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Chapter 5     Entire Code
‹ Chapter 04  |  Chapter 05A › Printer Friendly Versions
Chapter 5  |  Article 5 - 2  |  Section 2

1 - THE GOVERNOR

1A - ITEMIZATION OF PROPOSED APPROP

1B - CHIEF TECHNOLOGY OFFICER

1C - SCIENCE AND TECHNOLOGY COUNCIL

1D - GOVERNOR'S OFFICE OF FISCAL RI

1E - HEALTHY WEST VIRGINIA PROGRAM

2 - SECRETARY OF STATE
    5 - 2 - 1
    5 - 2 - 2
    5 - 2 - 3

3 - ATTORNEY GENERAL

4 - BOARD OF PUBLIC WORKS

5 - SALARY INCREASE FOR STATE EMPLO

6 - STATE BUILDINGS

7 - SOCIAL SECURITY AGENCY

8 - PUBLIC RECORDS MANAGEMENT AND P

9 - DEPARTMENT OF COMMERCE

10 - WEST VIRGINIA PUBLIC EMPLOYEE

10A - DISQUALIFICATION FOR PUBLIC

10B - GOVERNMENT EMPLOYEES DEFERRE

10C - GOVERNMENT EMPLOYEES RETIREM

10D - CONSOLIDATED PUBLIC RETIREME

11 - HUMAN RIGHTS COMMISSION

11A - WEST VIRGINIA FAIR HOUSING A

11B PREGNANT WORKERS' FAIRNESS AC

12 - WEST VIRGINIA ANTIQUITIES COM

13 - PUBLIC EMPLOYEES' AND TEACHER

14 - WEST VIRGINIA COMMISSION FOR

14A - WEST VIRGINIA INTERPRETER FO

15 - WHITE CANE LAW

16 - WEST VIRGINIA PUBLIC EMPLOYEE

16A - THE WEST VIRGINIA HEALTH CAR

16B - WEST VIRGINIA CHILDREN'S HEA

16C - PRESCRIPTION DRUG COST MANAG

16D - WEST VIRGINIA RETIREMENT HEA

17 - WEST VIRGINIA COMMISSION ON E

18 - WEST VIRGINIA CABLE TELEVISIO

18A - TENANTS' RIGHTS TO CABLE SER

19 - DOMESTIC ALUMINUM, GLASS AND

20 - THE GOVERNOR'S COMMISSION ON

21 - ENERGY COST REDUCTION GUIDELI

22 - GOVERNMENT CONSTRUCTION CONTR

22 A - WEST VIRGINIA MUNICIPAL POL

22A - DESIGN-BUILD PROCUREMENT ACT

23 - COMMISSION ON MASS TRANSPORTA

24 - WEST VIRGINIA FOREST MANAGEME

25 - RESIDENT TRUSTEE ACCOUNTS

26 - GOVERNOR'S CABINET ON CHILDRE

26 - HERBERT HENDERSON OFFICE OF M

26A - WEST VIRGINIA COMMISSION FOR

27 - SEVERABILITY

28 - COMMISSION ON HOLOCAUST EDUCA

29 - EXPEDITIOUS ISSUANCE OF LICEN

WVC 5- CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
WVC -2- ARTICLE 2. SECRETARY OF STATE.

WVC 5-2-1 §5-2-1. General duties.
The secretary of state shall be the keeper of the seals of the state, keep a journal of executive proceedings, arrange and preserve all records and papers belonging to the executive department, be charged with the clerical duties of that department, and render to the governor, in the dispatch of the executive business, such service as he may require.

WVC 5-2-2 §5-2-2. Authority to administer oaths.
Where any oath may lawfully be taken within the state, it may be administered by the secretary of state, unless otherwise provided by law.

WVC 5 - 2 - 3 §5-2-3. Retention and preservation of records of the secretary of state; destruction of records.
(a) The secretary of state shall provide for the storage and retention of those essential records, as defined in section four, article eight, chapter five-a of this code, filed in the office of the secretary of state for the period specified by law or legislative rule. The secretary of state shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code identifying the essential records and providing for the minimum retention period.

(b) Where a preservation duplicate, as defined in section three, article eight, chapter five-a of this code, is made of a record filed with the secretary of state by photography, microphotography, digital imaging or other electronic means which accurately reproduces and preserves the record on microfilm, microfiche, optical disks or other unalterable electronic storage medium which complies with national standards or nationally accepted practice for permanent archival storage, the secretary of state may provide for the destruction of the original paper copy when the following conditions are met:

(1) The preservation duplicate has been created, reviewed for quality, indexed in a reasonable manner as provided by the secretary of state and determined to be accessible by means of the index;

(2) An additional archive copy of the preservation duplicate has been created and stored in a fireproof, secure storage location; and

(3) The original paper copy has been preserved for at least three months following the creation of the preservation duplicate.

(c) The original copies of the papers of the governor, including executive orders, proclamations, appointments, pardons and other documents signed by the governor, shall be retained permanently, regardless of whether a preservation duplicate has been created.

(d) The secretary of state shall have authority to determine the retention period for nonessential records.

(e) The secretary of state may, upon mutual agreement with the director of the division of archives and history, transfer to the division of archives and history those records of the secretary of state as may be identified as having primarily historic value in order to make those records more available for purposes of research.

(f) Following the expiration of the required retention period, the destruction of confidential original records shall be conducted in a manner designed to protect the secrecy of those records.

(g) Nothing in this section shall be deemed to require the secretary of state to destroy original records immediately upon the expiration of the retention period.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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