Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2770: Public Records Act; disposition of public records.
Be it enacted by the General Assembly of Virginia:
1. That § 42.1-86.1 of the Code of Virginia is amended and reenacted as follows:
§ 42.1-86.1. Disposition of public records.
A. No agency shall sell or give away public records. No agency shall destroy or discard a public record unless (i) the record appears on a records retention and disposition schedule approved pursuant to § 42.1-82 and the record's retention period has expired; (ii) a certificate of records destruction, as designated by the Librarian of Virginia, has been properly completed and approved by the agency's designated records officer; and (iii) there is no litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or renegotiation of the relevant records retention and disposition schedule pending at the expiration of the retention period for the applicable records series. After a record is destroyed or discarded, the agency shall forward the original certificate of records destruction to The Library of Virginia.
B. No agency shall destroy any public record created before 1912 without first offering it to The Library of Virginia.
C. Each agency shall ensure that may,
for records created after July 1, 2006, and
authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded destroy or discard
such records in a timely manner in accordance with the provisions
of this chapter; provided, however, such records that contain
identifying information as defined in clauses (iii) through (ix), or clause
(xii) of subsection C of § 18.2-186.3, shall be destroyed within six months of
the expiration of the records retention period.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.