring the permits and pertaining to the regulatory programs that are
directly related to the permit. The Center BOS shall provide information
governed by this section to any person requesting it. Materials used by the Center BOS
to describe the services provided by the Center shall indicate that this
information is available upon request.
D. Each state agency and the State Corporation Commission shall cooperate and provide reasonable assistance to the Department in the implementation of this section.
E. The State Corporation Commission shall fully integrate processes and forms into the BOS and shall process all forms within 48 business hours from the time the applicant submits the form electronically.
F. Any person requiring permits that have been incorporated into the Program may submit a comprehensive application to the Department requesting the issuance of the permits. The comprehensive application form shall contain in consolidated form information necessary for the issuance of the permits.
F. G. The
applicant, if not a veteran, shall include with the application the handling
fee established by the Department. An applicant who is a veteran shall be
exempt from payment of the handling fee prescribed by this subsection. The
amount of the handling fee assessed against the applicant shall be set by the
Department at a level necessary to cover the costs of administering the
comprehensive permitting program.
G. H. The
authority for approving the issuance and renewal of any requested permit that
requires an investigation, inspection, testing, or other judgmental review by
the regulatory agency otherwise legally authorized to issue the permit shall
remain with that agency. The Center may issue those permits for which proper
fee payment and a completed application form have been received and for which
no approval action is required by the regulatory agency.
H. I. Upon
receipt of the application, and proper fee payment for any permit for which
issuance is subject to regulatory agency action under subsection G H,
the Department shall immediately notify the State
Corporation Commission or the regulatory agency with
authority to approve the permit issuance or renewal requested by the applicant. Each The State Corporation
Commission or the regulatory agency shall advise the
Department within a reasonable time after receiving the notice of one of the
following:
1. That the State Corporation Commission or the regulatory agency approves the issuance of the requested permit and will advise the applicant of any specific conditions required for issuing the permit;
2. That the State Corporation Commission or the regulatory agency denies the issuance of the permit and gives the applicant reasons for the denial;
3. That the application is pending; or
4. That the application is incomplete and further information from or action by the applicant is necessary.
I. J. The
Department shall issue a comprehensive permit endorsed for all the approved
permits to the applicant and advise the applicant of the status of other
requested permits. The applicant shall be responsible for contesting any
decision regarding conditions imposed or permits denied through the normal
process established by statute or by the State Corporation
Commission or the regulatory agency with the authority for
approving the issuance of the permit.
J. K. Regulatory
agencies and the clerk's office shall
be provided information from the comprehensive application for their permitting
and regulatory functions.
K. L. The
Department shall be responsible for directing the applicant to make all
payments for applicable fees established by the regulatory agency or the clerk's office directly
to the proper agency.
L. M. There is
hereby created in the state treasury a special nonreverting fund to be known as
the Comprehensive Permitting Fund, hereafter referred to as "the
Fund." The Fund shall be established on the books of the Comptroller. The
Fund shall consist of all moneys collected from the handling fee established by
the Department pursuant to subsection F G and such other funds as may
be appropriated by the General Assembly. Interest earned on moneys in the Fund
shall remain in the Fund and be credited to it. Any moneys remaining in the
Fund, including interest thereon, at the end of each fiscal year shall not
revert to the general fund but shall remain in the Fund. Moneys in the Fund
shall be used solely to administer the Program. Expenditures and disbursements
from the Fund shall be made by the State Treasurer on warrants issued by the
Comptroller upon written request signed by Director of the Department.
M. N. Unless
otherwise directed by the regulatory agency, the Department shall not issue or
renew a comprehensive permit to any person under any of the following
circumstances:
1. The person does not have a valid tax registration, if required.
2. The person is a corporation, limited liability company, business trust, limited partnership or registered limited liability partnership that (i) is delinquent in the payment of fees or penalties collected by the State Corporation Commission pursuant to the business entity statutes it administers; (ii) does not exist; or (iii) is not authorized to transact business in the Commonwealth pursuant to one of the business entity statutes administered by the State Corporation Commission.
3. The person has not submitted the sum of all fees and deposits required for the requested individual permit endorsements, any outstanding comprehensive permit delinquency fee, or other fees and penalties to be collected through the comprehensive permitting program.
N. O. The
Department may adopt regulations in accordance with § 2.2-901 as may be
necessary to carry out the purposes of this section.
§ 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; and
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; and
8. Ensure that by January 1, 2014, the Commission's eFile electronic registration system is capable of accepting common data elements and provide a seamless transition from the BOS established pursuant to § 2.2-904.1, in order that an entrepreneur or his agent may submit electronically any organizational documents, fees, and information required in connection with the formation of a corporation, limited liability company, business trust, or limited partnership to the clerk's office via the BOS operated by the Department of Business Assistance.
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.