COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 111

(By Senators Dittmar and Snyder)

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[Originating in the Committee on the Judiciary;

reported March 5, 1997.]

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A BILL to amend article one, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one hundred eight, relating to electronic records retention under the West Virginia consumer credit and protection act.

Be it enacted by the Legislature of West Virginia:
That article one, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one hundred eight, to read as follows:
ARTICLE 1. SHORT TITLE, DEFINITIONS AND GENERAL PROVISIONS.

§46A-1-108. Records retention methods.
(a) All persons subject to the provisions of this chapter who are required to create or maintain records or other documents in the course of their business, may copy or reproduce those records or documents (other than notes, bonds, mortgages and other securities and investments) by any existing and generally accepted method of reproduction or retention technology and may substitute copies or reproductions of the records or documents either in positive or negative form for the originals. Those electronic records are to be duplicated or backed-up on a daily basis and stored separately. A copy or reproduction in the form of a positive print is deemed to be an original counterpart of and has the same force as the original and is admissible in evidence in all courts and administrative agencies in this state for all purposes. The original may be destroyed or otherwise eliminated.
(b) When copies of documents are offered in evidence, all circumstances surrounding the making or issuance of the documents, books, records, correspondence and other instruments, papers or writings, or the photographic, photostatic or microphotographic copies or optical disks or other permissible reproductions represented by the copies, may be shown to affect the weight of the documents as evidence, but not the admissibility.
(c) Any device used to copy or reproduce documents and records shall be one which correctly and accurately reproduces the original document or record in all details and any disk or film used for this purpose shall be of durable material.
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(NOTE: The purpose of this bill is to make clear that modern, electronic records retention practices may be followed by persons required to create or maintain records under the West Virginia Consumer Credit and Protection Act.

This section is new; therefore, strike-throughs and underscoring have been omitted.)