West Virginia Code § 5A-8-11

Essential state records – Safekeeping
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(a) The administrator shall prescribe a manner of safekeeping of essential state records and
preservation duplicates and may establish, with the approval of the Legislature, storage
facilities therefor. The administrator may provide for physical storage outside the state or
electronic storage.
(b) When in the opinion of the administrator the legally designated or customary location of
an essential state record is such that the essential state record may be destroyed or
unavailable in the event of a disaster:
(1) The agency with custody of the essential state record shall store a preservation duplicate
at another location and permit such state record to remain at its legally designated or
customary location; or
(2) The agency shall store such state record at a location other than its legally designated or
customary location and deposit at the legally desiglnated or customary location a
preservation duplicate for use in lieu of the stsate record; or
(3) The agency may store such state recordi at a location other than its legally designated or
customary location, without providing for a preservation duplicate, upon a determination
that it is impracticable to provide for a preservation duplicate and that the state record is
not frequently used. Such determination shall be made by the administrator and the
regularly designated custodian of such state record, but if they disagree the determination
shall be made by the administrator.
(c) The requirements of subsection (b) of this section shall not prohibit the administrator
from removing an es sential state record or preservation duplicate from the legally
designated orV customary location of the state record if a disaster has occurred or is
imminent.

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