Message

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 7^th 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]

********************