H. B. 2046


(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
[Introduced January 17, 1995 ; referred to the
Committee on Government Organization.]




A BILL 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 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 publication, 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.

NOTE: The purpose of this bill is to establish a state publications clearinghouse for libraries which will systematically collect and distribute state publications to libraries throughout the state in order to facilitate public access to publications issued by state agencies.

Section eighteen-a is new; therefore, strike-throughs and underscoring have been omitted.