A. In cooperation with the head of each agency, The Library of Virginia shall establish and maintain a program for the selection and preservation of essential public records. The program shall provide for preserving, classifying, arranging, and indexing essential public records so that such records are made available to the public. The program shall provide for making recovery copies or designate as recovery copies existing copies of such essential public records.
B. Recovery copies shall meet quality standards established by The Library of Virginia and shall be made by a process that accurately reproduces the record and forms a durable medium. A recovery copy may also be made by creating a paper or electronic copy of an original electronic record. Recovery copies shall have the same force and effect for all purposes as the original record and shall be as admissible in evidence as the original record whether the original record is in existence or not. Recovery copies shall be preserved in the place and manner prescribed by the State Library Board and the Governor.
C. The Library of Virginia shall develop a plan to ensure preservation of public records in the event of disaster or emergency as defined in § 44-146.16. This plan shall be coordinated with the Department of Emergency Management and copies shall be distributed to all agency heads. The plan shall be reviewed and updated at least once every five years. The personnel of the Library shall be responsible for coordinating emergency recovery operations when public records are affected. Each agency shall ensure that a plan for the protection and recovery of public records is included in its comprehensive disaster plan.
1976, c. 746; 1980, c. 365; 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