ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2046
(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
[Passed March 10, 1995; in effect ninety days from passage.]
AN ACT to amend article one, chapter ten of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
eighteen-a, relating to establishing a state publications
clearinghouse for libraries throughout the state in order to
facilitate public access to publications issued by state
agencies.
Be it enacted by the Legislature of West Virginia:
That article one, chapter ten of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section eighteen-a, to
read as follows:
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-18a. Establishment of state publications clearinghouse;
definitions; powers of West Virginia library commission; designations by state agencies.
(a) There is hereby established the state depository library
clearinghouse which shall be under the direction of the state
library commission.
(b) As used in this section, the following terms have the
following meanings:
(1) "Public document" means any document, report, directive,
bibliography, rule, newsletter, pamphlet, brochure, periodical,
request for proposal, or other publication, whether in print or
an unprinted format, that is paid for, in whole or in part, by
funds appropriated by the Legislature and may be subject to
distribution to the public;
(2) "Depository library" means a library designated to
collect, catalog, maintain and make available all or particular
selected state publications to the general public; and
(3) "State agency" means any state office, whether
legislative, executive or judicial, including, but not limited
to, any constitutional officer, department, division, bureau,
board, commission or other agency which expends state
appropriated funds.
(c) The state library commission shall establish a state
depository library clearinghouse to receive and distribute all
state public documents to the depository libraries around the
state.
(d) The commission shall designate a state library staff
member as director of the state publications clearinghouse for
librarians. The director shall hold a graduate degree in library
science from an accredited institution of higher learning. The
clearinghouse shall establish requirements for eligibility to
become and remain a depository library.
(e) In designating a library as a depository library the
clearinghouse shall consider the geography of the state and the
existing federal depository libraries. West Virginia University
library, Marshall University library and the state department of
archives shall be designated as complete depository libraries
that shall receive two copies of all public documents. The
clearinghouse shall also, pursuant to the requirements it
establishes hereunder, designate other libraries around the state
as depository libraries, upon request from a library.
(f) Each state agency shall designate one person as its
documents officer while notifying the clearinghouse of his or her
identity. The documents officer shall, prior to the public
release of any state public document, deposit with the
clearinghouse a minimum of fifteen copies as required to meet the
needs of the depository library system. If fewer than forty
copies of a public document are produced, no more than two such
copies are required to be deposited with the clearinghouse.