§ 5A-8-3 — Definitions

West Virginia § 5A-8-3

• Jurisdiction: West Virginia
• Ch. 5A: DEPARTMENT OF ADMINISTRATION
• Art. 8: PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT

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As used in this article:

“Agency” means any department, office, commission, board, or other unit, however designated, of the executive branch of state government.

“Agency Records Manager” means an employee appointed by the agency’s chief executive officer or agency head to manage the agency’s records inventory and to act as liaison with the administrator.

“Disaster” means any occurrence of fire, flood, storm, earthquake, explosion, epidemic, riot, sabotage, or other condition of extreme peril resulting in substantial damage or injury to persons or property within this state, whether such occurrence is caused by an act of God, nature, or man, including an enemy of the United States.

“Local record” means a record of a county, city, town, authority, or any public corporation or political entity whether organized and existing under charter or under general law unless the record is designated or treated as a state record under state law.

“Preservation duplicate” means a copy of an essential state record which is used for the purpose of preserving such state record pursuant to this article.

“Record” means document, electronic file, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official state government business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in this article.

“State record” means:

(A) A record of a department, office, commission, board, spending unit, or other agency, however designated, of the state government.

(B) A record of the State Legislature.

(C) A record of any court of record, whether of statewide or local jurisdiction.

(D) Any record designated or treated as a state record under state law.

Legislative History

2020 Reg. Sess., SB576; 1990 Reg. Sess., SB320; 1974 Reg. Sess., SB79; 1970 Reg. Sess., HB757