Chap. 84.—An ACT to amend the Code of Virginia by revising and consolidating
into a new chapter, to be numbered 23-a and to be entitled “The State Library
-and Certain Other Libraries,” the general statutes of the Commonwealth re-
lating to the State Library, its board and employees, and certain other li-
braries and to that end to amend, re-arrange, re-enact and add to certain of
said statutes and to repeal others, more specifically to add new Code sections
numbered 347-a, 361, and 363, to amend and re-enact Section 348 of the Code
of Virginia, to re-number Sections 366, 364, 360, 363, 361, 353, 354, 355, 362,
350, 367 and 3074 of the Code of Virginia, as Sections 349, 350, 351, 352, 353,
354, 355, 356, 357, 358, 359, 360, 362, 364, and 365 of the Code of Virginia, to
amend certain of said sections and as amended and re-numbered to re-enact
the same; to amend, number and re-enact Chapter 231 of the Acts of 1918,
as heretofore amended as Section 354 of the Code; to revise, number and
re-enact Chapter 230 of the Acts of 1928, as Section 355 of the Code; to
revise, number and re-enact Chapter 13 of the Acts of 1924, as heretofore
amended as Section 365 of the Code of Virginia; and to repeal Sections 349,
350, 351, 352, 353, 354, 355, 357, 359, 360, 361, 362, 363, 364, 365, 366, 367, 3074
and 3445 of the Code of Virginia as they exist prior to the taking effect of
this act, and to repeal Chapter 231 of the Acts of 1918 as heretofore amended ;
to repeal Chapter 230 of the Acts of 1928; and to repeal Chapter 13 of the
Acts of 1924, as heretofore amended. [S B 175]

Approved February 28, 1936

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be, and it is hereby amended by revising and con-
solidating into a new chapter thereof, to be numbered chapter twenty-
three-a, and to be entitled “The State Library and Certain Other
Libraries,” the general statutes of the Commonwealth concerning the
State Library and certain other libraries, which chapter shall read
as follows: :

Section 347-a. Library Policy of Commonwealth.—It is hereby
declared to be the policy of the Commonwealth, as a part of its pro-
vision for public education, to promote the establishment and develop-
ment of public library service throughout its various political subdivisions.

Section 348. State Library—The State Library shall be continued
and shall be maintained and conducted primarily as a library of
reference. (Code eighteen hundred and eighty-seven, section two
hundred and forty-seven; nineteen hundred and two, three and four,
page eight hundred and seventy-one. )

Section 349. Who May Use State Library—The State Library
shall be for the use of State officers and such other persons as the
Library Board may deem fit, under such rules and regulations as the
board shall adopt; provided that no manuscript shall be taken from
the library except as otherwise expressly provided by law. (Code
eighteen hundred and eighty-seven, section two hundred and sixty-
two; nineteen hundred and two, three and four, page eight hundred
and seventy-five; nineteen hundred and four, page ninety-five; Code
nineteen hundred and nineteen, section three hundred and sixty-six.)

Section 350. State Library, When to be Opened.—The State
Library 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 Library Board may, in its discretion, prescribe additional
hours in which the library shall be kept open. (Code eighteen hundred
and eighty-seven, section two hundred and sixty; nineteen hundred
and two, three and four, page eight hundred seventy-four, nineteen
hundred and four, page ninety-five; Code nineteen hundred and
nineteen, section three hundred and sixty-four.)

Section 351. Library Board, How Appointed; Term of Office;
Certain Powers and Duties.—The State Library shall be managed by
a board of directors, consisting of five members, to be appointed by
the State Board of Education, which shall be and remain a corpora-
tion under the style of “The Library Board”; but the Supreme Court
of Appeals shall have the management of the Law Library and shall
appoint the librarian and other employees of said Law Library.

The directors in office when this Code takes effect shall continue
in office until their respective terms expire, and upon the expiration
of the term of a member his successor shall be appointed for a term
of five years. Appointments to fill other vacancies shall be for the
unexpired term.

