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Introduced Version Senate Bill 570 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 570

(By Senator Bowman)

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[Introduced February 12, 2010; referred to the Committee on Government Organization.]

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A BILL to amend and reenact §10-1-18a of the Code of West Virginia, 1931, as amended, relating to requiring the State Library Commission and the State Depository Library Clearinghouse, in consultation with the State Office of Technology, to develop, maintain and provide public access to an electronic system which can accommodate public state documents that are born digital.

Be it enacted by the Legislature of West Virginia:

That §10-1-18a of the Code of West Virginia, 1931, as amended, be amended and reenacted 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. The State Library Commission and the State Depository Library Clearinghouse, in consultation with the State Office of Technology, shall develop, maintain and provide public access to an electronic system which can accommodate public state documents that are born digital, and which system shall have the capability of accepting, storing, retrieving and distributing such digital materials.
(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.



NOTE: The purpose of this bill is to require
the state Library Commission and the State Depository Library Clearinghouse, in consultation with the State Office of Technology, to develop, maintain and provide public access to an electronic system which can accommodate public state documents that are born digital.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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