§5A-8-20. Alternate storage of state records


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 A- 8 - 20

§5A-8-20. Alternate storage of state records.

     (a) Findings and purpose. -- The Legislature finds that

continuous advances in technology have resulted and will continue

to result in the development of alternate formats for the

nonerasable storage of state records, and that the use of such

alternative storage formats, where deemed advisable, promote the

efficient and economical administration of government and provide

a means for the preservation of valuable records that are subject

to decay or destruction. It is the purpose of the Legislature to

authorize the storage of state records in those alternate formats,

as may be determined by the various branches of the government of

this state, that will reasonably ensure that the originals of those

records are copied into alternative formats in a manner in which

the image of the original records is not erased or altered, and

from which true and accurate reproductions of the original state

records may be retrieved.

     (b) Approved format. -- (1) In addition to those formats,

processes and systems described in section ten of this article,

sections seven-a and seven-c, article one, chapter fifty-seven of

this code, and section twelve, article five of that chapter which

are otherwise authorized for the reproduction of state records, a

preservation duplicate of a state record may be stored in any

approved format where the image of the original state record is

preserved in a form in which the image thereof is incapable of

erasure or alteration, and from which a reproduction of the stored state record may be retrieved which truly and accurately depicts

the image of the original state record.

     (2) As a substitute for using medium that is incapable of

erasure or alteration, a preservation duplicate of a state record

may be stored on other electronic storage medium or other medium

capable of storing digitized documents if:

     (A) The medium is stored to maximize its life by minimizing

exposure to environmental contaminants;

     (B) At least two copies of the preservation duplicate are made

and one copy is stored in an off-site location; and

     (C) A procedure is established and followed which ensures

that:

     (i) Modifications in the archiving process are made as

technology changes so that the preservation duplicates are readily

accessible, which may include migrating the preservation duplicates

to different medium or different file formats; and

     (ii) The medium is periodically examined to determine if the

preservation duplicates remain readable and intact.

     (c) Executive agency records. -- (1) The alternate formats for

the storage of state records described in this section are

authorized for the storage of the state records of any agency of

this state. The state records administrator shall establish a

procedure for executive agencies to follow implementing the

provisions of subsection (b) of this section by July 1, 2013. The

procedure shall include, at a minimum, the identification of examples of medium and accompanying procedures to be followed for

executive agencies when making preservation duplicates of state

records on medium readily available, other than microfilm or

microfiche.

     (2) Upon creation of a preservation duplicate from which a

reproduction of the stored state record may be retrieved which

truly and accurately depicts the image of the original state

record, the state records administrator may destroy or otherwise

dispose of the original in accordance with the provisions of

section seventeen of this article for the destruction of records.

     (d) Judicial records. -- (1) Except for those formats,

processes and systems used for the storage of state records on the

effective date of this section, no alternate format for the storage

of state records described in this section is authorized for the

storage of the state records of any court of this state unless the

particular format has been approved by the Supreme Court of Appeals

by rule. This section does not prohibit the Supreme Court of

Appeals from prohibiting the use of any format, process or system

used for the storage of judicial state records upon its

determination that the same is not reasonably adequate to preserve

the state records from destruction, alteration or decay.

     (2) Upon creation of a preservation duplicate which stores an

original judicial state record in an approved format from which a

reproduction of the stored state record may be retrieved which

truly and accurately depicts the image of the original state record, the court or the clerk thereof creating the same may,

consistent with rules of the Supreme Court of Appeals, destroy or

otherwise dispose of the original in accordance with the provisions

of section seven, article one, chapter fifty-seven of this code for

the destruction of records.

     (e) Legislative records. -- In accordance with all applicable

provisions of the West Virginia Constitution, the procedures for

the storage and destruction of legislative records shall be

determined by each house, or by a joint rule.

     (f) Upon request and payment of a reasonable cost, one copy of

any state record archived or preserved pursuant to the provisions

of this article shall be provided to any person or entity:

Provided, That the person or entity that has produced the state

record may receive one copy without charge. For the purpose of

this subsection "state record" means electronic record created and

maintained by state agencies.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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