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
SB 461
Patron: Jeannemarie
D.
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
Telephone: 804-692-3554
Fax:
804-692-3603
E-mail: [log in to unmask]
********************