reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-2. Definitions

As used in this article:
"Information systems" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
"Information technology" means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.
"Technology services" means professional services designed to provide functions, maintenance, and support of information technology devices, or services including, but not limited to, computer systems application development and maintenance; systems integration and interoperability; operating systems maintenance and design; computer systems programming; computer systems software support; planning and security relating to information technology devices; data management consultation; information technology education and consulting; information technology planning and standards; and establishment of local area network and workstation management standards.
"Telecommunications" means the preparation, transmission, communication, or related processing of information by electrical, electromagnetic, electromechanical, electro-optical, or electronic means.
"Chief Information Officer" means the person holding the position created in 5A-6-3 of this code and vested with authority to oversee state spending units in planning and coordinating information systems that serve the effectiveness and efficiency of the state and individual state spending units, and further the overall management goals and purposes of government:
Provided
, That reference to "Chief Technology Officer" in other articles of this code shall mean "Chief Information Officer".
"Technical infrastructure" means all information systems, information technology, information technology equipment, telecommunications, and technology services as defined in this section.
"Technology project" means a project where technology is a significant component and is either valued at $250,000 or more, or will involve sensitive or restricted data.
"Steering committee" means an internal agency oversight committee established jointly by the Chief Information Officer and the agency proposing the project, which shall include representatives from the Office of Technology and at least one representative from the agency proposing the project.
"Technology portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-3. Office of Technology; Chief Information Officer; Appointment and Qualifications; Continuation of Special Fund

(a) The Office of Technology is created within the Department of Administration, to be led by a Chief Information Officer, who shall be appointed by and serve at the will and pleasure of the Governor. The Chief Information Officer shall have knowledge in the field of information technology, experience in the design and management of information systems, and an understanding of the special demands upon government with respect to budgetary constraints, the protection of privacy interests, and federal and state standards of accountability.
(b) There is hereby continued in the State Treasury a special account to be known as the Chief Technology Officer Administration Fund. All fees collected by the Chief Information Officer pursuant to this article shall be deposited into the fund. Expenditures from the fund shall be made by the Chief Information Officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of 12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in 11B-2-1
et seq
. of this code:
Provided
, That the provisions of 11B-2-18 of this code do not operate to permit expenditures in excess of the spending authority provided by the Legislature.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-4b. Project Management Duties of the Chief Information Officer; Establishment of the Project Management Office and Authority of the Project Management Office

(a) The Chief Information Officer is authorized to:
(1) Implement an approval process for technology projects proposed by state agencies to ensure that all technology projects conform to the statewide strategic plan and the overall technology strategy of the agency;
(2) Establish a methodology for conceiving, planning, scheduling, and providing appropriate oversight for technology projects, including oversight for the projects and a process for approving the planning, development, and procurement of technology projects; and
(3) Establish steering committees as needed to oversee technology projects.
(b) The Chief Information Officer shall create a Project Management Office within the Office of Technology. The Project Management Office shall:
(1) Implement the approval process for technology projects;
(2) Review technology project proposals submitted by agencies and recommend to the Chief Information Officer the approval of the proposals and any amendments thereto pursuant to 5A-6-4c of this code;
(3) Monitor the implementation of technology projects and periodically report findings to the Chief Information Officer;
(4) Implement technology portfolio management to assist the Chief Information Officer with aligning investment in technology with strategic goals of the state. The standard by which the projects within the technology portfolio will be evaluated are:
(A) Total cost of the project;
(B) Public or citizen interface with the project or number of people affected by the project;
(C) Whether the project is operationally critical to the agency.
(5) Provide oversight for technology projects; and
(6) Establish minimum qualifications and training standards for project managers.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-4c. Technology Project Proposals and the Establishment of Steering Committees

(a) Prior to proceeding with a technology project, a state agency shall submit a project proposal to the Project Management Office, outlining the business case, the proposed technology solution, if known, and an explanation of how the project will support the agencys business objective and the states strategic plan for information technology. The Project Management Office may require the submission of additional information as needed to adequately review any proposal.
(b) The Project Management Office shall make recommendations on proposed projects to the Chief Information Officer for final disposition:
Provided
, That the Chief Information Officer may delegate approval authority.
(c) If the Chief Information Officer deems necessary, a steering committee may be appointed to:
(1) Provide ongoing oversight for the technology project;
(2) Have the authority to approve or reject any changes to the projects scope, schedule, or budget;
(3) Develop any necessary solicitation for the technology project; and
(4) Finalize data necessary for inclusion of the project in the technology portfolio.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-4d. Responsibilities of the Chief Information Officer to Implement Information Technology Modernization

