THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HANNA, BRENNAN, DENLINGER, DERMODY, HELM, KORTZ, MAHONEY, MENSCH, PICKETT AND SIPTROTH, MARCH 13, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 13, 2009  

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," in county

officers, further providing for location of offices, records

and papers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 405(a) of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, amended October 17,

1974 (P.L.750, No.252), is amended to read:

Section 405.  Location of Offices, Records and Papers.--(a)

(1)  The commissioners, auditors, controller, treasurer,

sheriff, recorder of deeds, prothonotary, clerk of courts of

quarter sessions and oyer and terminer, clerk of orphans' court,

register of wills, recorder of deeds and district attorney shall

keep their respective offices, and all public records and papers

belonging thereto, at the county seat, and in such buildings as

may be erected or appropriated for such purpose. 

(2)  The county commissioners shall have the power to keep

and maintain records and to contract with persons, for storage,

retrieval, and transmission of county records within or outside

the county except that no records shall be stored outside the

county seat without the approval of the president judge and the

officer in charge of the office to which the records belong.

Public records stored outside of the county seat shall be made

accessible to the general public at the county seat by means of

an electronic telecopying system or facility which will permit

the retrieval of the records or exact copies thereof within

three business days.

(3)  County records used on a regular or frequent basis shall

remain in the county seat.

(4)  The county commissioners shall permit the officer in

charge of an office to which records belong to destroy original

records if, prior to their destruction, the records are, at the

discretion of the officer in charge of the office, either

microfilmed and stored outside of the office or converted to

electronic format and stored outside of the office.

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Section 2.  This act shall take effect in 60 days.