Conley:
I understand the Senate has passed SB461 as amended and has communicated
it to the House. It appears the companion bill HB959 is still in the
General Laws subcommittee. This bill raises a serious issue regarding
determining and applying administrative value (business process
requirements) to the retentions set by the General Schedules and how to
handle destruction holds due to audits, possible legal issues, etc. If
passed, one of two things will have to happen - 1) LVA will have to
reinstate the process of reviewing and approving exceptions to the
General Schedules through established agency-specific and
locality-specific records retention schedules, or 2) LVA will have to
expand the General Schedules to include all administrative values as
identified by localities and agencies. Both options require more
resources than are currently available at LVA. The impact statements
filed with both bills say there is no fiscal impact. This is only true
if the original bill passes and not the amended bill.
B. Each agency shall ensure that records authorized to be destroyed or
discarded in accordance with subsection A, are destroyed or discarded [
in a timely manner within six months of the expiration of the record's
retention period ] in accordance with the provisions of this chapter. [
All records previously authorized to be destroyed must be destroyed by
July 1, 2007. ]
01/30/06 Senate: Engrossed by Senate as amended SB461E
01/30/06 Senate: Printed as engrossed 069822726-E
01/31/06 Senate: Read third time and passed Senate (37-Y 0-N)
01/31/06 Senate: Communicated to House
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
[log in to unmask]
________________________________
From: Virginia Records Officer's Listserv
[mailto:[log in to unmask]] On Behalf Of Conley Edwards
Sent: Friday, January 27, 2006 4:21 PM
To: [log in to unmask]
Subject: SB 461/ HB 959
List members,
The following is posted for your information and possible interest. The
proposed legislation did not emerge from the recent joint subcommittee
studying the Virginia Public Records Act. The bill reportedly is
intended to address the possibility of identity theft from records with
personal information that remain in offices longer than required by
retention schedules.
The companion bill is HB 959.
HB 959 is on the docket for Tuesday, January 31 at 7 AM, the 7th floor
West Conference Room of the General Assembly Building.
SB 461 Virginia Public Records Act; timely destruction of records.
Patron: Jeannemarie D. Davis
Provides that each agency shall ensure that records authorized to be
destroyed or discarded under the Virginia Public Records Act, are
destroyed or discarded in a timely manner in accordance with the
provisions of the Virginia Public Records Act. (House companion bill is
HB 959)
01/11/06 Referred to Committee on General Laws and Technology
01/25/06 Senate: Reported from General Laws and Technology with
amendments (14-Y 0-N)
(Amendments replace "in a timely manner" with phrase within six months
of the expiration of the record's retention period and adds All records
previously authorized to be destroyed must be destroyed by July 1,
2007.)
********************
Conley L. Edwards
State Archivist
Library of Virginia
800 East Broad Street
Richmond, VA 23219
Telephone: 804-692-3554
Fax: 804-692-3603
E-mail: [log in to unmask]
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