HB2278 S GOV AM #1

Stewart 7965

The Committee on Government Organization moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

§5A-8-20. Alternate storage of state records.

(a) Findings and purpose. -- The Legislature finds that continuous advances in technology have resulted and will continue to result in the development of alternate formats for the nonerasable storage of state records, and that the use of such alternative storage formats, where deemed advisable, promote the efficient and economical administration of government and provide a means for the preservation of valuable records which that are subject to decay or destruction. It is the purpose of the Legislature to authorize the storage of state records in such those alternate formats, as may be determined by the various branches of the government of this state, that will reasonably ensure that the originals of such those records are copied into such alternative formats in a manner in which the image thereof of the original records may is not be erased or altered, and from which true and accurate reproductions of the original state records may be retrieved.

(b) Approved format. -- (1) In addition to those formats, processes and systems described in section ten of this article, sections seven-a and seven-c, article one, chapter fifty-seven of this code, and section twelve, article five of said chapter fifty-seven, which are otherwise authorized for the reproduction of state records, a preservation duplicate of a state record may be stored in any approved format where the image of the original state record is preserved in a form in which the image thereof is incapable of erasure or alteration, and from which a reproduction of the stored state record may be retrieved which truly and accurately depicts the image of the original state record.

(2) As a substitute for using medium that is incapable of erasure or alteration, a preservation duplicate of a state record may be stored on other electronic storage medium or other medium capable of storing digitized documents if:

(A) The medium is stored to maximize its life by minimizing exposure to environmental contaminants;

(B) At least two copies of the preservation duplicate are made and one copy is stored in an off-site location; and

(i) Modifications in the archiving process are made as technology changes so that the preservation duplicates are readily accessible, which may include migrating the preservation duplicates to different medium or different file formats; and

(ii) The medium is periodically examined to determine if the preservation duplicates remain readable and intact.

(c) Executive agency records. -- (1) Except for those formats, processes and systems used for the storage of state records on the effective date of this section, no The alternate format formats for the storage of state records described in this section is are authorized for the storage of the state records of any agency of this state. unless the particular format has been approved by the state records administrator pursuant to legislative rule promulgated in accordance with the provisions of chapter twenty-nine-a of this code. No provision of this section shall be construed to prohibit the state records administrator from prohibiting the use of any format, process or system used for the storage of executive state records upon his or her determination that the same is not reasonably adequate to preserve the state records from destruction, alteration or decay. The state records administrator shall establish a procedure for executive agencies to follow implementing the provisions of subsection (b) of this section by July 1, 2012. The procedure shall include, at a minimum, the identification of examples of medium and accompanying procedures to be followed for executive agencies when making preservation duplicates of state records on medium readily available, other than microfilm or microfiche.

(2) Upon creation of a preservation duplicate which stores an original executive state record in an approved format in which the image thereof is incapable of erasure or alteration, and from which a reproduction of the stored state record may be retrieved which truly and accurately depicts the image of the original state record, the state records administrator may destroy or otherwise dispose of the original in accordance with the provisions of section seventeen of this article for the destruction of records.

(d) Judicial records. -- (1) Except for those formats, processes and systems used for the storage of state records on the effective date of this section, no alternate format for the storage of state records described in this section is authorized for the storage of the state records of any court of this state unless the particular format has been approved by the Supreme Court of Appeals by rule. No provision of This section shall be construed to does not prohibit the Supreme Court of Appeals from prohibiting the use of any format, process or system used for the storage of judicial state records upon its determination that the same is not reasonably adequate to preserve the state records from destruction, alteration or decay.

(2) Upon creation of a preservation duplicate which stores an original judicial state record in an approved format in which the image thereof is incapable of erasure or alteration, and from which a reproduction of the stored state record may be retrieved which truly and accurately depicts the image of the original state record, the court or the clerk thereof creating the same may, consistent with rules of the Supreme Court of Appeals, destroy or otherwise dispose of the original in accordance with the provisions of section seven, article one, chapter fifty-seven of this code for the destruction of records.

(e) Legislative records. -- (1) Except for those formats, processes and systems used for the storage of state records on the effective date of this section, no alternate format for the storage of state records described in this section is authorized for the Storage of the state records of the Legislature unless the particular format has been approved in a writing jointly by the Speaker of the House of Delegates and the President of the Senate to the clerks of their respective houses. No provision of this section shall be construed to prohibit the presiding officers of the houses of the Legislature from prohibiting the use of any format, process or system used for the storage of legislative state records upon their determination that the same is not reasonably adequate to preserve the state records from destruction, alteration or decay.

(2) Upon creation of a preservation duplicate which stores an original legislative state record in an approved format in which the image thereof is incapable of erasure or alteration, and from which a reproduction of the stored state record may be retrieved which truly and accurately depicts the image of the original state record, the clerks of the respective houses of the Legislature may destroy or otherwise dispose of the original. However, prior thereto, the clerks shall give written notice of their intention to do so to the director of the section of archives and history of the Division of Culture and History. Upon the written request of the director, given to the clerks within ten days of receipt of said notice, the clerks shall retain the original record for a period of thirty days. In the event the director fails to retrieve the original document from the clerks within the thirty day period, the clerks may destroy or otherwise dispose of the original without further notice to the director. In accordance with all applicable provisions of the West Virginia Constitution, the procedures for the storage and destruction of legislative records shall be determined by each house, or by a joint rule.

(f) Upon request and payment of a reasonable cost, one copy of any state record archived or preserved pursuant to the provisions of this article shall be provided to any county historical society.

Adopted

Rejected