(a) For the purposes of this section, "cloud computing service" means a service that enables on demand self-service network access to a shared pool of configurable computer resources including, but not limited to, data storage, analytics, electronic commerce, streaming services, mobile services, electronic mail, document sharing, and document editing which can be rapidly provided and released with minimal management effort or service provider interaction.
(b) The Chief Information Officer shall develop a comprehensive strategy and implement standards for the procurement, adoption, and utilization of cloud computing services by the state and its agencies. In developing the strategy, the Chief Information Officer may consult with other relevant state or federal agencies and relevant private sector stakeholders.
(c) When implementing the comprehensive strategy described in subsection (b) of this section, the Chief Information Officer may:
(1) Consider activities that accelerate the development of standards addressing interoperability and portability of cloud computing services in collaboration with private sector stakeholders;
(2) Consider activities that advance the development of conformance testing to be performed by private sector stakeholders to support cloud computing standardization;
(3) Consider activities that support the development of appropriate security and architecture frameworks in consultation with private sector stakeholders; and
(4) Identify modern security control best practices to address security and privacy requirements, and to enable the use and adoption of cloud computing services, including practices defined in National Institute of Standards and Technology, Federal Risk and Authorization Management Program, and any equivalent state program adopted in West Virginia.
(d) Beginning on December 1, 2023, and on December 1 of each year after, the Chief Information Officer shall report annually the status of the states comprehensive strategy described in subsection (b) of this section to the Joint Committee on Government and Finance and to the Governor. To assist in the creation of the report, all relevant state agencies shall cooperate with the Chief Information Officer and provide any information required by the Chief Information Officer in an accurate and timely manner.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-4e. Digitization of State Forms

(a)(1) All state agencies shall explore existing paper-based forms and applications so that said forms and applications can be made conveniently available to state residents.
(2) The Chief Information Officer may work collaboratively with private sector vendors to establish contracts and services to enable state agencies in modernizing government services to be delivered through a digital media.
(3) The Chief Information Officer shall work with all state agencies to ensure that all paper-based forms and applications are made available to state residents through digital media by no later than July 1, 2025.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-5. Notice of Request for Proposals by State Spending Units Required to Make Purchases Through the State Purchasing Division

Any state spending unit that pursues an information technology purchase that does not meet the definition of "technology project" and that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall obtain the approval of the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its information technology and telecommunication systems. The proposal shall contain a brief description of the goods and services to be purchased. The state spending unit shall provide the proposal to the Chief Information Officer prior to the time it submits its request for proposal to the state Purchasing Division.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-6. Notice of Request for Proposals by State Spending Units Exempted From Submitting Purchases to the State Purchasing Division

(a) Any state spending unit that is not required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall notify the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its information technology or telecommunication systems. The proposal shall contain a detailed description of the goods and services to be purchased. The state spending unit shall provide the proposal to the Chief Information Officer a minimum of 10 days prior to the time it requests bids on the provision of the goods or services.
(b) If the Chief Information Officer evaluates the suitability of the information technology and telecommunication equipment and related services under the provisions of 5A-6-4(a) of this code and determines that the goods or services to be purchased are not suitable, he or she shall, within 10 days of receiving the notice from the state spending unit, notify the state spending unit, in writing, of any recommendations he or she has regarding the proposed purchase of the goods or services. If the state spending unit receives a written notice from the Chief Information Officer within the time period required by this section, the state spending unit shall not put the goods or services out for bid less than 15 days following receipt of the notice from the Chief Information Officer.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-8. Exemptions

