PRIOR PRINTER'S NO. 723 PRINTER'S NO. 2026
No. 657 Session of 1995
INTRODUCED BY S. H. SMITH, MERRY, PISTELLA, FARGO, TRELLO, HUTCHINSON, MAITLAND, FLEAGLE, CLARK, SCHRODER, HENNESSEY, HERSHEY, SCHULER, MILLER AND WOZNIAK, FEBRUARY 8, 1995
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 1995
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled 2 "An act relating to counties of the third, fourth, fifth, 3 sixth, seventh and eighth classes; amending, revising, 4 consolidating and changing the laws relating thereto," 5 further providing for the location of certain public offices 6 and public records. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 405 of the act of August 9, 1955 10 (P.L.323, No.130), known as The County Code, amended October 17, 11 1974 (P.L.750, No.252), is amended to read: 12 Section 405. Location of Offices, Records and Papers.--(a) 13 (1) The commissioners, auditors, controller, treasurer, <-- 14 sheriff, recorder of deeds, prothonotary, clerk of courts of 15 quarter sessions and oyer and terminer, clerk of orphans' court, 16 register of wills, recorder of deeds and district attorney shall 17 keep their respective offices, and all public records and papers 18 belonging thereto, at the county seat or in a municipality <-- 19 contiguous to the county seat, and in such buildings as may be
1 erected or appropriated for such purpose. The county 2 commissioners shall have the power to keep and maintain records 3 and to contract with persons, for storage, retrieval, and 4 transmission of county records within or outside the county 5 except that no records shall be stored outside the county seat 6 without the approval of the president judge and the officer in 7 charge of the office to which the records belong. Public records 8 stored outside of the county seat shall be made accessible to 9 the general public at the county seat by means of an electronic 10 telecopying system or facility which will permit the retrieval 11 of the records or exact copies thereof within three business 12 days. 13 (2) County records used on a regular or frequent basis shall <-- 14 remain in the county seat or in a municipality contiguous to the <-- 15 county seat. 16 (A.1) IN ADDITION TO THEIR OFFICES AT THE COUNTY SEAT, THE <-- 17 OFFICERS ENUMERATED IN SUBSECTION (A) MAY MAINTAIN A SATELLITE 18 OFFICE IN ANOTHER MUNICIPALITY WITHIN THE COUNTY. 19 (b) The county commissioners shall furnish each of such 20 officers with an office in the county building, court house or 21 other building at the county seat or AND MAY FURNISH EACH <-- 22 OFFICER WITH AN OFFICE in a building in a ANOTHER municipality <-- 23 contiguous to the county seat WITHIN THE COUNTY. <-- 24 (c) Any person failing or refusing to maintain his office 25 and to keep all public records and papers belonging thereto in 26 the buildings appropriated for such purpose in accordance with 27 the provisions of this section, shall be guilty of a 28 misdemeanor, and, upon conviction thereof, shall be sentenced to 29 undergo imprisonment until he complies with the provisions of 30 this section, or until sooner discharged by order of the court, 19950H0657B2026 - 2 -
1 and to pay a fine not exceeding five hundred dollars ($500), to 2 be paid to the use of the county. 3 Section 2. This act shall take effect in 60 days. A31L16WMB/19950H0657B2026 - 3 -