Ginny and Jerry,
 
Thanks very much for your comments.  I'll have an opportunity to pass them on.  Tuesday morning, Delegate Cox's House bill came up in committee and he asked that it be passed by for the day so that differences with the Senate bill could be resolved in committee.  There is yet another suggested change to wording that is proposed by the Attorney General's Office.
B. Each agency shall ensure that records authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded  [ in a timely manner within six months of the expiration of the record's retention period ]  in accordance with the provisions of this chapter. [ All records previously authorized to be destroyed must be destroyed by July 1, 2007. ]   However, the requirements in this subsection shall not apply to the extent the custodian agency makes a written certification that:  (1) the records to be retained do not contain any of the types of information listed in § 2.2-3808.2(A); (2) the types of information listed in § 2.2-3808.2(A) have been expurgated from such records; or (3) the records to be retained are accessible only by agents and employees of the agency or of the record storage facility and the agency has in place a procedure to ensure that any of the types of information listed in § 2.2-3808.2(A) will be expurgated from such records before any other individual is able to access such records.  Exemption (3) shall remain in effect only if the agency annually renews its certification. 

This isn't in the bill as of now.  It's wording the AG's Office will offer.

The other sections cited refer to records kept by clerks of court and it's not clear to me if the intention is to apply 2.2-3808.2(A) to state agencies as well, or if it is necessary that all three conditions need to be met when seeking an exemption.

Lobbyists for the clerk's association have this bill on their radar.

Your comments are welcome.

Conley

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Conley L. Edwards
State Archivist
Library of Virginia
800 East Broad Street
Richmond, VA  23219
Telephone:  804-692-3554
Fax:           804-692-3603
E-mail:  [log in to unmask]
 
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