SB1247: Commonwealth, Secretary of the; acceptance of certain electronic signatures.

SENATE BILL NO. 1247
Offered January 12, 2011
Prefiled January 12, 2011
A BILL to amend and reenact §§ 2.2-423 and 2.2-3118 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 47.1-5.1, relating to the Secretary of the Commonwealth; acceptance of certain electronic signatures.
Patron-- Vogel

Referred to Committee on General Laws and Technology

Be it enacted by the General Assembly of Virginia:

1.  That §§ 2.2-423 and 2.2-3118 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 47.1-5.1 as follows:

§ 2.2-423. Contents of registration statement.

A. The registration statement shall be on a form provided by the Secretary of the Commonwealth and include the following information:

1. The name and business address and telephone number of the lobbyist;

2. The name and business address and telephone number of the person who will keep custody of the lobbyist's and the lobbyist's principal's accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;

3. The name and business address and telephone number of the lobbyist's principal;

4. The kind of business of the lobbyist's principal;

5. For each principal, the full name of the individual to whom the lobbyist reports;

6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;

7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;

8. The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist's principal;

9. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist's principal will engage in lobbying; and

10. The signed statement by of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct.

B. Whenever any change, modification or addition to his status as a lobbyist is made, the lobbyist shall, within one week of such change, modification or addition, furnish full information regarding the same to the Secretary of the Commonwealth on forms provided by the Secretary.

C. The Secretary of the Commonwealth shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.

D. If the principal to whom the information is sent under subsection C does not, within ten 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary shall notify the attorney for the Commonwealth of the City of Richmond.

§ 2.2-3118. Disclosure form; certain citizen members.

A. The financial disclosure form to be used for filings required pursuant to subsection B of § 2.2-3114 and subsection B of § 2.2-3115 shall be signed by the filer either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.). The financial disclosure form shall be substantially as follows:

DEFINITIONS AND EXPLANATORY MATERIAL.

"Business" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit.

"Close financial association" means an association in which the person filing shares significant financial involvement with an individual and the filer would reasonably be expected to be aware of the individual's business activities and would have access to the necessary records either directly or through the individual. "Close financial association" does not mean an association based on (i) the receipt of retirement benefits or deferred compensation from a business by which the person filing this statement is no longer employed, or (ii) the receipt of compensation for work performed by the person filing as an independent contractor of a business that represents an entity before any state governmental agency when the person filing has no communications with the state governmental agency.

"Contingent liability" means a liability that is not presently fixed or determined, but may become fixed or determined in the future with the occurrence of some certain event.

"Immediate family" means (i) a spouse and (ii) any other person residing in the same household as the filer, who is a dependent of the filer or of whom the filer is a dependent.

"Dependent" means any person, whether or not related by blood or marriage, who receives from the filer, or provides to the filer, more than one-half of his financial support.

"Personal interest" means, for the purposes of this form only, a personal and financial benefit or liability accruing to a filer or a member of his immediate family. Such interest shall exist by reason of (i) ownership in real or personal property, tangible or intangible; (ii) ownership in a business; (iii) income from a business; or (iv) personal liability on behalf of a business; however, unless the ownership interest in a business exceeds three percent of the total equity of the business, or the liability on behalf of a business exceeds three percent of the total assets of the business, or the annual income, and/or property or use of such property, from the business exceeds $10,000 or may reasonably be anticipated to exceed $10,000, such interest shall not constitute a "personal interest."


 Name ...................................................................
 Office or position held or to be held
 ........................................................................
 Address ................................................................
I. FINANCIAL INTERESTS

My personal interests and those of my immediate family are as follows:

Include all forms of personal interests held at the time of filing: real estate, stocks, bonds, equity interests in proprietorships and partnerships. You may exclude:

1. Deposits and interest bearing accounts in banks, savings institutions and other institutions accepting such deposits or accounts;

2. Interests in any business, other than a news medium, representing less than three percent of the total equity value of the business;

3. Liability on behalf of any business representing less than three percent of the total assets of such business; and

4. Income (other than from salary) less than $10,000 annually from any business. You need not state the value of any interest. You must state the name or principal business activity of each business in which you have a personal interest.

A. My personal interests are:

1. Residence, address, or, if no address, location ....................

2. Other real estate, address, or, if no address, location ............

3. Name or principal business activity of each business in which stock, bond or equity interest is held ............................................