The Library Board shall meet and organize by electing one of its
number chairman. It shall appoint a librarian and other employees.
The terms of office of the librarian and other employees shall be at
the pleasure of the Library Board. The State Librarian, assistants,
and employees shall be paid such salaries from appropriations out of
the public treasury as may be provided by law.

The Library Board shall keep complete minutes of all its proceed-
ings neatly recorded in a substantial book, 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. It may from time to time acquire by gift, purchase, ex-
change, or loan books and other library matter; and may edit, or
cause to be edited, arranged and published, as the funds at its dis-
posal may admit, the State records now or hereafter to be deposited
in the library and such other special matter as it may deem of suffi-
cient value. It shall make rules and regulations not inconsistent
with law, for the government and use of the library, and may by
general or special regulation determine what books and other posses-
sion of the library may not be removed therefrom.

The Library Board shall superintend all expenditures of the
library funds.
The members of the Library Board shall receive no compensation
for their services as such; but such reasonable expenses as members
of the board may incur in the discharge of their duties shall be paid
out of library funds.

The Library Board shall annually make a report to the Governor
of all receipts and expenditures, and of the condition of the library,
and all other matters in relation thereto that it may deem expedient
for the information of the General Assembly.

It may purchase and procure books and other necessary equipment
for the establishment of libraries known as “traveling libraries.”
(Code eighteen hundred and eighty-seven, section two hundred and
fifty-four; nineteen hundred and two, three and four, page eight
hundred and seventy-three; nineteen hundred and four, page ninety-
four; nineteen hundred and sixteen, page seven hundred and forty-
five; Code nineteen hundred and nineteen, section three hundred and
sixty. )

Section 352. Librarian, His Duties—The librarian shall have
charge of the State Library, giving his personal attention and attend-
ance to it and carrying out and enforcing the rules and regulations
made therefor by the General Assembly and the Library Board. He
shall see that the library is properly and neatly kept for the reception
and use of the public, and that its contents are properly preserved
and cared for.

He shall be secretary of the Library Board, and shall perform all
the duties belonging to that position. He shall keep a neat and
accurate record of all proceedings of the board, an itemized account of
all receipts and disbursements, and an itemized memorandum of all pur-
chases, or contracts for purchases made, and of all books and manuscripts
given or received as gifts or in exchange.

The librarian shall give bond to the State in the sum of two
thousand dollars, with sureties approved by the Library Board, for
the faithful discharge of his duties and the delivery over to his suc-
cessor of all the property of the State in his possession, which bond
shall be recorded by the Secretary of the Commonwealth and de-
posited with the Comptroller, (Nineteen hundred and two, three and
four, page eight hundred and seventy-four; Code nineteen hundred
and nineteen, section three hundred and sixty-three.)

Section 353. Additions to State Library—The records of several
departments of the State government, which may be considered of
historical value, may, with the consent of the head of such depart-
ment, and of the Library Board, be deposited and preserved in the
State Library. None of said records so deposited shall be removed
from the library except by the head of the department by whom the
same was so deposited; but the said records may, at the direction
of the Library Board, be returned to the department whence they
came. (Code eighteen hundred and eighty-seven, section two hundred
and fifty-five; nineteen hundred and two, three and four, page eight
hundred and seventy-three; nineteen hundred and four, page ninety-
five; Code nineteen hundred and nineteen, section three hundred and
sixty-one. )
Section 354. Deposit of Records in State Library by Officers.—
The proper official or custodian of any public record of the State of
Virginia, or of any county, city or town, within the State, is hereby
authorized and empowered, in his discretion, to transfer to the Vir-
ginia State Library, with the approval of the State Librarian, for
preservation, any official books, records, documents, original papers,
or map, of a date prior to and including eighteen hundred in his
office; and said State Library shall provide for their permanent
preservation; and when so surrendered, copies therefrom shall be
made and certified by the State Librarian, upon application and the
payment of reasonable fees, which certification shall have the same
force and effect, as if made by the officer or custodian originally in
charge of them. ;

