{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/42.1-79.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/42.1-79.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/42.1-79.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/42.1-79.html"}],"law_id":61369,"edition_id":1,"section_id":61369,"structure_id":12940,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","history":"1976, c. 746; 1986, c. 565; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2005, c. 787; 2006, c. 60.","full_text":"A\n\nThe 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\n\nThe Librarian of Virginia shall name a State Archivist who shall perform such functions as the Librarian of Virginia assigns.C\n\nWhenever 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.","order_by":null,"text":{"0":{"id":224180,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224181,"text":"The Librarian of Virginia shall name a State Archivist who shall perform such functions as the Librarian of Virginia assigns.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224182,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12940,"edition_id":1,"name":"Virginia Public Records Act","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12939,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":221153,"object_type":"structure","relational_id":12940,"identifier":"7","token":"42.1\/7","url":"\/42.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12939,"edition_id":1,"name":"Libraries","identifier":"42.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":220815,"object_type":"structure","relational_id":12939,"identifier":"42.1","token":"42.1","url":"\/42.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74854,"structure_id":12940,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","url":"\/42.1-76\/","token":"42.1\/7\/42.1-76","metadata":false},{"id":61180,"structure_id":12940,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":false},{"id":58113,"structure_id":12940,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},{"id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},{"id":61369,"structure_id":12940,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},{"id":74386,"structure_id":12940,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},{"id":86610,"structure_id":12940,"section_number":"42.1-80","catch_line":"Repealed","url":"\/42.1-80\/","token":"42.1\/7\/42.1-80","metadata":false},{"id":73353,"structure_id":12940,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","url":"\/42.1-82\/","token":"42.1\/7\/42.1-82","metadata":false},{"id":73183,"structure_id":12940,"section_number":"42.1-83","catch_line":"Repealed","url":"\/42.1-83\/","token":"42.1\/7\/42.1-83","metadata":false},{"id":86822,"structure_id":12940,"section_number":"42.1-84","catch_line":"Repealed","url":"\/42.1-84\/","token":"42.1\/7\/42.1-84","metadata":false},{"id":66498,"structure_id":12940,"section_number":"42.1-85","catch_line":"Records Management Program; agencies to cooperate; agencies to designate records officer","url":"\/42.1-85\/","token":"42.1\/7\/42.1-85","metadata":false},{"id":84716,"structure_id":12940,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","url":"\/42.1-86\/","token":"42.1\/7\/42.1-86","metadata":false},{"id":57661,"structure_id":12940,"section_number":"42.1-86.01","catch_line":"Records may be retained in electronic medium","url":"\/42.1-86.01\/","token":"42.1\/7\/42.1-86.01","metadata":false},{"id":71117,"structure_id":12940,"section_number":"42.1-86.1","catch_line":"Disposition of public records","url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","metadata":false},{"id":81852,"structure_id":12940,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},{"id":54042,"structure_id":12940,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","metadata":false},{"id":84495,"structure_id":12940,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},{"id":81039,"structure_id":12940,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","metadata":false},{"id":70466,"structure_id":12940,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},{"id":58901,"structure_id":12940,"section_number":"42.1-91","catch_line":"Repealed","url":"\/42.1-91\/","token":"42.1\/7\/42.1-91","metadata":false},{"id":78061,"structure_id":12940,"section_number":"42.1-91.1","catch_line":"Availability of public records created prior to January 1, 1901","url":"\/42.1-91.1\/","token":"42.1\/7\/42.1-91.1","metadata":false}],"previous_section":{"id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},"next_section":{"id":74386,"structure_id":12940,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-79\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 746 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 565; in 1990, chapter 778; in 1994, chapter 64<\/a>; in 1998, chapter 427<\/a>; in 2005, chapter 787<\/a>; in 2006, chapter 60<\/a>.<\/p>","references":[{"id":80213,"section_number":"17.1-208","catch_line":"Records, etc., open to inspection; copies; exception","order_by":null,"url":"\/17.1-208\/"},{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"}],"refers_to":false,"permalink":{"id":221171,"object_type":"law","relational_id":61369,"identifier":"42.1-79","token":"42.1\/7\/42.1-79","url":"\/42.1-79\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","dublin_core":{"Title":"Records management function vested in The Library of Virginia","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-79","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The archival and records management function shall be vested in The Library of Virginia. The Library of Virginia shall be the official custodian<\/span> and trustee for the Commonwealth of all public records<\/span> of whatever kind, and regardless of physical form or characteristics, that are transferred to it from any agency<\/span>. As the Commonwealth’s official repository of public records<\/span>, 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<\/span> in its custody<\/span>, but may, at its discretion, contract<\/span> with third-party<\/span> entities to provide any or all services related to managing archival records<\/span> on equipment owned by the contractor, by other third parties, or by The Library of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Librarian of Virginia<\/span> shall name a State Archivist who shall perform such functions as the Librarian of Virginia<\/span> assigns. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever legislation affecting public records<\/span> management and preservation<\/span> is under consideration, The Library of Virginia shall review the proposal and advise the General Assembly on the effects of its proposed implementation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECORDS MANAGEMENT FUNCTION VESTED IN THE LIBRARY OF VIRGINIA (\u00a7 42.1-79)\n\nA. The archival and records management function shall be vested in The Library\nof Virginia. The Library of Virginia shall be the official custodian and trustee\nfor the Commonwealth of all public records of whatever kind, and regardless of\nphysical form or characteristics, that are transferred to it from any agency. As\nthe Commonwealth’s official repository of public records, The Library of\nVirginia shall assume ownership and administrative control of such records on\nbehalf of the Commonwealth. The Library of Virginia shall own and operate any\nequipment necessary to manage and retain control of electronic archival records\nin its custody, but may, at its discretion, contract with third-party entities\nto provide any or all services related to managing archival records on equipment\nowned by the contractor, by other third parties, or by The Library of Virginia.\n\nB. The Librarian of Virginia shall name a State Archivist who shall perform such\nfunctions as the Librarian of Virginia assigns.\n\nC. Whenever legislation affecting public records management and preservation is\nunder consideration, The Library of Virginia shall review the proposal and\nadvise the General Assembly on the effects of its proposed implementation.\n\nHISTORY: 1976, c. 746; 1986, c. 565; 1990, c. 778; 1994, c. 64; 1998, c. 427;\n2005, c. 787; 2006, c. 60.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}