HD21 - Public Records Act

  • Published: 1976
  • Author: Virginia Advisory Legislative Council
  • Enabling Authority: House Joint Resolution 183 (Regular Session, 1975)

Executive Summary:

REVIEW OF PREVIOUS COUNCIL RECOMMENDATIONS

During the 1975 General Assembly Session, certain recommendations made by the Council were adopted. They concerned: an expanded definition of public records enlarging the Commonwealth's records management program, the replevin of public records, and the replacement of the marginal release system for recording deeds of trust and liens with a system utilizing recorded certificates of satisfaction and partial satisfaction. These recommendations, introduced as House Bills 1248, 1244 and 1245 respectively, were passed and signed by the Governor. They are now Chapters 370, 180 and 469 of the 1975 Acts of Assembly.

The final recommendation of the Council was the further study and development of a comprehensive public records act. Several professionals in the field of records management were consulted, including: Dr. Charles Lee, Director, South Carolina Department of Archives and History; Carroll Hart, Director, Department of Archives and History, Georgia; Senator Robert Williams, Director, Division of Archives, History and Records Management, Florida; Dr. H. G. Jones, Curator, North Carolina Collection, University of North Carolina; and, Dr. Thornton Mitchell, State Archivist, North Carolina. Each discussed the several different approaches taken by their states in providing a comprehensive public records management program. Their candid remarks and critical comments were of great assistance in the development of the Council's recommendation. The Virginia State Library Board also rendered assistance to the Council in its study by presenting to the Council a legislative proposal for the development of a public records management program.

RECOMMENDATION

After serious study of the several approaches recommended, the Council has developed an approach it believes best serves the needs of the Commonwealth and its subdivisions. This approach will develop a systematic and efficient system for the management and safekeeping of all public records. The Council's legislative proposal is incorporated herein as Appendix I of this report.