Where the records of any court of a date prior to and including
eighteen hundred, except the will books and the deed books, are not
properly cared for, on notice from the State Librarian to the official
having custody of such records and failure of said official to have
such records put, within one year, in repair satisfactory to the judge
of said court, the said judge is directed to have such records removed
to the State Library. (Nineteen hundred and eighteen, page four
and nine; nineteen hundred and twenty-six; pages six hundred and
fifty-four, six hundred and fifty-five; Virginia Code of nineteen
hundred and thirty (Michie), section three hundred and fifty-five-a.)

Section 355. Removal of Certain Records Upon Application of
State Librarian.—Upon application made by the State Librarian,
every official or custodian of any public records of the State of Vir-
ginia, or any county, city or town in said State, shall deliver to the
State Library Board any and all official books, records, documents,
original papers and maps of a date prior to and including the year
eighteen hundred that may be in his custody or possession or under
his control. The application shall be made to the court under the
jurisdiction of which such records are kept, and the court, or judge
thereof in vacation, shall, by an order entered of record, which order
shall contain a list of the records, cause said records to be delivered
to the State Library Board by the sheriff or other officer to be desig-
nated, and a receipt taken therefor.

The State Librarian shall cause to be made from any and all of
such records as may be necessary for public use and convenience, by
photostatic process, one negative and one positive print. When such
copies have been made the negative copy shall be retained in the
archives department of this State, and the positive copy shall be
bound and returned to the county, city or other source from which
obtained. The original records shall be returned by the State Library
Board within a reasonable time to the source from which obtained,
unless authorized by the court to retain possession of the same.

The State Librarian is, hereby, empowered, authorized and di-
rected on the last page of the said photostatic copies, to certify,
over his hand and the official seal of the State Library Board, that
the said copies are true and correct copies of the contents of the
books so photostated from the originals thereof, and such photostatic
copy, or extracts or copies of any “matter therein contained, duly cer-
tified by the lawful custodian thereof, are hereby made primary evi-
dence to the same effect as the original records, in any courts, or
otherwise, in the Commonwealth of Virginia. (Nineteen hundred
and twenty-eight, pages seven hundred and thirty-six, seven hundred
and thirty-seven; Virginia Code of nineteen hundred and_ thirty
(Michie), section thirty-three hundred and eighty-seven-a. )

Section 356. Cities and Towns to Furnish Copies of Official Pub-
lications to the Library.—The mayor of each city and town in the
Commonwealth shall send regularly at the time of publication to the
Virginia State Library two copies of each of the ofhcial publications
of such city or town, and also two copies of each publication of
former years of which the supply has not been exhausted. Official
publications for the purpose of this section shall embrace printed
reports, in pamphlet or book form, of the officials of the city or town,
printed volumes of ordinances and such other special publications as
the city or town may authorize to be printed. (Nineteen hundred
and twelve, page six hundred and thirty-nine; Code nineteen hundred
and nineteen, section three hundred and fifty-three.)

Section 357. Institutions of Learning and Eleemosynary Institu-
tions to Furnish to the State Library Copies of Publications——Every
institution of learning receiving appropriations from the State, and
every State eleemosynary institution shall, and every other institution
of learning and eleemosynary institution in this State may, send to
the State Library two copies of each of the books, pamphlets, cata-
logues, bulletins, or circulars published by such institution. One set
of the publications received under this and the preceding section
shall be reserved and not used for circulation outside of the library
building. (Nineteen hundred and twelve, page six hundred and thirty-
nine; Code nineteen hundred and nineteen, section three hundred and
fifty-four.)

Section 358. Punishment for Violation of the Two Preceding
Sections.—Any person or the head of an institution, whose duty it is
to comply, violating the mandatory provisions of either of the two
preceding sections shall be liable to a fine not exceeding one hundred
dollars, to be recovered before the police justice of the city of Rich-
mond. (Code nineteen hundred and nineteen, section three hundred and
fifty-five.)

Section 359. Historical Works and Relics; Editing and Publish-
ing Historical Records—The Library Board shall cause to be pro-
cured, 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, which can be obtained
on reasonable terms, and 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 pur-
pose and preserved for reference; and shall cause the records in the
State Library pertaining to the various wars in which the State has
been engaged to be edited, arranged, and published so as to show the
service of citizens of the State in such wars. (Code eighteen hundred
and eighty-seven, section two hundred and fifty-six; eighteen hundred
and eighty-nine and ninety, page one hundred and thirty-six; nine-
teen hundred and two, three and four, page eight hundred and
seventy-four; Code nineteen hundred and nineteen, section three
hundred and sixty-two.)

Section 360. Fees for Copies Made by Library Staff; How Fees
Accounted For.—The Library Board of the State 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 State Librarian shall keep an accurate
account of all such fees and pay the same into the general fund of
the State treasury. (Nineteen hundred and eight, page three hundred
and eighty-four; Code nineteen hundred and nineteen, section three
hundred and fifty.)

Section 361. Director of the Division of Purchase and Printing
to Furnish State Library With Publications—The Director of the
Division of Purchase and Printing shall, upon publication, set aside
and deliver to the State Library two copies of every publication
printed under his authority, except court reports which shall be
placed in the Law Library, which copies shall become a part of the
collections of the State Library.

“He shall also set aside and deliver to the State Library such
copies of every publication printed under his authority as may be
designated in writing by the State Librarian to be used for gifts and
for exchange (not to exceed one hundred copies of any publication.)

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

The State Library Board may send to any university, college,
public library, or society copies of State publications.

Section 362. Protection of the Books and Other Property of
Libraries—-Any person who wilfully, maliciously or wantonly writes
upon, injures, defaces, tears, cuts, mutilates, or destroys any book,
plate, picture, engraving, map, newspaper, magazine, pamphlet,
manuscript, record, or other library property belonging to, or in the
custody of any public, county or regional library, the State Library,
other repository of public records, museums or any library or collec-
tion belonging to or in the custody of any educational, eleemosynary,
benevolent, hereditary, historical library or patriotic institution,
organization or society, shall be punished by a fine of not less than
five dollars nor more than one thousand dollars, one-half of which
shall go to the informer upon conviction of the offender, or by
imprisonment in jail for a period not exceeding twelve months, or
both, in the discretion of the court or jury trying the case.

Any person who wilfully or without authority removes any book
or other property from any of the above libraries or collections shall
be deemed guilty of larceny thereof, and shall be punished by a fine
of not more than five thousand dollars, one-half of which shall go
to the informer upon conviction of the offender, or by imprisonment
in jail for a period not exceeding one year, or both, in the discretion
of the court or jury trying the case.

Any person having in his possession any book or other property
of any of the above libraries or collections, which he shall fail to
return within thirty days after receiving notice in writing from the
custodian, shall be guilty of a misdemeanor and punished according
to law; provided, however, that if such book should be lost or
destroyed, such person may, within thirty days after being so noti-
fied, pay to the custodian the value of such book, the value to be
determined by the governing board having jurisdiction. (Nineteen
hundred and four, page fifty-five, nineteen hundred and thirty, page
four hundred and seventy-nine; Code nineteen hundred and nineteen,
section three hundred and sixty-seven; Code nineteen hundred and
nineteen, section forty-four hundred and eighty-two.)

Section 363. Establishment of a State Board for the Certification
of Librarians.—There is hereby established a State Board for the
Certification of Librarians, which shall consist of the State Librarian
who shall serve as secretary of the board and two other librarians
to be appointed by the Governor for a term of three years from a
list of five persons nominated by the executive committee of the
Virginia Library Association. The members of the board shall serve
without salary, shall have authority to establish rules and regula-
tions for their own government and procedure, and shall have
authority to establish grades of certificates, and shall prescribe and
hold examinations, or require submission of credentials, to establish
the qualifications of those seeking certificates as librarians.

