Code of Virginia

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Code of Virginia
Title 42.1. Libraries
Subtitle .
Chapter 1. State Library and Library Board
9/30/2022

Chapter 1. State Library and Library Board.

Article 1. In General.

§ 42.1-1. The Library of Virginia.

The Library of Virginia is hereby declared an educational institution and an institution of learning. The Library of Virginia shall be the library agency of the Commonwealth, the archival agency of the Commonwealth, and the reference library at the seat of government. It shall have the following powers and duties:

(1) [Repealed.]

(2) To accept gifts, bequests and endowments for the purposes which fall within the general legal powers and duties of The Library of Virginia. Unless otherwise specified by the donor or legator, the Library may either expend both the principal and interest of any gift or bequest or may invest such sums as the Board deems advisable, with the consent of the State Treasurer, in securities in which sinking funds may be invested. The Library shall be deemed to be an institution of higher education within the meaning of § 23.1-101;

(3) To purchase and maintain a general collection of books, periodicals, newspapers, maps, films, audiovisual materials and other materials for the use of the people of the Commonwealth as a means for the promotion of knowledge within the Commonwealth. The scope of the Library's collections shall be determined by the Library Board on recommendation of the Librarian of Virginia, and, in making these decisions, the Board and Librarian of Virginia shall take into account the book collections of public libraries and libraries at institutions of higher education in the Commonwealth and the availability of such collections to the general public. The Board shall make available for circulation to libraries or to the public such of its materials as it deems advisable;

(4) To give assistance, advice and counsel to other agencies of the Commonwealth maintaining libraries and special reference collections as to the best means of establishing and administering such libraries and collections. It may establish in The Library of Virginia a union catalogue of all books, pamphlets and other materials owned and used for reference purposes by all other agencies of the Commonwealth and of all books, pamphlets and other materials maintained by libraries in the Commonwealth which are of interest to the people of the whole Commonwealth;

(5) To fix reasonable penalties for damage to or failure to return any book, periodical or other material owned by the Library, or for violation of any rule or regulation concerning the use of books, periodicals, and other materials in custody of the Library;

(6) To give direction, assistance and counsel to all libraries in the Commonwealth, to all communities which may propose to establish libraries, and to all persons interested in public libraries, as to means of establishment and administration of such libraries, selection of books, retrieval systems, cataloguing, maintenance, and other details of library management, and to conduct such inspections as are necessary;

(7) To engage in such activities in aid of city, county, town, regional and other public libraries as will serve to develop the library system of the Commonwealth;

(8) To administer and distribute state and federal library funds in accordance with law and its own regulations to the city, county, town and regional libraries of the Commonwealth; and

(9) To enter into contracts with other states or regions or districts for the purpose of providing cooperative library services.

Wherever in this title and the Code of Virginia the terms "State Library" or "Library" appear, they shall mean The Library of Virginia.

Code 1950, § 42-33; 1970, c. 606; 1984, cc. 389, 734; 1986, c. 565; 1987, c. 458; 1994, c. 64; 1998, c. 427.

§ 42.1-2. The Library of Virginia under direction of Library Board; membership; chairman and vice-chairman; committees and advisory bodies.

The Library of Virginia shall be directed by a board, consisting of fifteen members, to be appointed by the Governor, which shall be and remain a corporation under the style of "The Library Board," sometimes in this chapter called the Board. Prior to such appointments the Board may submit to the Governor lists of candidates based upon interest and knowledge, geographic representation, participation in community affairs, and concern for the welfare of the Commonwealth. In no case shall the Governor be bound to make any appointment from among the nominees of the Board. The Board shall meet and organize by electing from its number a chairman and vice-chairman. It shall have the power to appoint such committees and advisory bodies as it deems advisable.

Code 1950, § 42-34; 1968, c. 122; 1970, c. 606; 1986, c. 565; 1987, c. 458; 1994, c. 64.

§ 42.1-2.1. Executive committee.

The Board may also provide for an executive committee, composed of not fewer than five Board members, which committee may exercise powers vested in and perform duties imposed upon the Board by this chapter to the extent designated and permitted by the Board.

1986, c. 565.

§ 42.1-3. Terms of office of members of Board; vacancies.

