2019 US Virgin Islands Code
Title 3 - Executive
Chapter 33 - Public Records; Fees
§ 883. Depository libraries for public documents and indexes
(a) Statement of policy. To effectuate the territory's public policy to make governmental information available to governmental agencies and to the general public, there are established depository libraries for specified public documents and for indexes to those public records which are not required to be deposited pursuant to this section.
(b) Definitions. As used in this section—
(1) “Territorial Librarian” means the Director of the Division of Libraries, Museums and Archeological Services.
(2) “Depository libraries” means those libraries where, pursuant to this section, public documents and indexes shall be deposited, retained and reproduced upon demand, or made available to the general public and governmental agencies.
(3) “Governmental agency” includes the Legislature, any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the United States Virgin Islands Government in whole or in part.
(4) “Public document” means any public record, regardless of format or purpose, supported in whole or in part by public funds, for distribution by any territorial governmental agency, and which is designated for deposit pursuant to this section, but does not mean inter-office and intra-office memoranda. “Public records” includes printed or audio-visual forms of communication and their accompanying technology.
(5) “Public funds” includes cash, checks, bills, notes, drafts, stocks, bonds and all similar media of exchange which are received or disbursed under law by a governmental agency.
(6) “Publication date” means the earliest date when a copy or copies of the first publication, including preliminary drafts, advance copies, unofficial editions and confidential publications, were placed on sale, donated or exchanged, or made available to any entity outside the publishing governmental agency.
(7) “Library” means any public or private institution which maintains a media of communication collection for loan, internally or externally, including all college or university libraries, public, private or parochial school libraries.
(8) “Recognized newspaper” means any newspaper or publication accepting paid advertisements whose copies are offered for sale, by public subscription or by the copy, or whose copies are distributed without cost to the general public, issued at regular intervals, not to exceed one week.
(c) Designation and deposit of public documents; lawful custodian for purposes of section 881. The Territorial Librarian shall designate those public documents of a governmental agency which shall be deposited in depository libraries pursuant to this section, and shall notify the head of said agency, in writing of said designation.
(1) Each governmental agency shall be responsible for supplying the Territorial Librarian with at least two copies of each public document designated for deposit for each depository library, within five weekdays from the publication date of said public document.
(2) The Territorial Librarian shall be responsible for the subsequent distribution of at least two copies of designated public documents to each depository library within two calendar weeks from the date of receipt of said documents.
(3) For purposes of section 881 of this title, the lawful custodian of a public document designated for deposit shall be—
(A) The governmental agency until it has supplied the Territorial Librarian with the number of copies required by paragraph (1) of this subsection;
(B) The Territorial Librarian, upon receipt from the governmental agency of the number of copies of the public document required by paragraph (1) of this subsection, until deposit of said document in the depository libraries as required by paragraph (2) of this subsection;
(C) Notwithstanding subparagraph (A) or (B) of this paragraph, a depository library shall be considered a lawful custodian of all public documents in its possession.
(d) Index to public records. Each governmental agency shall be responsible for maintaining an index providing identifying information as to any matter issued, adopted or promulgated by said agency, after June 1, 1977, and required by section 881 of this title to be a public record and which is not designated a public document pursuant to subsection (c) of this section. Each governmental agency shall issue such an index four times a year and supply the Territorial Librarian with at least two copies for each depository library. The Territorial Librarian shall deposit at least two copies of each index in each depository library. The Territorial Librarian is authorized and directed to—
(1) review, at least annually, all of the records of governmental agencies to assure that indexes are being provided which are adequate to inform the general public and other governmental agencies of what information is available for inspection; and
(2) instruct and aid governmental agencies in establishing record systems which are standardized to the fullest extent possible.
Each governmental agency shall allow the Territorial Librarian access to agency records at reasonable times, upon fifteen days' notice by the Territorial Librarian to the head of said agency, and shall cooperate fully with the Territorial Librarian and his designee in determining what is an appropriate index. If the head of a governmental agency in good faith believes that the Territorial Librarian should not have access to any public record, he may seek an injunction pursuant to section 881(h) of this title, within ten days of the request by the Territorial Librarian to examine the governmental agency's records.
(e) Quarterly checklist of public documents. The Territorial Librarian shall issue, each fiscal year quarter, a checklist of the documents that have been sent to the depository libraries in the preceding quarter, according to the following schedule:
| Period | Issue Date |
|---|---|
| July 1 to September 30 | October 31 |
| October 1 to December 31 | January 31 |
| January 1 to March 31 | April 30 |
| April 1 to June 30 | July 31 |
(f) Duplication fee. Notwithstanding section 881(c) of this title, neither the Territorial Librarian nor a depository library shall charge any fee for examining a public document other than a reasonable fee for making a duplicate copy of the document.
(g) Depository libraries. The depository libraries shall include the St. Thomas Campus Library of the University of the Virgin Islands, the St. Croix Campus Library of the University of the Virgin Islands, the Enid M. Baa Library on the Island of St. Thomas, the Florence Williams Public Library on the Island of St. Croix, the Cruz Bay Public Library on the Island of St. John and any additional libraries designated as depository libraries by the Territorial Librarian.
(h) Court records excluded. This section shall not apply to records of the courts of the Virgin Islands.
