FYI JTK ----- Original Message ----- From: <janethunter703@aol.com> To: <NCBERTIE-L@rootsweb.com> Sent: Friday, February 07, 2003 4:23 PM Subject: Re: [NCBERTIE] Re: Destruction of Wills > Hello Everyone, > > I posted an email to the Library of Virginia's Va-Roots list (below), and > received a reply that they were meeting on the bill on Monday. > > Janet Hunter > > Subj: Pending VA Legislation & Record Destruction > Date: 2/7/2003 12:16:49 PM Eastern Standard Time > From: <A HREF="mailto:janethunter703">janethunter703</A> > To: <A HREF="mailto:va-roots@listlva.lib.va.us">va-roots@listlva.lib.va.us</A> > > Fellow Virginia Researchers and LVA staff in particular: > > On several Virginia and North Carolina rootsweb email lists there has been > discussion and alarm regarding Senate Bill 818, which passed the Virginia > Senate unanimously on February 4 and is now before the House. This summary > appears at this link. Since it is not a long bill I have pasted it in its > entirety at the end: http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818 > > "Summary as passed Senate: <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818S">(all summaries)</A> > Destruction of will files. Allows the clerk to destroy a will's file along > with the original will after 5 years have passed since probate or recordation > and allows destruction of originals of instruments which have been recorded > and remained unretrieved by the recording party after 6 months, if the > documents are no longer of any value and have been microfilmed." > > There is understanding among list subscribers regarding the origin of the > bill and the problems of storage of original documents. However, there is > concern that there does not appear to be any "instructions" in the bill > (though there may be such in other official committee documents that comprise > the legiislative history) encouraging/advising county courts to offer these > documents to interested parties, such as local historical societies, > libraries, essentially anybody -- not to mention LVA -- before such records > are destroyed. Goodness, I'd think counties could make alot of money simply > selling them! I know I'd certainly consider buying several if made > available. > > It would seem as if all of us who have visited courthouses could soon find > there would be no purpose in doing so because all of the old documents there > could be destroyed. While there is a requirement for microfilming, I > believe all of us who have viewed such films know that often it is necessary > to return to the originals to puzzle words out, view tops/bottoms cut off, > etc. > > I am interested in commentary from LVA staff as to any thoughts on the bill. > Is alarm justified? Are there further moves afoot to amend the legislation > in the House? Is passage a "done deal"? > > If alarm is not justified, (a) will this bill simply advance LVA's collection > of all old records, as the NC State Archives do -- does LVA see its staff > scooping up such documents before deep sixed?; (b) does this bill reflect the > needs of only a select group of counties and the rest would be expected to > maintain their old records; and/or (c) other options? > > Thanks in advance for any comments. > > Best Regards, Janet Hunter > > http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818 > <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818">summary</A> | <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818+pdf">pdf</A> > 030795508 > > SENATE BILL NO. 818 > Offered January 8, 2003 > Prefiled January 6, 2003 > A BILL to amend and reenact § 17.1-213 of the Code of Virginia, relating to > destruction of will files. > ---------- > Patron-- Norment > ---------- > Referred to Committee for Courts of Justice > ---------- > Be it enacted by the General Assembly of Virginia: > 1. That § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213 </A> of the Code of Virginia is amended and reenacted as > follows: > § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213 </A>. Disposition of papers in ended cases. > A. All case files for cases ended prior to January 1, 1913, shall be > permanently maintained in hardcopy form, either in the locality served by the > circuit court where such files originated or in The Library of Virginia in > accordance with the provisions of §§ <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-83">42.1-83</ A> and <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-86">42.1-86</ A>. > B. The following records for cases ending on or after January 1, 1913, may be > destroyed in their entirety at the discretion of the clerk of each circuit > court after having been retained for ten 10 years after conclusion: > 1. Conditional sales contracts; > 2. Concealed weapons permit applications; > 3. Minister appointments; > 4. Petitions for appointment of trustee; > 5. Name changes; > 6. Nolle prosequi cases; > 7. Law and chancery matters that are voluntarily dismissed, including > nonsuits, cases that are dismissed as settled and agreed, cases that are > dismissed with or without prejudice, cases that are discontinued or dismissed > under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-335">8.01-335 </A> and district court appeals dismissed under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-113">16.1-113 </A> prior > to 1988; > 8. Misdemeanor and traffic cases, including those which were commenced on a > felony charge but concluded as a misdemeanor; > 9. Suits to enforce a lien; > 10. Garnishments; > 11. Executions except for those covered in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-484">8.01-484 </A>; > 12. Miscellaneous oaths and qualifications, but only if the order or oath or > qualification is spread in the appropriate order book; and > 13. Civil cases pertaining to declarations of habitual offender status and > full restoration of driving privileges. > C. All other records or cases ending on or after January 1, 1913, may be > destroyed in their entirety at the discretion of the clerk of each circuit > court subject to the following guidelines: > 1. All civil and chancery case files to which subsection D does not pertain > may be destroyed after twenty 20 years from the court order date. > 2. All criminal cases dismissed, including those not a true bill, acquittals > and not guilty verdicts, may be destroyed after ten 10 years from the court > order date. > 3. All criminal case files involving a felony conviction may be destroyed (i) > after twenty 20 years from the sentencing date or (ii) when the sentence term > ends, whichever comes later. > D. Under the provisions of subsections B and C, the entire file of any case > deemed by the local clerk of court to have historical value, as defined in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-77"> > 42.1-77</A>, or genealogical or sensational significance shall be retained > permanently as shall all cases in which the title to real estate is > established, conveyed or condemned by an order or decree of the court. The > final order for all cases in which the title to real estate is so affected > shall include an appropriate notification thereof to the clerk. > E. Except as provided in subsection A, the clerk of a circuit court may cause > (i) any or all ended records, papers, or documents pertaining to law, > chancery, and criminal cases which have been ended for a period of three 3 > years or longer, (ii) any unexecuted search warrants and affidavits for > unexecuted search warrants, provided at least three 3 years have passed since > issued, (iii) any abstracts of judgments, and (iv) original wills and will > files, to be destroyed if such records, papers, documents, or wills no longer > have administrative, fiscal, historical, or legal value to warrant continued > retention, provided such records, papers, or documents have been microfilmed. > Such microfilm and microphotographic process and equipment shall meet state > archival microfilm standards pursuant to § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-82">42.1-82</ A> and such microfilm shall > be placed in conveniently accessible files and provisions made for examining > and using same. The clerk shall further provide security negative copies of > such microfilmed materials for storage in The Library of Virginia. > <A HREF="http://leg1.state.va.us/031/lis.htm">Legislative Information System</A> > > > > > > > > ==== NCBERTIE Mailing List ==== > Bertie County Archives page http://www.rootsweb.com/~usgenweb/nc/bertie.htm > Cemeteries, deeds, military rosters, wills, Bible Records and more. We need your info! > Send to me, Virginia Crilley, varcsix@hot.rr.com > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > >