The Interim Report of the Virginia Advisory Legislative Council, issued in January 1974, concluded that the Commonwealth of Virginia is in substantial need of comprehensive public records legislation. The Council, at that time, felt that more time was necessary to create model legislation in this area. The General Assembly accepted the Council's recommendation for further study and through House Joint Resolution No. 91 continued the study.

The Council appointed a study Committee chaired by Lewis A . McMurran, Jr. which included David F. Thornton, Charles B. Cross, Jr., Walther B. Fidler, W. Franklin Gooding, W. Moscoe Huntley, Louis H. Manarin and C. Hardaway Marks. The Committee, in reaching its findings spent considerable time and effort studying public records legislation from other states. The Committee was also very fortunate to receive the help and cooperation of the State Library Board and various clerks of court. After studying the findings and suggestions of the Committee, the Council makes the following recommendations.

RECOMMENDATIONS

The Council recommends:

• That a broad definition of "public records" be added to § 42.1-23 of the Code to define records under the records management provision;

• That there be enacted legislation which would provide for the prompt seizure and return of public records which have, without authorization, left possession of the State or local agency;

• That appropriations be approved to permit the rapid completion of the Department of Health's record management and preservation program for health and vital records;

• That there be enacted legislation which would permit the replacement of the current marginal release system for recording releases of deeds of trust and liens with a system utilizing recorded certificates of satisfaction and certificates of partial satisfaction; and

• That the Council's study on a Public Records Act be extended for the further study and development of comprehensive public records legislation.