Senate Bill No. 68
(By Senators Minear and Buckalew)
[Introduced January 16, 1996; referred to the Committee
on Government Organization; and then to the Committee on
A BILL to amend and reenact section seven, article eight, chapter
five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the department
of administration; public records management and
preservation; and requiring an informational data bank for
all agencies that provide aid and service to the adult and
child citizens of West Virginia.
Be it enacted by the Legislature of West Virginia:
That section seven, article eight, chapter five-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§5A-8-7. Duties of administrator.
The administrator shall, with due regard for the functions
of the agencies concerned:
(a) Establish standards, procedures, and techniques for
effective management of records.
(b) Make continuing surveys of paperwork operations and
recommend improvements in current records management practices
including the use of space, equipment and supplies employed in
creating, maintaining, storing and servicing records.
(c) Establish standards for the preparation of schedules
providing for the retention of state records of continuing value
and for the prompt and orderly disposal of state records no
longer possessing sufficient administrative, legal or fiscal
value to warrant their further keeping.
(d) Select the state records which are essential and
determine their category pursuant to this article. In accordance
with the rules
and regulations promulgated by the administrator,
each person who has custody or control of state records shall:
(1) Inventory the state records in his or her custody or control;
(2) submit to the administrator a report thereon containing such
information as the administrator directs and containing
recommendations as to which state records are essential; and (3) periodically review his or her inventory and his or her report
and, if necessary, revise the report so that it is current,
accurate and complete.
(e) Obtain reports from agencies as are required for the
administration of the program.
(f) Implement and put into place a central informational
database for all agencies in this state that provide aid and
services to adult and child citizens of West Virginia, including,
but not limited to, any kind of public assistance such as
welfare, S.S.I., medicaid, workers' compensation, school lunches
or any other kind of assistance and any new assistance program
put into place in the future. Any agency that provides any of
the services referred to herein is required to check the
informational database for every applicant who applies for
assistance to determine if the applicant is receiving assistance
of any kind from any other agency or source, in order to monitor
replication of assistance or to certify the eligibility of that
applicant for the assistance sought.
NOTE: The purpose of this bill is to establish an
informational data bank for all state agencies that provide aid
and services to West Virginia citizens.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.