PRINTER'S NO. 1257
No. 1111 Session of 1997
INTRODUCED BY BARD, HERMAN, LESCOVITZ AND COY, APRIL 2, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 2, 1997
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further regulating public records.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Sections 1381, 1383, 1384, 1385, 1386 and 1388 of
6 Title 53 of the Pennsylvania Consolidated Statutes, added
7 December 19, 1996 (P.L.1158, No.177), are amended to read:
8 § 1381. Short title and scope of subchapter.
9 (a) Short title of subchapter.--This subchapter shall be
10 known and may be cited as the Municipal Records Act.
11 (b) Scope of subchapter.--This subchapter applies to the
12 following entities:
13 (1) [Municipal corporations.] A city of the third class,
14 borough, incorporated town, township of the first class,
15 township of the second class, including any municipal
16 corporation as described in this paragraph which has adopted
17 a home rule charter.
18 (2) Municipal authorities created by any municipal
1 corporation which is subject to this subchapter.
2 This subchapter does not apply to cities of the first class,
3 second class or second class A.
4 § 1383. Disposition of public records.
5 Public records[, archives or printed public documents,
6 whether or not in current use, in the custody of any person or
7 office shall be destroyed, sold or otherwise] may be disposed of
8 if the disposition is in conformity with schedules and
9 regulations which are promulgated by the committee as
10 established by section 1385 (relating to Local Government
11 Records Committee).
12 § 1384. Proposed retention and disposal schedules.
13 The commission, in cooperation with the several associations
14 of municipal officials and related Commonwealth agencies, shall
15 make a study of public records and shall prepare proposed
16 retention and [disposal] disposition schedules for submission to
17 the committee for its approval and advise each of them of all
18 applicable operative schedules and prepare updates of these
19 schedules as needed. No such schedule shall be operative unless
20 approved by the committee.
21 § 1385. Local Government Records Committee.
22 (a) Establishment.--There shall be established under the
23 commission the Local Government Records Committee which shall
24 consist of the Auditor General, the State Treasurer, the General
25 Counsel, the Executive Director of the Pennsylvania Historical
26 and Museum Commission, the Secretary of Community [Affairs] and
27 Economic Development and five other members to be appointed by
28 the Governor to represent each of the following municipal
29 associations: the League of Cities, the State Association of
30 Boroughs, the State Association of Township Commissioners, the
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1 State Association of Township Supervisors and the Municipal
2 Authorities' Association. Each ex officio member of the
3 committee may designate in writing a representative to act in
4 place of the member. The Secretary of Community [Affairs] and
5 Economic Development shall serve as chairman, and the executive
6 director of the commission shall serve as secretary. Meetings of
7 the committee shall be at the call of the chairman.
8 (b) Powers and duties.--The committee shall have the powers
9 and duties vested in and imposed upon it by this subchapter and
10 shall promulgate regulations not inconsistent with law necessary
11 to adequately effectuate its powers and duties.
12 § 1386. Effect of approval of schedule.
13 (a) Disposition generally.--Whenever a schedule is approved
14 by the committee, a copy shall be filed with the commission
15 which shall, through appropriate means, notify the entities that
16 the schedule has been approved. Upon such notification, the
17 schedule becomes effective and may be acted upon by them until
18 superseded by a subsequent duly approved schedule. Each entity
19 shall declare its intent to follow the schedule by ordinance or
20 resolution. Each individual act of disposition shall be approved
21 by resolution of the governing body.
22 (b) Disposition of permanent retention records.--Original
23 records scheduled for permanent retention may be disposed of if,
24 in addition to the procedures listed in this section, the entity
25 generates and maintains a copy of the original in conformance
26 with section 1388 (relating to recording and copying records)
27 and receives written permission from the commission to dispose
28 of the records. Written permission from the commission is
29 required only for disposition actions involving records
30 scheduled for permanent retention, records not listed on the
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1 schedules and records selected for transfer to the State
2 Archives.
3 § 1388. [Destruction of original] Recording and copying
4 records.
5 (a) [Destruction authorized.--Whenever any officer,
6 commission or agency has photographed, microphotographed or
7 microfilmed any public record with the approval of and in
8 conformance with standards established by the committee, the
9 original record may be destroyed, provided written consent is
10 given to the destruction or other disposition.] Authorized
11 methods.--Records may be recorded or copied in conformance with
12 section 1 of the act of May 9, 1949 (P.L.908, No.250), entitled
13 "An act relating to public records of political subdivisions
14 other than cities and counties of the first class; authorizing
15 the recording and copying of documents, plats, papers and
16 instruments of writing by photostatic, photographic, microfilm
17 or other mechanical process, and the admissibility thereof and
18 enlargements thereof in evidence; providing for the storage of
19 duplicates and sale of microfilm copies of official records and
20 for the destruction of other records deemed valueless; and
21 providing for the services of the Department of General Services
22 to political subdivisions," and applicable policies, standards
23 and procedures adopted by the committee.
24 (b) Evidence of records.--Upon [destruction or other]
25 disposition of any public records under this [section]
26 subchapter, the [photograph, microphotograph or microfilm or a
27 certified] copy [thereof] shall be receivable in evidence in any
28 court or proceeding and shall have the same force and effect as
29 though the original public record had been produced and proved.
30 Section 2. This act shall take effect in 60 days.
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