A. The archival and records management function shall be vested in The Library of Virginia. The Library of Virginia shall be the official custodian and trustee for the Commonwealth of all public records of whatever kind, and regardless of physical form or characteristics, that are transferred to it from any agency. As the Commonwealth's official repository of public records, The Library of Virginia shall assume ownership and administrative control of such records on behalf of the Commonwealth. The Library of Virginia shall own and operate any equipment necessary to manage and retain control of electronic archival records in its custody, but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by The Library of Virginia.
B. The Librarian of Virginia shall name a State Archivist who shall perform such functions as the Librarian of Virginia assigns.
C. Whenever legislation affecting public records management and preservation is under consideration, The Library of Virginia shall review the proposal and advise the General Assembly on the effects of its proposed implementation.
1976, c. 746; 1986, c. 565; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2005, c. 787; 2006, c. 60.
Structure Code of Virginia
Chapter 7 - Virginia Public Records Act
§ 42.1-76. Legislative intent; title of chapter
§ 42.1-76.1. Notice of Chapter
§ 42.1-78. Confidentiality safeguarded
§ 42.1-79. Records management function vested in the Library of Virginia
§ 42.1-82. Duties and powers of Library Board
§ 42.1-85. Records Management Program; agencies to cooperate; agencies to designate records officer
§ 42.1-86. Essential public records; security recovery copies; disaster plans
§ 42.1-86.01. Records may be retained in electronic medium
§ 42.1-86.1. Disposition of public records
§ 42.1-87. Archival public records
§ 42.1-88. Custodians to deliver all records at expiration of term; penalty for noncompliance
§ 42.1-89. Petition and court order for return of public records not in authorized possession
§ 42.1-90. Seizure of public records not in authorized possession
§ 42.1-91.1. Availability of public records created prior to January 1, 1901