Members serving on the Board on June 30, 1986, shall continue in their respective terms, and the Governor shall appoint the following additional members: one member for a one-year term, one member for a three-year term, two members for four-year terms, and two members for five-year terms. Thereafter, all appointments shall be for five-year terms beginning on July 1 of the year of appointment, provided that appointments to fill vacancies shall be for the unexpired term.

No person shall be eligible to serve as a member of the Board for more than two successive full terms.

Code 1950, § 42-35; 1968, c. 122; 1970, c. 606; 1986, c. 565.

§ 42.1-3.1. Authority of Board generally.

The Board shall be vested with full authority (i) to establish policy concerning what books and other library materials are to be kept, housed, or exhibited by The Library of Virginia; (ii) to enter into agreements with institutions and organizations with purposes similar to its own; (iii) to adopt and amend bylaws; (iv) to charge for such services as deemed proper; and (v) to do such other things as it deems proper to promote education in the realm of history and library and archival science throughout the Commonwealth through The Library of Virginia.

The Board is hereby authorized to sell, grant, and convey or to change the form of investments or control of any funds, securities or other property, provided such action is not inconsistent with the terms of the instrument under which the property may have been acquired.

The Board may confer the honorary degree of patron of letters on any person who has, in its opinion, made an outstanding contribution in the realm of history, or library or archival science.

1986, c. 565; 1994, c. 64.

§ 42.1-4. Repealed.

Repealed by Acts 1986, c. 565, effective April 7, 1986.

§ 42.1-5. Expenses of members of Board.

The members of the Board shall receive no compensation for their services as such; but reasonable expenses incurred as members of the Board in the discharge of their duties shall be paid out of the Library funds.

Code 1950, § 42-37; 1970, c. 606.

§ 42.1-6. Minutes and records of Board.

The Board shall keep minutes of all its proceedings, which shall be signed by the chairman and attested by the secretary, and a record of all receipts and disbursements, all of which shall be preserved as public records.

Code 1950, § 42-38; 1970, c. 606.

§ 42.1-7. Repealed.

Repealed by Acts 1985, c. 397.

§ 42.1-8. Rules and regulations.

The Board shall make rules and regulations, not inconsistent with law, for the government and use of The Library of Virginia, and may by general or special regulation determine what books and other possessions of the Library may not be removed therefrom.

Code 1950, § 42-41; 1970, c. 606; 1994, c. 64.

§ 42.1-9. When Library to be kept open.

The Library of Virginia shall be kept open for such days and hours each day as may be prescribed for other state agencies at the seat of government. But the Board may, in its discretion, prescribe additional hours in which the Library shall be kept open.

Code 1950, § 42-43; 1970, c. 606; 1994, c. 64.

§ 42.1-10. Acquisition of books and other library matter.

The Library may from time to time acquire books and other library matter by gift, purchase, exchange or loan. And the Library shall cause to be procured, from time to time, as opportunity may offer, a copy of any book, pamphlet, manuscript, or other library material, relating to the history of Virginia, not now in The Library of Virginia, which can be obtained on reasonable terms.

Code 1950, § 42-44; 1970, c. 606; 1994, c. 64.

§ 42.1-11. Editing and publishing state records and other special matter; list of publications.

The Board may edit, or cause to be edited, arranged and published, as the funds at its disposal permit, the state records now or hereafter deposited in The Library of Virginia and such other special matter as it deems of sufficient value.

The Board may cause to be printed any manuscript relating to the history of Virginia which has not been published, including such portions of the executive journals and letter books, and of the legislative papers, as the Board may deem proper, and shall cause the papers so to be printed to be arranged for that purpose and preserved for reference; and shall cause the records in the Library pertaining to the various wars in which the Commonwealth has been engaged to be edited, arranged, and published so as to show the service of citizens of the Commonwealth in such wars.

The Library may expend funds to list its publications in appropriate commercial listings.

Code 1950, § 42-45; 1956, c. 169; 1970, c. 606; 1994, c. 64.

§ 42.1-12. Fees for copies made by Library staff.

The Library may, in its discretion, charge and collect such fees as it may deem reasonable for copies or extracts from any books, papers, records, documents or manuscripts in the Library, made by the Library staff, for persons applying for the same. The Librarian of Virginia shall keep an accurate account of all such fees and pay the same into the general fund of the state treasury.

