HJR 6: Joint Subcommittee Studying Electronic Records and their impact
on the VA Public Records Act and the State Publications Depository Program
October 7,
2005
The joint subcommittee
met on October 7, 2005, in Richmond.
PUBLICATIONS DEPOSITORY
PROGRAM
The members reviewed
a draft that made changes to the State Publications Depository
Program that was circulated at the previous meeting, and approved in concept.
The joint subcommittee unanimously voted to give the draft final approval
and to recommend the legislation to the 2006 Session of the General Assembly.
The bill makes changes that will allow the Library of Virginia (the Library)
to effectively and efficiently continue to administer the existing depository
program while allowing it to make the changes necessary to collect and
make available electronic state agency publications. The text of the proposal
is available on the joint subcommittee's website.
VA PUBLIC RECORDS
ACT
The joint subcommittee
next turned its attention to the Virginia Public Records Act. A work group
consisting of Senator Brandon J. Bell, Rosanna Bencoach, and Conley Edwards
held a meeting in advance of the joint subcommittee's meeting. They discussed
with interested members of the public initial changes to the Public Records
Act in regards to electronic records. The report from the work group recommended
adding definitions such as "conversion," "migration,"
and "metadata" to the act, and that "electronic record"
be defined as "a public record whose creation, storage, and access
requires the use of an automated system or device." Recommendations
also included a requirement that an agency be responsible for migrating
and converting public records over the course of their lifecycle so as
to ensure continued access to those records.
The joint subcommittee
adopted these recommendations in concept, and discussed several other
key policy issues. The members decided that amendments should be made
to the Public Records Act to require the Library Board to adopt regulations-which
carry the force and effect of law and must be promulgated under the Administrative
Process Public Records Act-concerning essential matters relating to records
management, and to use guidelines for other less essential matters.
In addition, it was
suggested that the creation of an intra-agency advisory committee be created
to assist the Library Board in establishing electronic records regulations
and guidelines. Such an advisory committee might be comprised of representatives
from the Library, VITA, the Attorney General's Office, and state and local
agencies. The issue of enforcement of the Public Records Act was also
discussed. It was generally felt that there is nothing to mandate compliance.
Some members of the committee felt that taking an educational approach
with a goal of ensuring that all agencies are aware of the Public Records
Act's requirements would be a good first step. Some members voiced concern
that this may not go far enough.
Staff was directed
to continue to work on these issues, as well as to identify other issues
involving the Public Records Act that might require the joint subcommittee's
attention.
WORK PLAN AND
FUTURE MEETINGS
Staff will hold a
meeting with all interested parties to continue to discuss public records
act issues on October 31, 2005. The next meeting of the joint subcommittee
will be November 7, 2005, at 2:00 p.m. in Richmond.
Chairman:
The Hon. M. Kirkland
Cox
For information,
contact:
Lisa Wallmeyer
and Patrick Cushing
DLS Staff
Website:
http://dls.state.va.us/PRA.htm
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