B. The personal interests of my immediate family are:

1. Real estate, address or, if no address, location ...................

2. Name or principal business activity of each business in which stock, bond or equity interest is held ...........................................

II. OFFICES, DIRECTORSHIPS AND SALARIED EMPLOYMENTS

The paid offices, paid directorships and salaried employments which I hold or which members of my immediate family hold and the businesses from which I or members of my immediate family receive retirement benefits are as follows:

(You need not state any dollar amounts.)

A. My paid offices, paid directorships and salaried employments are:

_____________________________________________________________________
 
         Position held                      Name of business
 _______________________________    __________________________________
 _______________________________    __________________________________
 _______________________________    __________________________________
 _____________________________________________________________________

B. The paid offices, paid directorships and salaried employments of members of my immediate family are:

_____________________________________________________________________
 
         Position held                      Name of business
 _______________________________    __________________________________
 _______________________________    __________________________________
 _______________________________    __________________________________
 _____________________________________________________________________
III. BUSINESSES TO WHICH SERVICES WERE FURNISHED

A. The businesses I have represented, excluding activity defined as lobbying in § 2.2-419, before any state governmental agency, excluding any court or judge, for which I have received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows:

Identify businesses by name and name the state governmental agencies before which you appeared on behalf of such businesses.

_____________________________________________________________________
 
     Name of business                Name of governmental agency
 _____________________________       _________________________________
 _____________________________       _________________________________
 _____________________________       _________________________________
 _____________________________________________________________________

B. The businesses that, to my knowledge, have been represented, excluding activity defined as lobbying in § 2.2-419, before any state governmental agency, excluding any court or judge, by persons with whom I have a close financial association and who received total compensation in excess of $1,000 during the preceding year, excluding compensation for other services to such businesses and representation consisting solely of the filing of mandatory papers, are as follows:

Identify businesses by type and name the state governmental agencies before which such person appeared on behalf of such businesses.

_____________________________________________________________________
 
     Type of business              Name of state governmental agency
 ______________________________    ___________________________________
 ______________________________    ___________________________________
 ______________________________    ___________________________________
 _____________________________________________________________________

C. All other businesses listed below that operate in Virginia to which services were furnished pursuant to an agreement between you and such businesses and for which total compensation in excess of $1,000 was received during the preceding year:

Check each category of business to which services were furnished.

_____________________________________________________
 
 Electric utilities                         __________
 Gas utilities                              __________
 Telephone utilities                        __________
 Water utilities                            __________
 Cable television companies                 __________
 Intrastate transportation companies        __________
 Interstate transportation companies        __________
 Oil or gas retail companies                __________
 Banks                                      __________
 Savings institutions                       __________
 Loan or finance companies                  __________
 Manufacturing companies (state type
   of product, e.g., textile, furniture,
   etc.)                                    __________
 Mining companies                           __________
 Life insurance companies                   __________
 Casualty insurance companies               __________
 Other insurance companies                  __________
 Retail companies                           __________
 Beer, wine or liquor companies or
   distributors                             __________
 Trade associations                         __________
 Professional associations                  __________
 Associations of public employees or
   officials                                __________
 Counties, cities or towns                  __________
 Labor organizations                        __________
 _____________________________________________________
IV. COMPENSATION FOR EXPENSES

The persons, associations, or other sources other than my governmental agency from which I or a member of my immediate family received remuneration in excess of $200 during the preceding year, in cash or otherwise, as honorariums or payment of expenses in connection with my attendance at any meeting or other function to which I was invited in my official capacity are as follows:

_______________________________________________________________________
 
                         Description              Amount of remuneration
 Name of Source          of occasion              for each occasion
 _____________________   ______________________   ______________________
 _____________________   ______________________   ______________________
 _____________________   ______________________   ______________________
 _______________________________________________________________________

B. The provisions of Part III A and B of the disclosure form prescribed by this section shall not be applicable to officers and employees of local governmental and local advisory agencies.

C. Except for real estate located within the county, city or town in which the officer or employee serves or a county, city or town contiguous to the county, city or town in which the officer or employee serves, officers and employees of local governmental or advisory agencies shall not be required to disclose under Part I of the form any other interests in real estate.

§ 47.1-5.1. Application for recommission.

For persons already commissioned as notaries public or electronic notaries public pursuant to this title and who are submitting application for recommission as a notary or electronic notary, the Secretary may accept electronic signatures, authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), as confirmation that the application has been signed and sworn pursuant to § 47.1-5.