Chapter 5A, Chapter 5A

In addition to the duties of persons appointed and qualified as security officers pursuant to section three, article four, chapter five-a of this code, to preserve law and order on any premises under the jurisdiction of the secretary to which may be assigned by the secretary, suc…

(a) It is the intent of the Legislature to provide a parking facility for the general public and to direct the secretary of the Department of Administration to plan and construct a parking garage at the state Capitol complex that will provide sufficient and additional parking exc…

(a) It is the intent of the Legislature to provide renovation and improvement of the existing state capitol building and the capitol complex and to direct the secretary of the Department of Administration to plan and make renovations and improvements of the existing state capitol…

There is hereby continued the Governor's mansion advisory committee within the Department of Administration. The secretary of administration or his designated representative, the commissioner of culture and history or his designated representative, and the spouse of any Governor …

There is hereby created the office of Governor's mansion director, who shall be qualified by background and experience for such a position and shall be appointed by the Governor to serve at the will and pleasure of the Governor. The mansion director shall be charged with the foll…

(a) The state rooms of the mansion shall be used for official state government functions and entertainment: Provided, That tours of the state rooms of the mansion shall be permitted, and the mansion director shall assist in the scheduling of said tours and prescribe rules and reg…

(a) There is hereby created the West Virginia Cybersecurity Office within the Office of Technology, to be led by the West Virginia Chief Information Security Officer. The office may set standards for cybersecurity and is charged with managing the cybersecurity framework. (b) The …

As used in this article: “Cybersecurity Office” means the office created by §5A-6B-1 of this code. “Incident” or “cybersecurity incident” means a violation, or imminent threat of violation, of computer security policies, acceptable use policies, or standard security practices.

The Office of Technology is hereby continued as an integral part of the Department of Administration, for the purpose of establishing and developing information technology services for state agencies and promulgating information technology standards. The Office of Technology is a…

This article applies to all state agencies within the executive branch, constitutional officers, all local government entities as defined by §7-1-1 or §8-1-2 of this code, county boards of education as defined by §18-1-1 of this code, the Judiciary, and the Legislature.

As used in this article: “Information systems” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. “Information technology” means any equipment or interconnected system or…

As used in this article: "Cybersecurity framework" means computer technology security guidance for organizations to assess and improve their ability to prevent, detect, and respond to cyber incidents. "Cyber incident" means any event that threatens the security, confidentiality, …

(a) The West Virginia Cybersecurity Office is under the supervision and control of a Chief Information Security Officer appointed by the Chief Information Officer and shall be staffed appropriately by the Office of Technology to implement the provisions of this article. (b) The C…

(a) Qualified cybersecurity incidents shall be reported to the Cybersecurity Office before any citizen notification, but no later than 10 days following a determination that the entity experienced a qualifying cybersecurity incident. (b) A qualified cybersecurity incident meets a…

(a) The Office of Technology is continued within the Department of Administration, to be led by a Chief Information Officer, who shall be appointed by and serve at the will and pleasure of the Governor. The Chief Information Officer shall have knowledge in the field of informatio…

(a) On or before December 31 of each year, and when requested by the Legislature, the Cybersecurity Office shall provide a report to the Joint Committee on Government and Finance containing the number and nature of incidents reported to it during the preceding calendar year. The …

(a) Each information custodian receiving centralized support from the West Virginia Office of Technology, or any other entity subject to the provisions of this article, shall: (1) Undergo an appropriate cyber risk assessment as required by the cybersecurity framework or as direct…

(a) With respect to all state spending units the Chief Information Officer may: (1) Establish information technology governance to align technology management with departmental and agency business goals, including, but not limited to: (A) Standards necessary to support a unified …

(a) The Chief Information Officer is authorized to: (1) Implement an approval process for technology projects proposed by state agencies to ensure that all technology projects conform to the statewide strategic plan and the overall technology strategy of the agency; (2) Establish…

(a) Prior to proceeding with a technology project, a state agency shall submit a project proposal to the Project Management Office, outlining the business case, the proposed technology solution, if known, and an explanation of how the project will support the agency’s business ob…

(a) For the purposes of this section, "cloud computing service" means a service that enables on demand self-service network access to a shared pool of configurable computer resources including, but not limited to, data storage, analytics, electronic commerce, streaming services, …

(a)(1) All state agencies shall explore existing paper-based forms and applications so that said forms and applications can be made conveniently available to state residents. (2) The Chief Information Officer may work collaboratively with private sector vendors to establish contr…