(a) The provisions of this article do not apply to the Legislature, the judiciary, or any state Constitutional Officer designated in 6-7-2 of this code.
(b) Notwithstanding any other provision of this article to the contrary, the provisions of this article do not apply to the West Virginia Board of Education, the West Virginia Department of Education, the county boards of education, the higher educational institutions, or the West Virginia Emergency Management Division of the Department of Homeland Security relating to the technology used with the Statewide Interoperable Radio Network, created by 15-14-1
et seq
. of this code. However, the West Virginia Board of Education, the West Virginia Department of Education, the county boards of education, and the institutions of higher education shall cooperate and collaborate with the Chief Information Officer to the extent feasible.
(c) The Governor may by executive order exempt from the provisions of this article any entity created and organized to facilitate the public and private use of health care information and the use of electronic medical records throughout the state.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-1. West Virginia Cybersecurity Office; Scope; Exemptions

(a) There is hereby created the West Virginia Cybersecurity Office within the Office of Technology. The office has the authority to set standards for cybersecurity and is charged with managing the cybersecurity framework.
(b) The provisions of this article are applicable to all state agencies, excluding higher education institutions, the State Police, state constitutional officers identified in §6-7-2 of this code, the Legislature and the Judiciary.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-2. Definitions

As used in this article:
"Cybersecurity framework" means computer technology security guidance for organizations to assess and improve their ability to prevent, detect, and respond to cyber incidents.
"Cyber incident" means any event that threatens the security, confidentiality, integrity, or availability of information assets, information systems, or the networks that deliver the information.
"Cyber risk assessment" means the process of identifying, analyzing and evaluating risk and applying the appropriate security controls relevant to the information custodians.
"Cyber risk management service" means technologies, practices and policies that address threats and vulnerabilities in networks, computers, programs and data, flowing from or enabled by connection to digital infrastructure, information systems or industrial control systems, including, but not limited to, information security, supply chain assurance, information assistance and hardware or software assurance.
"Enterprise" means the collective departments, agencies and boards within state government that provide services to citizens and other state entities.
"Information custodian" means a department, agency or person that has the actual custody of, or is responsible for the accountability for a set of data assets.
"Plan of action and milestones" means a remedial plan, or the process of accepting or resolving risk, which helps the information custodian to identify and assess information system security and privacy weaknesses, set priorities and monitor progress toward mitigating the weaknesses.
"Privacy impact assessment" means a procedure or tool for identifying and assessing privacy risks throughout the development life cycle of a program or system.
"Security controls" means safeguards or countermeasures to avoid, detect, counteract or minimize security risks to physical property, information, computer systems or other assets.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-3. Powers and Duties of Chief Information Security Officer; Staff; Rule-Making

(a) The West Virginia Cybersecurity Office is under the supervision and control of a Chief Information Security Officer appointed by the Chief Technology Officer and shall be staffed appropriately by the Office of Technology to implement the provisions of this article.
(b) The Chief Information Security Officer has the following powers and duties:
(1) Develop policies, procedures and standards necessary to establish an enterprise cybersecurity program that recognizes the interdependent relationship and complexity of technology in government operations and the nature of shared risk of cyber threats to the state;
(2) Create a cyber risk management service designed to ensure that officials at all levels understand their responsibilities for managing their agencies" cyber risk;
(3) Designate a cyber risk standard for the cybersecurity framework;
(4) Establish the cyber risk assessment requirements such as assessment type, scope, frequency and reporting;
(5) Provide agencies cyber risk guidance for information technology projects, including the recommendation of security controls and remediation plans;
(6) Assist agencies in the development of plans and procedures to manage, assist and recover in the event of a cyber incident;
(7) Assist agencies in the management of the framework relating to information custody, classification, accountability and protection;
(8) Ensure uniformity and adequacy of the cyber risk assessments;
(9) Notwithstanding the provisions of §5A-6B-1(b) of this code, enter into agreements with state government entities exempted from the application of this article or other political subdivisions of the state that desire to voluntarily participate in the cybersecurity program administered pursuant to this article;
(10) Develop policy outlining use of the privacy impact assessment as it relates to safeguarding of data and its relationship with technology; and
(11) Perform such other functions and duties as provided by law and as directed by the Chief Technology Officer.
(c) The Secretary of the Department of Administration shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement and enforce the provisions of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-4. Responsibilities of Agencies for Cybersecurity

