Conley,
Please add my view which I think reflects that of most Records Managers
throughout the State, that the issue of retaining records beyond the
retention periods due to audits and litigation holds is covered by the
"in accordance with the provisions of this chapter". Ginny's point is
well taken.  There is potentially a very serious impact on LVA with the
possible demand for developing locality and state agency specific
schedules to reflect the differing opinions as to the
administrative/business value of the records on the general schedules.
Jerry Palmer
Virginia Tech
University Records Manager
600 Country Club Blvd. 0522
Blacksburg, VA 24061

	
         

________________________________

        From: Jones, Virginia [mailto:[log in to unmask]] 
        Sent: Wednesday, February 08, 2006 
        To: [log in to unmask]
        Subject: Re: SB 461/ HB 959
	
	

        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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