Any state spending unit that pursues an information technology purchase that does not meet the definition of “technology project” and that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall obtain the approval…

Any information, including, but not limited to, cyber risk assessments, cybersecurity program review, plans of action and milestones, remediation plans, or information indicating the cyber threat, vulnerability, information, or data that may identify or expose potential impacts o…

(a) Any state spending unit that is not required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall notify the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its informatio…

The Chief Information Security Officer shall annually, on December 1 of each year report to the Joint Committee on Government and Finance and to the Governor on the status of the cybersecurity program, including any recommended statutory changes. The report shall include a compre…

The Chief Information Officer shall report biannually to the Legislative Joint Committee on Government and Finance on the activities of his or her office.

(a) The provisions of this article do not apply to the Legislature, the judiciary, or any state Constitutional Officer designated in §6-7-2 of this code. (b) Notwithstanding any other provision of this article to the contrary, the provisions of this article do not apply to the We…

(a) As used in this Section, "Task Force" means the West Virginia Task Force on Artificial Intelligence established by this section. (b) The West Virginia Task Force on Artificial Intelligence is created and shall be organized within the Office of the Governor. (c) The Task Force…

This article shall be known as the "Records Management and Preservation of Essential Records Act."

(a) The agency head may make or cause to be made preservation duplicates or may designate as preservation duplicates existing copies of essential state records. A preservation duplicate shall be durable, accurate, complete, and clear, and a preservation duplicate made by means of…

(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 elect…

Any agency subject to this article shall control and at all times be the owner of its records. When a state record is required by law to be treated in a confidential manner and is an essential state record, the agency, in effectuating the purpose of this article with respect to s…

The administrator shall review the program at least annually for the selection and preservation of essential state records designated by the agencies, including the classification of records and the provisions for preservation duplicates, and for safekeeping of essential state re…

The Legislature finds that the use of electronic technology and other procedures to manage and preserve public records by counties should be uniform throughout the state where possible. (a) The governing body and the chief elected official of a county, hereinafter referred to as …

Upon request, the records administrator shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive br…

(a) Except as provided in §57-1-7a of this code, no record shall be destroyed or otherwise disposed of by any agency of the state, unless it is determined by the administrator and the Director of Archives and History within the Department of Arts, Culture, and History that the re…

Nonrecord materials or materials not included within the definition of records as contained in this article may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the administrator. The adminis…

The administrator shall make an annual written report to the Governor for transmission to the Legislature. The report shall describe the status and progress of programs established pursuant to this article and shall include the recommendations of the administrator for improvement…

The Legislature declares that programs for the efficient and economical management of state and local records will promote economy and efficiency in the day-to-day record-keeping activities of state and local government and will facilitate and expedite government operations; that…

(a) Findings and purpose. -- The Legislature finds that continuous advances in technology have resulted and will continue to result in the development of alternate formats for the nonerasable storage of state records, and that the use of such alternative storage formats, where de…

(a) The following personal information maintained by executive, legislative, or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees, or the legal dependents thereof is hereby deemed to be confidential a…

(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents is personal information exempted from disclosure as an unreasonable invasion of privacy under the provisions of §29B-1-1 et seq. of this code, and may not …

This article creates no liability upon any person acting in his or her capacity as a state officer, employee, or retiree or former employee of the State of West Virginia; or upon the legal dependents, heirs and assignees of any such person; nor, upon any agency of the executive, …

(a) This section shall be known as Daniel’s Law. (b) This act shall be liberally construed in order to accomplish its purpose and the public policy of this state, which is to enhance the safety and security of certain public officials in the justice system, including judicial off…

(a) For purposes of this section: "Covered individual" means any person who is or was previously elected, appointed, served, or employed as a judicial officer, prosecutor, public defender, law-enforcement officer, elected official, or campaign treasurer and includes any immediate…

(a) For purposes of this section: "Health care worker" means a person who is an employee of a health care entity, a subcontractor, or independent contractor for a health care entity, or an employee of the subcontractor or independent contractor. The term includes, but is not limi…

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…

State or local records which are within the following categories are essential records which shall be preserved pursuant to this article: Category A. Records containing information necessary to the operation of government in the emergency created by a disaster. Category B. Record…

The Secretary of the Department of Administration is hereby designated the state records administrator, hereinafter called the administrator. The secretary may designate someone within the department to carry out the duties of the administrator. The administrator shall establish …