PRIOR PRINTER'S NO. 2006 PRINTER'S NO. 2883
No. 1730 Session of 1993
INTRODUCED BY PISTELLA, DALEY, GIGLIOTTI, TRELLO, CAWLEY,
COLAIZZO, JOSEPHS, MELIO AND BELFANTI, JUNE 7, 1993
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 6, 1993
AN ACT
1 Amending Title 37 (Historical and Museums) of the Pennsylvania
2 Consolidated Statutes, further providing for documents;
3 establishing the Local Government Records Management
4 Improvement Fund; and imposing an additional recording fee on
5 certain documents.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 305 of Title 37 of the Pennsylvania
9 Consolidated Statutes is amending by adding a paragraph to read:
10 § 305. Documents.
11 The commission shall have the power and duty to:
12 * * *
13 (7) Local Government Records Management Improvement
14 Fund.--Administer all moneys deposited in a nonlapsing fund
15 to be known as the Local Government Records Management
16 Improvement Fund created under section 308 (relating to Local
17 Government Records Management Improvement Fund).
18 Section 2. Title 37 is amended by adding a section to read:
1 § 308. Local Government Records Management Improvement Fund.
2 (a) Creation.--The Local Government Records Management <--
3 Improvement Fund is hereby created.
4 (A) CREATION.--THERE IS HEREBY CREATED THE LOCAL GOVERNMENT <--
5 RECORDS MANAGEMENT IMPROVEMENT FUND FOR THE DEPOSIT OF THE STATE
6 PORTION OF THE FEE AUTHORIZED IN SUBSECTION (E). ALL MONEYS IN
7 THIS FUND ARE HEREBY APPROPRIATED, UPON APPROVAL OF THE
8 GOVERNOR, TO THE COMMISSION FOR THE PURPOSES SET FORTH IN THIS
9 SECTION.
10 (b) Purpose.--All moneys in this fund are hereby <--
11 appropriated to BE USED BY the commission to be used solely for <--
12 the provision of archival and records management services to
13 school districts, to municipalities other than counties and to
14 either county offices represented on the County Records
15 Committee or an equivalent office in a home rule charter county.
16 (c) Limitations on use of moneys.--Specifically, this fund
17 shall be used to support, within the commission the following:
18 (1) Management and operation of a security microfilm
19 storage program.
20 (2) Vital records and disaster recovery services.
21 (3) Educational and training seminars relating to
22 information management.
23 (4) The delivery of professional and technical
24 assistance.
25 (5) The preservation, reproduction and use of
26 historically valuable local records.
27 (6) A records management and archives grant program.
28 (d) Allocation of fund.--The moneys in the fund are hereby <--
29 appropriated to the commission and shall be allocated as
30 follows:
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1 (1) To cover the administrative, equipment, personnel
2 and other program costs required to deliver the fund services
3 as enumerated in subsection (c).
4 (2) All moneys not expended for costs enumerated in
5 paragraph (1) shall be used for the award of records
6 management and archives grants as follows:
7 (i) Eighty percent county offices represented on the
8 County Records Committee or an equivalent office in a
9 home rule charter county.
10 (ii) Twenty percent to municipalities other than
11 counties and to school districts.
12 (3) The commission shall promulgate rules and
13 regulations setting forth criteria and procedures for the
14 award of grants from fund moneys in consultation with the
15 County Records Committee and the Local Government Records
16 Committee.
17 (e) Additional recording fee.--An additional fee of $3 shall
18 be charged and collected by recorders of deeds, or by their
19 equivalent officer in a home rule charter county, for every
20 deed, mortgage or other instrument in writing for which a
21 recording fee is provided. Of that amount, $1 shall be forwarded
22 on a monthly basis to the Department of Revenue for deposit in
23 the fund. The remaining $2 shall be accounted for and paid to
24 the county treasurer or to the equivalent officer in a home rule
25 charter county. Of that $2, $1.50 shall be used by the county to
26 support records management and archival activities and 50¢ shall
27 be used to cover costs associated with the collection and
28 remittance of the fee and to support office records management
29 activities in the office of the recorder of deeds or in its
30 equivalent in a home rule charter county. The money designated
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1 for county use shall be expended in accordance with a
2 comprehensive records management plan based on the goal of
3 standardizing and equalizing the capabilities of all county
4 offices consistent with their need to receive, manage and
5 provide information to the public as efficiently as possible.
6 The plans shall be prepared by the board of county commissioners
7 for each county or by the equivalent office in a home rule
8 charter county in consultation with a committee composed of all
9 elected county officers in each county, except that in a city of
10 the first class, the plans shall be prepared by the mayor with
11 the approval of the city council by resolution.
12 (f) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "County." Any county, including any county operating under a
16 home rule charter or optional plan, and any city of the first
17 class.
18 "Recorder of deeds." The recorder of deeds in any county, or
19 the equivalent office in any county operating under a home rule
20 charter or optional plan, or the equivalent office in any city
21 of the first class.
22 Section 3. This act shall take effect in 60 days.
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