Dear List Members,
Governor Kaine's proposed amendments to SB 461 were approved on April 19th. This bill originally required the disposal of
records within six months of the expiration of the retention period and required
the Librarian of Virginia to report annually on records
destruction.
The legislation approved by the General Assembly deletes these
provisions and changes the language of
42.1-86.1 B to read:
Each
agency shall ensure that records created after July 1, 2006 and
authorized to be destroyed or discarded in accordance with subsection
A, are destroyed or discarded in a timely manner in accordance with the
provisions of this chapter; provided, however, such records that contain
identifying information as defined in clauses (iii) through (ix), or clause
(xii) of subsection C of § 18.2-186.3, shall be destroyed
within six months of the expiration of the records retention
period.
The
reference to 18.2-186.3 describes "identifying information" such
as
(iii) social
security number; (iv) driver's license number; (v) bank account numbers; (vi)
credit or debit card numbers; (vii) personal identification numbers (PIN);
(viii) electronic identification codes; (ix) automated or electronic
signatures; (xii) passwords;
contained in records that
"shall be destroyed" within six months of the expiration of the retention
period. The legislation becomes effective
July 1, 2006.
Please alert offices in your agencies that create
records containing "identifying information" of the new requirements for the
timely disposal of such records.