The board shall grant librarians’ certificates of appropriate
grades without examination to applicants who are graduates of
library schools accredited by the American Library Association for
general library training, and shall grant certificates of appropriate
grades to other applicants when it has satisfied itself by examination
or credentials that the applicant has attainments and abilities equiva-
lent to those of a library school graduate and is qualified to carry on
library work ably and efficiently.

Any person not a graduate of a library school accredited by the
American Library Association, but who has served as a librarian or
a full-time professional assistant in any library in this State for at
least one year’s continuous service or the equivalent thereof prior to
the date when this act becomes effective, shall be granted a librarian’s
certificate of appropriate grade without examination.

The board shall require a fee of one dollar to be paid by each
applicant for a librarian’s certificate. Money paid as fees shall be
deposited with the State Treasurer. All necessary expenses of the
Board shall be paid from the funds appropriated by the legislature
to the State Library upon warrants drawn by the State Comptroller
upon the presentation of proper vouchers approved by the State
Librarian.

After July first, nineteen hundred and_ thirty-seven, a public
library serving a political sub-division or sub- divisions having over
five thousand (5,000) population and every library operated by the
State or under its authority, including libraries of institutions of
higher learning shall not have in its. employ, in the position of
librarian or in any other full-time professional library position, a
person who does not hold a librarian’s certificate issued by the
board.

A professional library position, as used in this section, is one
that requires a knowledge of books and of library technique equiva-
lent to that required for graduation from any accredited library
school.

Nothing in this section shall apply to the State Law Library or
law libraries of counties and cities, or to libraries of public, elementary
and high schools.

No public fund shall be paid to any library failing to comply
with this section.

Section 364, To Authorize Cities and Towns to Establish and
Maintain Free Public Libraries and Reading Rooms.—The council
of any city or town, under regulations to be prescribed by such
council, shall have power to establish and maintain a public library
and reading room for the use and benefit of the inhabitants of such
city or town, and may levy a tax therefor, either by special levy or
as a fund of the general levy of said city or town. (Code nineteen
hunderd and nineteen, section thirty hundred and seventy-four.)

Section 365. To Authorize the Establishment of County Free
Library Systems and Regional Free Library Systems and to Provide
for Their Operation and Maintenance.—The board of supervisors of
any county shall have the power to establish a county free library
system for the use and benefit of the residents of such county; or,
upon petition of one hundred taxpavers of the county shall submit
to a vote of the qualified voters of the county at the next general
election held therein whether a county free library system shall be
established; and if a majority of the electors voting on the ques-
tion vote in favor of the establishment of a county free library
system, the board of supervisors shall forthwith establish one.

Two or more counties, by action of their boards of supervisors,
may join in establishing and maintaining a regional free library
system under the terms of a contract between the said counties ;
provided that in the case of established county free library systems
the boards of trustees shall agree to such action. The expenses of
the regional free library system shall be apportioned between or
among the counties concerned on such basis as shall be agreed upon
in the contract. The treasurer of one of the counties, as shall be
provided in the contract, shall have the custody of the funds of the
regional free library system; and the treasurers of the other counties
concerned shall transfer quarterly to him all moneys collected or
appropriated for this purpose in their respective counties. The with-
drawal of any county from a regional library contract may be effected
by petition and vote in the manner prescribed above and the county
shall be entitled to a division of property in the same proportion as
expenses were shared.

Where such county free library system or regional free library
system is established, the board of trustees shall have the power to
enter into contracts with adjacent cities, towns, or State-supported
institutions of higher learning in the county or region to provide
library service on such terms and conditions as shall be mutually
acceptable, or they may contract for library service with a library
not owned by a public corporation but maintained for free public
use. The board of trustees of a county free library system or re-
gional free library system may enter into contracts with county or
city school boards and boards of school trustees to provide library
service for schools.

