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2020 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 42.1-78 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 7 of Title 42.1 a section numbered 42.1-91.1 as follows:
§ 42.1-78. Confidentiality safeguarded.
Any records made confidential by law shall be so treated.
Records which that by law are required to be closed to the public
shall not be deemed to be made open to the public under the provisions of this
chapter. Records in the custody of The Library of Virginia which that
are required to be closed to the public shall be open for public access 75
years after the date of creation of the record. No provision of this chapter
shall be construed to authorize or require the opening of any records ordered
to be sealed by a court; however, upon a petition filed with the clerk, a
judge may enter an order releasing any record sealed prior to January 1, 1901.
All records deposited in the archives that are not made confidential by law
shall be open to public access.
§ 42.1-91.1. Availability of public records created prior to January 1, 1901.
Notwithstanding any provisions of a previously executed contract with any department, agency, or institution of the Commonwealth or political subdivision, any individual or private entity lawfully in possession of public records created prior to January 1, 1901, or images of such records may display or publish such records in any format, including in an electronic database or on the Internet, without paying a fee to or requesting permission from the original custodian of such records.