State agencies and other entities subject to the provisions of this article shall:
(1) Undergo an appropriate cyber risk assessment as required by the cybersecurity framework or as directed by the Chief Information Security Officer;
(2) Adhere to the cybersecurity standard established by the Chief Information Security Officer in the use of information technology infrastructure;
(3) Adhere to enterprise cybersecurity policies and standards;
(4) Manage cybersecurity policies and procedures where more restricted security controls are deemed appropriate;
(5) Submit all cybersecurity policy and standard exception requests to the Chief Information Security Officer for approval;
(6) Complete and submit a cyber risk self-assessment report to the Chief Information Security Officer by December 31, 2020;
(7) Manage a plan of action and milestones based on the findings of the cyber risk assessment and business needs; and
(8) Submit annual reports to the Chief Security Information Officer no later than November 1 of each year beginning on November 1, 2023. The report shall contain an analysis and evaluation of each agency or entitys cybersecurity readiness, ability to keep user data safe, data classifications, and other steps that the agency or entity has taken towards information technology modernization that are consistent with the objectives of 5A-6-4d and 5A-6-4e of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-5. Exemption From Disclosure

Any information, including, but not limited to, cyber risk assessments, plans of action and milestones, remediation plans, or information indicating the cyber threat, vulnerability, information or data that may identify or expose potential impacts or risk to agencies or to the state or that could threaten the technology infrastructure critical to government operations and services, public safety or health is exempt from §29B-1-1 et seq. of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6B. Cyber Security Program › §5A-6B-6. Annual Reports

The Chief Information Security Officer shall annually, beginning on December 1, 2019, and on December 1 of each year thereafter, report to the Joint Committee on Government and Finance and to the Governor on the status of the cybersecurity program, including any recommended statutory changes. The report shall include a summary of each state agencys report submitted pursuant to 5A-6B-4 of this code regarding the agencys cybersecurity readiness and the agencys information technology modernization efforts.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6C. West Virginia Cyber Incident Reporting › §5A-6C-1. Definitions

As used in this article:
"Cybersecurity Office" means the office created by 5A-6B-1 of this code.
"Incident" or "cybersecurity incident" means a violation, or imminent threat of violation, of computer security policies, acceptable use policies, or standard security practices.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6C. West Virginia Cyber Incident Reporting › §5A-6C-2. Scope

This article applies to all state agencies within the executive branch, constitutional officers, all local government entities as defined by 7-1-1 or 8-1-2 of this code, county boards of education as defined by 18-1-1 of this code, the Judiciary, and the Legislature.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6C. West Virginia Cyber Incident Reporting › §5A-6C-3. Cyber Incident Reporting; When Required

(a) Qualified cybersecurity incidents shall be reported to the Cybersecurity Office before any citizen notification, but no later than 10 days following a determination that the entity experienced a qualifying cybersecurity incident.
(b) A qualified cybersecurity incident meets at least one of the following criteria:
(1) State or federal law requires the reporting of the incident to regulatory or law- enforcement agencies or affected citizens;
(2) The ability of the entity that experienced the incident to conduct business is substantially affected; or
(3) The incident would be classified as emergency, severe, or high by the U.S. Cybersecurity and Infrastructure Security Agency.
(c) The report of the cybersecurity incident to the Cybersecurity Office shall contain at a minimum:
(1) The approximate date of the incident;
(2) The date the incident was discovered;
(3) The nature of any data that may have been illegally obtained or accessed; and
(4) A list of the state and federal regulatory agencies, self-regulatory bodies, and foreign regulatory agencies to whom the notice has been or will be provided.
(d) The procedure for reporting cybersecurity incidents shall be established by the Cybersecurity Office and disseminated to the entities listed 5A-6C-2 of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6C. West Virginia Cyber Incident Reporting › §5A-6C-4. Cybersecurity Office Annual Report