The management and control of a county free library system or
a regional free library system shall be vested in a board of five
trustees. In a county free library system they shall be appointed by
the judge of the circuit court of such county, chosen from the citi-
zens at large with reference to their fitness for such office, one of
whom shall be the superintendent of public schools of said county.
In a regional free library system they shall be appointed by the judge or
judges of the circuit court or courts in such region, one member being
a superintendent of public schools. Said trustees, other than the
superintendent of public schools, shall be appointed in the beginning
for terms of two, three, four and five years, respectively, and there-
after for terms of five years; but in the case of a regional library,
the judge or judges may provide for the service in rotation of each
of the several superintendents of public schools. Vacancies shall be
filled for unexpired terms as soon as possible in the manner in which
members of the board are regularly chosen. A trustee shall not
receive a salary or other compensation for services as trustee but
necessary expenses actually incurred shall be paid from the library
fund. A library trustee may be removed for misconduct or neglect of
duty by the judge or judges making the appointment. Said trustees
shall, immediately after appointment, meet and adopt such by-laws,
rules and regulations for their own guidance and for the government
of the county free library system or regional free library system as
may be expedient. They shall have control of the expenditures of all
moneys credited to the county free library fund or the regional free
library fund. The said board of trustees shall have the right to
accept donations and bequests of money, personal property or real
estate for the establishment and maintenance of such county free
library systems or regional free library systems or endowments for
same.

After a county free library system or regional free library system
shall have been established or library service contracted for, the
board or boards of supervisors, or other governing bodies of the
governmental sub-division or sub-divisions for which the library was
established or the service engaged shall appropriate money annually
for the support of the library. All funds appropriated or contributed
for library purposes shall constitute a separate fund and shall not
be used for any but library purposes. (Acts, nineteen hundred and
twenty-four, page twelve; nineteen hundred and thirty, page four
hundred and twelve; Virginia Code of nineteen hundred and thirty,
sections twenty-six hundred and ninety-five-a-g. )

2. Be it further enacted by the General Assembly of Virginia,
That sections three hundred and forty-nine, three hundred and fifty,
three hundred and fifty-one, three hundred and fifty-two, three
hundred and fifty-three, three hundred and fifty-four, three hundred
and fifty-five, three hundred and fifty-seven, three hundred and fifty-
nine, three hundred and sixty, three hundred and sixty-one, three
hundred and sixty-two, three hundred and sixty-three, three hundred
and sixty-four, three hundred and sixty-five, three hundred and sixty-
six, three hundred and sixty-seven, thirty hundred and seventy-four,
and thirty-four hundred and forty-five of the Code of Virginia,
whether heretofore amended or not, and chapter thirteen of the
Acts of nineteen hundred and twenty-four entitled “an act to author-
ize counties to establish county free libraries and reading rooms and
to provide for their operation and maintenance,” and all amendments
thereto, said act and amendments being numbered as sections twenty-
six hundred and ninety-five-a to g of the Virginia Code of nineteen
hundred and thirty and chapter two hundred and thirty-one of the
Acts of nineteen hundred and eighteen entitled, ‘an act to allow
public officials in Virginia, both State and local, to deposit records in
the Virginia State Library,” and all amendments thereto, said act
and amendments being numbered as section three hundred and fifty-
five-a of the Virginia Code of nineteen hundred and thirty, and
chapter two hundred and thirty of the Acts of nineteen hundred and
twenty-eight entitled “an act to provide for the transfer of certain
public records to the State Library Board; to prescribe the duties of
the State Librarian and the State Library Board in connection with
such records, and to appropriate funds to carry out the provisions of
this act,” said act also being designated as section thirty-three hun-
dred and eighty-seven-a of the Virginia Code of nineteen hundred
and thirty, all of said Code sections and acts as they exist prior to
the taking effect of this act, and all Code sections, acts and parts of
acts which are, or may be, in conflict with the provisions of the
Statutes, embraced in the contents of this bill, be and the same are
hereby repealed.