Code 1950, § 42-46; 1970, c. 606; 1998, c. 427.

Article 2. State Librarian, Assistants and Employees.

§ 42.1-13. Appointment; terms of office; employment; duties.

The Board shall appoint a librarian, to be known as the Librarian of Virginia, who shall serve at the pleasure of the Board. The Librarian of Virginia shall appoint principal assistants and approve the appointment of other employees. The terms of office and employment of such assistants and employees shall be subject to the personnel regulations of the Commonwealth.

The Librarian of Virginia shall supervise the administration of The Library of Virginia. The Librarian of Virginia shall make requests for appropriations of necessary funds and approve all expenditures of Library funds. Such expenditures shall be made as provided by law.

Code 1950, § 42-48; 1970, c. 606; 1984, c. 444; 1985, c. 397; 1986, c. 565; 1994, c. 64; 1996, c. 812; 1998, c. 427.

§ 42.1-14. Compensation.

The Librarian of Virginia, assistants and employees shall be paid such salaries from appropriations out of the public treasury as are provided by law.

Code 1950, § 42-49; 1970, c. 606; 1998, c. 427.

§ 42.1-15. Duties of Librarian of Virginia.

The Librarian of Virginia shall have charge of The Library of Virginia. He shall see that the Library is properly kept and that its contents are properly preserved and cared for.

He shall be secretary of the Board, and shall perform all duties belonging to that position. He shall keep a record of all proceedings of the Board and such financial records as are required by the Commonwealth.

Code 1950, § 42-50; 1970, c. 606; 1994, c. 64; 1998, c. 427.

§ 42.1-15.1. Qualifications required to hold professional librarian position.

Public libraries serving a political subdivision or subdivisions having a population greater than 15,000 and libraries operated by the Commonwealth or under its authority shall not employ, in the position of librarian or in any other full-time professional librarian position, a person who does not meet the qualifications established by the State Library Board.

A professional librarian position as used in this section is one that requires a knowledge of books and of library technique equivalent to that required for graduation from any accredited library school or one that requires graduation from a school of library science accredited by the American Library Association.

No funds derived from any state aid shall be paid to any person whose employment does not comply with this section.

This section shall not apply to law libraries organized pursuant to Chapter 4 (§ 42.1-60 et seq.), libraries in institutions of higher education, or public school libraries.

1988, c. 716; 2004, c. 559; 2006, c. 539; 2012, c. 296.

§ 42.1-16. Bond of Librarian of Virginia.

The Librarian of Virginia shall be bonded in accordance with § 2.2-1840 for the faithful discharge of his duties and the delivery over to his successor of all the property of the Commonwealth in his possession.

Code 1950, § 42-51; 1970, c. 606; 1998, c. 427; 2021, Sp. Sess. I, c. 152.

§ 42.1-17. Repealed.

Repealed by Acts 2006, c. 59, cl. 2.

§ 42.1-18. Exchanges; donation, etc., of duplicate material.

The Library may arrange for the exchange of the Virginia publications with such states and institutions, the general government and other governments, societies and others, as it sees fit. Publications received on exchange are to become the property of The Library of Virginia, except statute and law books, which shall be placed in the Law Library. The Library may also, when deemed advantageous, donate, exchange or sell any or all duplicate material now or hereafter the property of The Library of Virginia, and other printed material not within the scope of its collections. The Librarian of Virginia shall keep an accurate account of all such sales and pay the money arising therefrom into the general fund of the state treasury.

Code 1950, § 42-56; 1970, c. 606; 1994, c. 64; 1998, c. 427.

§ 42.1-19. Repealed.

Repealed by Acts 2006, c. 59, cl. 2.

Article 3. Public Records.

§ 42.1-20. Repealed.

Repealed by Acts 1976, c. 746.

Article 3.1. Return of Public Records.

§ 42.1-29. Repealed.

Repealed by Acts 1976, c. 746.

Article 4. Historical Material Relating to World War II.

§ 42.1-30. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-31. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32. Repealed.

Repealed by Acts 2022, c. 355.

Article 5. Networking.

§ 42.1-32.1. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.2. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.3. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.4. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.5. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.6. Repealed.

Repealed by Acts 2022, c. 355.

§ 42.1-32.7. Repealed.

Repealed by Acts 2003, c. 176.