H. B. 2572


(By Mr. Speaker, Mr. Kiss (By Request))

[Introduced February 27, 2001 ; referred to the

Committee on Political Subdivisions then the Judiciary.]





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 authorizing optical image media preservation of certain county records; permitting use of CD-ROM technology; requiring consideration be given to newer forms of electronic media data storage; and requiring at least one back-up copy of county records be stored off-site.

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.

§57-1-7c. Use of microfilm or microcards or optical image storage media to reproduce and preserve records; destruction or transfer of originals to archivist.

(a) 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, CD-ROM or optical storage utilizing nonerasable write once read many optical image media, 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, CD-ROM or optical image media instead of in well-bound books or instead of by any other method heretofore prescribed by law: Provided, That any storage media utilized may not allow changes to stored documents upon preservation.
(b) Such The photographic microfilm, CD-ROM, optical image storage media and microcards shall be of durable material and possess good, archival qualities. The device used to reproduce such records on such the film, and cards, CD-ROM or optical storage media shall be one which accurately reproduces the original thereof in all details Such photographic microfilm and microcards and shall be deemed 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, 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.
(c) Such photographic microfilm, CD-ROM, optical image storage media and microcards shall be put in convenient, accessible fireproof files and adequate provision shall be made for preserving, examining and using the same. At a minimum, at least one back-up copy of county records shall be stored off-site. A new back-up copy shall be made after no more than eighty percent of the effective shelf life of the storage media used has passed since the back-up copy or copies were made.
(d) 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 or her 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, 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.
(e) Upon the written request of the director, given to the court or clerk thereof within ten days of receipt of said 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.
(f) Notwithstanding the form in which the data is stored, the county official or officials shall, from time to time, give consideration to utilizing new forms of electronic media storage, if to do so presents an economical alternative to the current means of record storage.

NOTE: The purpose of this bill is to authorize optical image media preservation of certain county records and CD-ROM technology for storage of county records. The bill requires that consideration be given to newer forms of electronic media data storage and requires that at least one back-up copy of county records be stored off-site.

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