(a) On or before December 31
of each year, and when requested by the Legislature, the Cybersecurity Office shall provide a report to the Joint Committee on Government and Finance containing the number and nature of incidents reported to it during the preceding calendar year. The report shall be transmitted to the members of the committee electronically and shall be sent to the legislative librarian to be posted on the legislative website. No hard copy of the report shall be issued; however, a member shall be provided a hard copy upon request.
(b) The Cybersecurity Office shall also make recommendations, if any, on security standards or mitigation that should be adopted.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-1. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:
(a) “Data-processing equipment” means: (1) Any equipment having stored program capabilities; (2) any equipment designed to handle electronic input-output devices; or (3) any other similar equipment specified by the director;
(b) “Director” means the director of the information services and communications division;
(c) “Division” means the Information Services and Communications Division established in section two hereof;
(d) “Secretary” means the secretary of the Department of Administration;
(e) “Telecommunications equipment” means: (1) Any equipment used in the transmission, emission or reception of signals, writings, images, sounds or other forms of communication by electromagnetic or visual means; or (2) any other similar equipment specified by the director.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-2. Division Created; Purpose; Use of Facilities; Rules and Regulations

There is hereby created the Information Services and Communications Division of the Department of Administration for the purpose of establishing, developing and improving data processing and telecommunication functions in the various state agencies, for promulgating standards in the utilization of data processing and telecommunication equipment and for promoting the more effective and efficient operation of all branches of state government. The facilities of the division shall be available, subject to rules and regulations established by the secretary, to the legislative, executive and judicial branches of state government. Such rules and regulations shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-3. Director; Appointment and Qualifications

The division shall be under the supervision and control of a director. The secretary shall appoint a director of the division. The director must have extensive knowledge in the principles and practices of administration, five years' experience in data processing and telecommunications operations and extensive knowledge of the procedures and techniques used in conducting highly complex systems analyses.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-4. Powers and Duties of Division Generally; Professional Staff; Telephone Service

(a) The division is responsible for providing technical services and assistance to the various state spending units with respect to developing and improving data processing and telecommunications functions. The division may provide training and direct data processing services to the various state agencies. The division shall, upon request of the Chief Technology Officer, provide technical assistance in evaluating the economic justification, system design and suitability of equipment and systems used in state government. The director shall report to the Chief Technology Officer.
(b) The director is responsible for the development of personnel to carry out the technical work of the division and may approve reimbursement of costs incurred by employees to obtain education and training.
(c) The director may assess each state spending unit for the cost of any evaluation of the economic justification, system design and suitability of equipment and systems used by the state spending unit or any other technical assistance that is provided or performed by the Chief Technology Officer and the division under the provisions of section four, article six of this chapter.
(d) The director shall transfer any moneys received as a result of the assessments that he or she makes under subsection (c) of this section to the Office of Technology. The director shall report quarterly to the Joint Committee on Government and Finance on all assessments made pursuant to subsection (c) of this section.
(e) The director shall maintain an accounting system for all telephone service to the state.
(f) The provisions of this article do not apply to the Legislature or the judiciary.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-7. Central Mailing Office Responsibilities

The director shall have the general charge and supervision of the central mailing office, and shall be responsible for its efficient administration. The director shall be required to: (1) Charge each spending unit of state government served by the central mailing office for providing such services; (2) keep proper account of the receipts and disbursements of the central mailing office; (3) render to the secretary a report each month showing the receipts and expenses of the central mailing office for the preceding month, and shall render such other reports as the secretary may require; (4) keep the central mailing office open during regularly stated hours to serve state spending units; and (5) provide rules and regulations for the efficient and prompt dispatch of the mail.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-8. Use of the Central Mailing Office

All state spending units having their offices in the capitol, except the legislative branch of government, shall dispatch all mail through the central mailing office: Provided, That mail prepared after gathering time and mail for special handling may be posted without utilizing the central mailing office upon approval of the director.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-9. Preparation of Mail for Special Rates

All mail received by the central mailing office shall be processed and presorted in order to receive the most favorable mailing rates, unless otherwise directed by the director. The director is authorized to make such expenditures as are necessary to process and presort all outgoing mail or to enter into contracts with any person, firm or corporation engaged in such business to supply the service.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 7. Information Services and Communications Division › §5A-7-10. Special Fund Created; Payments Into Fund; Charges for Services; Disbursements From Fund

