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2014 SESSION
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 his the clerk's 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
the clerk 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, limited liability companies, and
other types of business entities, 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 30 days during his the clerk's
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 the
clerk's official duties during his the clerk's continuance in
office.
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 the clerk's 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 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.
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.