ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 592

(By Senators Tomblin, Mr. President, and Sprouse, By

Request of the Executive)

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[Originating in the Committee on Government Organization;

reported February 28, 2000.]

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A BILL to amend and reenact section six, article eight, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating a records management and preservation board; qualifications and appointment of members; expense reimbursement; staffing; rule- making authority; study of records management needs of state agencies; and termination.

Be it enacted by the Legislature of West Virginia:
That section six, 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-8-6. Records management and preservation board created; qualifications and appointment of members; reimbursement of expenses; staffing; rule-making authority; study of records management needs of state agencies; termination of board.

(a)(1) There is hereby created a records management and preservation advisory committee is continued within the department of administration, to advise the administrator and to perform such other duties as this article requires board, to be composed of eleven members. The records management and preservation advisory committee shall be composed of the following members: The governor, auditor, attorney general, president of the senate, speaker of the house of delegates, the chief justice of the supreme court of appeals, a judge of a circuit court to be appointed by the governor, the director of the office of emergency services, and the director of the section of archives and history of the division of culture and history, or their respective designated representatives. The advisory committee shall designate one of its members to be chairman, and it shall adopt rules for the conduct of its business. The advisory committee shall meet whenever called by its chairman or the administrator.
(2) Three members shall serve ex officio. One member shall be the commissioner of the division of culture and history. One member shall be the administrator of the supreme court of appeals. The commissioner of the division of culture and history and the administrator of the supreme court of appeals shall serve as co- chairs of the board. One member shall be the administrator of the governor's office of technology or his or her designee.
(3) The governor shall appoint eight members of the board with the advice and consent of the Senate. Not more than five appointments to the board may be from the same political party and not more than three members may be appointed from the same congressional district.
(i) Three appointments shall be county elected officials, one of whom shall be a clerk of the county commission, one of whom shall be a circuit court clerk and one of whom shall be a county commissioner, to be selected from a list of nine names, including the names of three clerks of county commissions and three circuit court clerks submitted to the governor by the West Virginia association of counties and the names of three county commissioners, submitted to the governor jointly by the West Virginia association of counties and the West Virginia county commissioners association;
(ii) One appointment shall be a municipal elected official selected from a list of three names submitted by the municipal league of this state;
(iii) Two appointments shall be attorneys licensed in West Virginia and in good standing as members of the state bar, one having experience in mineral title examination and one having experience in real estate title examination, to be selected from a list of six names submitted by the state bar;
(iv) Two appointments shall be members of the general public, one being a representative of a local historical or genealogical society;
(b) The members of the advisory committee shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as members of the advisory committee; except that in the event the expenses are paid, or are to be paid, by a third party, the member shall not be reimbursed by the state.
(c) The staff of the board shall consist of the director of the archives and history section of the division of culture and history and such staff as he or she may designate to assist him or her.
(d) On or before the first day of July, two thousand one, the board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish a system of records management and preservation for counties and municipalities: Provided, That, for the retention and disposition of records of courts of record and magistrate courts, the implementation of the rule is subject to action of the West Virginia supreme court of appeals.
(e) On or before the first day of April, two thousand two, the board, in cooperation with state agencies under the general authority of the governor, shall conduct a study of the records management and preservation needs of the state agencies. Should the board determine a need for a uniform records management and preservation system for agencies, it shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for the staged implementation of a uniform records management and preservation system for state agencies.
(f) The board shall terminate on the first day of July, two thousand two, pursuant to the provisions of article ten, chapter four of this code.