For the operation of the division, there is hereby created in the state Treasury a special revolving fund to be known and designated as the “information services and communications fund.” This fund shall consist of appropriations made by the Legislature, funds transferred in accordance with the provisions of section four of this article, funds received for data processing, telecommunication and central mailing office services rendered to other agencies, departments, units of state and local government and any other entity, and funds received from the federal government or any agency or department thereof, which federal funds the division is hereby authorized to receive. Each agency, department, unit of state or local government or any other entity served by the Information Services and Communications Division, is hereby authorized and directed to transmit to the division for deposit in said special fund the charges made by the agency for data processing, telecommunication and central mailing office services rendered, such charges to be those fixed in a schedule or schedules prepared by the director and approved by the Governor. Disbursements from the fund shall be made in accordance with an approved expenditure schedule as provided by article two, chapter five-a of this code and shall be made under the direct supervision of the secretary.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-2. Declaration of Policy

The Legislature declares that programs for the efficient and economical management of state and local records will promote economy and efficiency in the day-to-day record-keeping activities of state and local government and will facilitate and expedite government operations; that records containing information essential to the operation of government and to the protection of the rights and interests of persons must be protected against the destructive effects of all forms of disaster and must be available when needed. It is necessary, therefore, to adopt special provisions for the selection and preservation of essential state and local records thereby providing for the protection and availability of such information.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-3. Definitions

As used in this article:
"Agency" means any department, office, commission, board, or other unit, however designated, of the executive branch of state government.
"Agency Records Manager" means an employee appointed by the agencys chief executive officer or agency head to manage the agencys records inventory and to act as liaison with the administrator.
"Disaster" means any occurrence of fire, flood, storm, earthquake, explosion, epidemic, riot, sabotage, or other condition of extreme peril resulting in substantial damage or injury to persons or property within this state, whether such occurrence is caused by an act of God, nature, or man, including an enemy of the United States.
"Local record" means a record of a county, city, town, authority, or any public corporation or political entity whether organized and existing under charter or under general law unless the record is designated or treated as a state record under state law.
"Preservation duplicate" means a copy of an essential state record which is used for the purpose of preserving such state record pursuant to this article.
"Record" means document, electronic file, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official state government business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in this article.
"State record" means:
(A) A record of a department, office, commission, board, spending unit, or other agency, however designated, of the state government.
(B) A record of the State Legislature.
(C) A record of any court of record, whether of statewide or local jurisdiction.
(D) Any record designated or treated as a state record under state law.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-4. Categories of Records to Be Preserved

State or local records which are within the following categories are essential records which shall be preserved pursuant to this article:
Category A. Records containing information necessary to the operation of government in the emergency created by a disaster.
Category B. Records not within category A but containing information necessary to protect the rights and interest of persons or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster.
Category C. Records with historical value justifying permanent retention.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-5. State Records Administrator

The Secretary of the Department of Administration is hereby designated the state records administrator, hereinafter called the administrator. The secretary may designate someone within the department to carry out the duties of the administrator. The administrator shall establish and administer in the Department of Administration of the executive branch of state government a records management program, which will apply efficient and economical management methods to the creation, utilization, maintenance, and retention, preservation, and disposal of state records; and shall establish and maintain a program for the selection and preservation of essential state records and shall advise and assist in the establishment of programs for the selection and preservation of essential local records.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-7. Duties of Administrator

The administrator shall, with due regard for the functions of the agencies concerned:
(a) Establish standards, procedures, and techniques for effective management of records;
(b) Make continuing surveys of document operations and recommend improvements in current records management practices including the use of space, technology, equipment, and supplies employed in creating, maintaining, storing, and servicing records;
(c) Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, legal, or fiscal value to warrant storage;
(d) Solicit input from agencies on essential records and data classification of information contained in the records. In accordance with the rules and regulations promulgated by the administrator, each agency that has custody or control of state records shall: (1) Inventory the state records in his or her custody or control; (2) submit to the administrator a report thereon containing such information as the administrator directs and containing recommendations as to which state records are essential; and (3) periodically review his or her inventory and his or her report and, if necessary, revise the report so that it is current, accurate, and complete; and
(e) Obtain reports from agencies as are required for the administration of the program.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-9. Duties of Agency Heads

