Senate Bill No. 455
(By Senator Buckalew)
[Introduced February 10, 1998; referred to the
Committee on Government Organization.]
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
NOTE: The purpose of this bill is to delete the requirement
that the state records administrator approve purchases of file
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.