Senate Bill No. 470
(By Senator Snyder)
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[Introduced February 9, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section seven-c, article one, chapter
fifty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the inclusion of
nonerasable optical image disks as an approved records- retention technique when considering disposal of or transfer
of original records to archivist.
Be it enacted by the Legislature of West Virginia:
That section seven-c, article one, chapter fifty-seven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1. LEGISLATIVE ACTS AND RESOLUTIONS; PUBLIC RECORDS.
ยง57-1-7c. Use of microfilm or microcards or nonerasable optical
image disks to reproduce and preserve records; destruction or transfer of originals to archivist.
The clerk of any court of record of the state may, with the
approval of the court for which he or she is clerk, cause any or
all records, papers, plats, or other documents kept by him or her
to be reproduced on photographic microfilm or microcards or
nonerasable optical image disks (commonly referred to as compact
disks) and may, with the approval of the court for which he or
she is clerk, record, keep and preserve any and all records,
papers, plats, or other documents required by the laws of this
state to be recorded or kept by said clerk or court exclusively
upon photographic microfilm or microcards or nonerasable optical
image disks instead of in well-bound books or instead of by any
other method heretofore prescribed by law.
Such photographic microfilm and microcards or nonerasable
optical image disks shall be of durable material and possess
good, archival qualities. The device used to reproduce such
records on such film, and cards and compact disks shall be one
which accurately reproduces the original thereof in all details.
Such photographic microfilm and microcards or nonerasable optical image disks shall be deemed are considered to be an
original record for all purposes, including introduction into
evidence in all courts or administrative agencies. A transcript,
exemplification, or photographic reproduction thereof shall are,
when properly authenticated by the clerk of such court, be deemed
considered for all purposes to be a transcript, exemplification,
or certified copy of the original.
Such photographic microfilm and microcards or nonerasable
optical image disks shall be put in convenient, accessible
fireproof files and adequate provision shall be made for
preserving, examining and using the same.
Any such records, papers, plats, or other documents not held
for others by said clerk or court or required by law to be
delivered to some other person, court, corporation or agency, may
with the approval of the court keeping such records, papers,
plats, or other documents be destroyed; but before any such
records, papers, plats or other documents are authorized to be
destroyed the court keeping them or the clerk thereof shall
obtain the advice and counsel of the state historian or
archivist, or his designated representatives, as to the desirability of placing the said records, papers, plats, or other
documents in the department of archives and history. However,
prior to destroying or otherwise disposing of the same documents,
the court or clerk thereof shall give written notice of the
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 court or clerk thereof
within ten days of receipt of said the notice, the court or clerk
thereof shall retain the original record for a period of thirty
days. In the event the director fails to retrieve the original
document from the court or clerk thereof within the thirty-day
period, the court or clerk thereof may destroy or otherwise
dispose of the original without further notice to the director.
NOTE: The purpose of this bill is to include nonerasable
optical image disks (commonly referred to as compact disks) as an
approved records-retention technique when considering disposal of
or transfer of original records to archivist.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.