The head of each agency shall:
(a) Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency;
(b) Designate and notify the administrator of an agency records manager to act as a point of contact between the administrator and the agency on issues related to management of the state records within the agencys control or custody;
(c) Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agencys activities;
(d) Submit to the administrator, in accordance with the standards established by him or her, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. Each agency records manager also shall submit lists of state records in custody of the agency that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant storage for disposal in conformity with the requirements of 5A-8-10 of this code;
(e) Designate those records of the agency that are essential state records, at least annually, and report the designated essential state records to the administrator;
(f) Provide for the preservation and safekeeping of essential state records in an appropriate manner;
(g) Cooperate with the administrator in the conduct of surveys made pursuant to the provisions of this article;
(h) Comply with the rules, regulations, standards, and procedures issued by the administrator; and
(i) First obtain the administrators written approval before purchasing or acquiring any equipment, technology, or supplies used or to be used to store or preserve records of the agency.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-10. Essential State Records Preservation Duplicates

(a) The agency head may make or cause to be made preservation duplicates or may designate as preservation duplicates existing copies of essential state records. A preservation duplicate shall be durable, accurate, complete, and clear, and a preservation duplicate made by means of photography, microphotography, photocopying, film, microfilm, electronic file, or digital image stored on unalterable media shall be made in conformity with the standards prescribed therefor by the administrator.
(b) A preservation duplicate made by a photographic, photostatic, microfilm, microcard, miniature photographic, electronic file, digital image, or other process which accurately reproduces or forms a durable and unalterable medium for so reproducing the original, shall have the same force and effect for all purposes as the original record whether the original record is in existence or not. A transcript, exemplification, or certified copy of such preservation duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified copy of the original record.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-11. Essential State Records Safekeeping

(a) The administrator shall prescribe a manner of safekeeping of essential state records and preservation duplicates and may establish, with the approval of the Legislature, storage facilities therefor. The administrator may provide for physical storage outside the state or electronic storage.
(b) When in the opinion of the administrator the legally designated or customary location of an essential state record is such that the essential state record may be destroyed or unavailable in the event of a disaster:
(1) The agency with custody of the essential state record shall store a preservation duplicate at another location and permit such state record to remain at its legally designated or customary location; or
(2) The agency shall store such state record at a location other than its legally designated or customary location and deposit at the legally designated or customary location a preservation duplicate for use in lieu of the state record; or
(3) The agency may store such state record at a location other than its legally designated or customary location, without providing for a preservation duplicate, upon a determination that it is impracticable to provide for a preservation duplicate and that the state record is not frequently used. Such determination shall be made by the administrator and the regularly designated custodian of such state record, but if they disagree the determination shall be made by the administrator.
(c) The requirements of subsection (b) of this section shall not prohibit the administrator from removing an essential state record or preservation duplicate from the legally designated or customary location of the state record if a disaster has occurred or is imminent.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-13. Essential State Records Confidential Records

Any agency subject to this article shall control and at all times be the owner of its records. When a state record is required by law to be treated in a confidential manner and is an essential state record, the agency, in effectuating the purpose of this article with respect to such state record, shall protect its confidential nature.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-14. Essential State Records Review of Program

The administrator shall review the program at least annually for the selection and preservation of essential state records designated by the agencies, including the classification of records and the provisions for preservation duplicates, and for safekeeping of essential state records or preservation duplicates to ensure that the purposes of this article are accomplished.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-16. Assistance to Legislative and Judicial Branches

Upon request, the records administrator shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of state government pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-17. Disposal of Records

(a) Except as provided in 57-1-7a of this code, no record shall be destroyed or otherwise disposed of by any agency of the state, unless it is determined by the administrator and the Director of Archives and History within the Department of Arts, Culture, and History that the record has no further administrative, legal, fiscal, research, or historical value. In the event the administrator is of the opinion that the record has no further administrative, legal, fiscal, research, or historical value, the administrator shall approve, if appropriate, a request for disposal of the records and notify both the Director of Archives and History and the agency that is the custodian of the records that they may be destroyed.
(b) The provisions of this section are not applicable to the judicial branch, the West Virginia House of Delegates, the West Virginia Senate, or the Joint Committee on Government and Finance.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-18. Destruction of Nonrecord Materials

Nonrecord materials or materials not included within the definition of records as contained in this article may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the administrator. The administrator may formulate procedures and interpretations to guide in the disposal of nonrecord materials.