42.1-87 - Archival public records.
§ 42.1-87. Archival public records.
A. Custodians of archival public records shall keep them in fire-resistant,environmentally controlled, physically secure rooms designed to ensure properpreservation and in such arrangement as to be easily accessible. Currentpublic records should be kept in the buildings in which they are ordinarilyused. It shall be the duty of each agency to consult with The Library ofVirginia to determine the best manner in which to store long-term or archivalelectronic records. In entering into a contract with a third-party storageprovider for the storage of public records, an agency shall require thethird-party to cooperate with The Library of Virginia in complying with rulesand regulations promulgated by the Board.
B. Public records deemed unnecessary for the transaction of the business ofany state agency, yet deemed to be of archival value, may be transferred withthe consent of the Librarian of Virginia to the custody of the Library ofVirginia.
C. Public records deemed unnecessary for the transaction of the business ofany county, city, or town, yet deemed to be of archival value, shall bestored either in The Library of Virginia or in the locality, at the decisionof the local officials responsible for maintaining public records. Archivalpublic records shall be returned to the locality upon the written request ofthe local officials responsible for maintaining local public records.Microfilm shall be stored in The Library of Virginia but the use thereofshall be subject to the control of the local officials responsible formaintaining local public records.
D. Record books deemed archival should be copied or repaired, renovated orrebound if worn, mutilated, damaged or difficult to read. Whenever the publicrecords of any public official are in need of repair, restoration orrebinding, a judge of the court of record or the head of such agency orpolitical subdivision of the Commonwealth may authorize that the records inneed of repair be removed from the building or office in which such recordsare ordinarily kept, for the length of time necessary to repair, restore orrebind them, provided such restoration and rebinding preserves the recordswithout loss or damage to them. Before any restoration or repair work isinitiated, a treatment proposal from the contractor shall be submitted andreviewed in consultation with The Library of Virginia. Any public officialwho causes a record book to be copied shall attest it and shall certify anoath that it is an accurate copy of the original book. The copy shall thenhave the force of the original.
E. Nothing in this chapter shall be construed to divest agency heads of theauthority to determine the nature and form of the records required in theadministration of their several departments or to compel the removal ofrecords deemed necessary by them in the performance of their statutory duty.
(1976, c. 746; 1994, cc. 64, 955; 2005, c. 787; 2006, c. 60.)