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Chapter 5     Entire Code


ARTICLE 1. THE GOVERNOR.

ARTICLE 1A. ITEMIZATION OF PROPOSED APPROPRIATIONS IN BUDGET BILL SUBMITTED BY GOVERNOR TO LEGISLATURE.

ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.

ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.

ARTICLE 1D. GOVERNOR\'S OFFICE OF FISCAL RISK ANALYSIS AND MANAGEMENT.

ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.

ARTICLE 3. ATTORNEY GENERAL.

ARTICLE 4. BOARD OF PUBLIC WORKS.

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

ARTICLE 6. STATE BUILDINGS.

ARTICLE 7. SOCIAL SECURITY AGENCY.

ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

ARTICLE 9. DEPARTMENT OF COMMERCE.

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.

ARTICLE 10B. GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS.

ARTICLE 10C. GOVERNMENT EMPLOYEES RETIREMENT PLANS.

ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

ARTICLE 11. HUMAN RIGHTS COMMISSION.

ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.

ARTICLE 11B. PREGNANT WORKERS\' FAIRNESS ACT.

ARTICLE 12. WEST VIRGINIA ANTIQUITIES COMMISSION.

ARTICLE 13. PUBLIC EMPLOYEES\' AND TEACHERS\' RECIPROCAL SERVICE CREDIT ACT.

ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-HEARING.

ARTICLE 14A. WEST VIRGINIA INTERPRETER FOR THE DEAF ACT.

ARTICLE 15. WHITE CANE LAW.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

ARTICLE 16A. THE WEST VIRGINIA HEALTH CARE INSURANCE ACT.

ARTICLE 16B. WEST VIRGINIA CHILDREN\'S HEALTH INSURANCE PROGRAM.

ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.

ARTICLE 16D. WEST VIRGINIA RETIREMENT HEALTH BENEFIT TRUST FUND.

ARTICLE 17. WEST VIRGINIA COMMISSION ON ENERGY, ECONOMY AND ENVIRONMENT.

ARTICLE 18. WEST VIRGINIA CABLE TELEVISION SYSTEMS ACT.

ARTICLE 18A. TENANTS\' RIGHTS TO CABLE SERVICES.

ARTICLE 19. DOMESTIC ALUMINUM, GLASS AND STEEL IN PUBLIC WORKS PROJECTS.

ARTICLE 20. THE GOVERNOR\'S COMMISSION ON WILLOW ISLAND.

ARTICLE 21. ENERGY COST REDUCTION GUIDELINES.

ARTICLE 22. GOVERNMENT CONSTRUCTION CONTRACTS.

ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.

ARTICLE 23. COMMISSION ON MASS TRANSPORTATION.

ARTICLE 24. WEST VIRGINIA FOREST MANAGEMENT REVIEW COMMISSION.

ARTICLE 25. RESIDENT TRUSTEE ACCOUNTS.

ARTICLE 26. HERBERT HENDERSON OFFICE ON MINORITY AFFAIRS.

ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

ARTICLE 27. SEVERABILITY.

ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.

ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY AGENCIES.

ARTICLE 2. SECRETARY OF STATE.

§5-2-1. General duties.

The Secretary of State shall be the keeper of the seals of the state, keep a journal of executive proceedings, arrange and preserve all records and papers belonging to the executive department, be charged with the clerical duties of that department, and render to the Governor, in the dispatch of the executive business, such service as he may require.

§5-2-2. Authority to administer oaths.

Where any oath may lawfully be taken within the state, it may be administered by the Secretary of State, unless otherwise provided by law.

§5-2-3. Retention and preservation of records of the secretary of state; destruction of records.

(a) The Secretary of State shall provide for the storage and retention of those essential records, as defined in section four, article eight, chapter five-a of this code, filed in the office of the Secretary of State for the period specified by law or legislative rule. The Secretary of State shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code identifying the essential records and providing for the minimum retention period.

(b) Where a preservation duplicate, as defined in section three, article eight, chapter five-a of this code, is made of a record filed with the Secretary of State by photography, microphotography, digital imaging or other electronic means which accurately reproduces and preserves the record on microfilm, microfiche, optical disks or other unalterable electronic storage medium which complies with national standards or nationally accepted practice for permanent archival storage, the Secretary of State may provide for the destruction of the original paper copy when the following conditions are met:

(1) The preservation duplicate has been created, reviewed for quality, indexed in a reasonable manner as provided by the Secretary of State and determined to be accessible by means of the index;

(2) An additional archive copy of the preservation duplicate has been created and stored in a fireproof, secure storage location; and

(3) The original paper copy has been preserved for at least three months following the creation of the preservation duplicate.

(c) The original copies of the papers of the Governor, including executive orders, proclamations, appointments, pardons and other documents signed by the Governor, shall be retained permanently, regardless of whether a preservation duplicate has been created.

(d) The Secretary of State shall have authority to determine the retention period for nonessential records.

(e) The Secretary of State may, upon mutual agreement with the director of the division of archives and history, transfer to the division of archives and history those records of the Secretary of State as may be identified as having primarily historic value in order to make those records more available for purposes of research.

(f) Following the expiration of the required retention period, the destruction of confidential original records shall be conducted in a manner designed to protect the secrecy of those records.

(g) Nothing in this section shall be deemed to require the Secretary of State to destroy original records immediately upon the expiration of the retention period.

§5-2-4. Accessible county records; required information.

(a) The Secretary of State shall maintain a website with certain county information. The website shall be updated annually.

(b) On or before January 31, 2018, the county officer information website shall be updated by the Secretary of State.

(c) The website shall contain the following minimum information regarding county officials:

(1) The official title and name of each county office holder;

(2) The contact information for each county office holder, including telephone number, facsimile number, office location and mailing address;

(3) The electronic mail address of each elected county office holder where available; and

(4) The website of each county commission, where available.

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