Senate Bill No. 455

(By Senator Buckalew)

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[Introduced February 10, 1998; referred to the Committee on Government Organization.]
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A BILL to amend and reenact section nine, article eight, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to deleting requirement that the state records administrator approve the purchase of file cabinets.

Be it enacted by the Legislature of West Virginia:
That section nine, 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-8-9. Duties of agency heads.

The head of each agency shall:
(a) Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency.
(b) Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agency's activities.
(c) Submit to the administrator, in accordance with the standards established by him, schedules proposing the length of time each state record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency. The head of each agency also shall submit lists of state records in custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal value to warrant their further keeping for disposal in conformity with the requirements of section ten of this article.
(d) Cooperate with the administrator in the conduct of surveys made pursuant to the provisions of this article.
(e) Comply with the rules, regulations, standards and procedures issued by the administrator.
(f) First obtain the administrator's written approval before purchasing or acquiring any equipment or supplies used or to be used to store or preserve records of the agency. If such approval is obtained the agency will submit a requisition to the finance division together with a copy of the administrator's said approval.


NOTE: The purpose of this bill is to delete the requirement that the state records administrator approve purchases of file cabinets.

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