Virginia Code 42.1-79: Records management function vested in The Library of Virginia
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.
Terms Used In Virginia Code 42.1-79
- Agency: means all boards, commissions, departments, divisions, institutions, and authorities, and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers. See Virginia Code 42.1-77
- Contract: A legal written agreement that becomes binding when signed.
- Custodian: means the public official in charge of an office having public records. See Virginia Code 42.1-77
- Librarian of Virginia: means the State Librarian of Virginia or his designated representative. See Virginia Code 42.1-77
- Preservation: means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time. See Virginia Code 42.1-77
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Trustee: A person or institution holding and administering property in trust.
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.