Regular Session 2017-2018 House Bill 0640 P.N. 0677

PRINTER'S NO. 677

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

640

Session of

2017

INTRODUCED BY BARRAR, DUNBAR, IRVIN, KAUFFMAN, LAWRENCE,

MICCARELLI, NEILSON, PICKETT AND SAYLOR, FEBRUARY 27, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 27, 2017

AN ACT

Amending Titles 11 (Cities), 18 (Crimes and Offenses), 37

(Historical and Museums), 42 (Judiciary and Judicial

Procedure), 45 (Legal Notices), 53 (Municipalities

Generally), 68 (Real and Personal Property) and 75 (Vehicles)

of the Pennsylvania Consolidated Statutes, eliminating the

Pennsylvania Historical and Museum Commission and

transferring the powers and duties of the commission to the

Department of Conservation and Natural Resources; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 12436 of Title 11 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 12436. Historical property.

Council may acquire, by purchase or gift, repair, supervise,

operate and maintain landmarks and other historical properties

that are either eligible for listing or listed in the National

Historical and Museum Commission] Department of Conservation and

Natural Resources as having historical significance.

Section 2. Sections 5509(b) and 7506(a) of Title 18 are

amended to read:

§ 5509. Desecration, theft or sale of venerated objects.

* * *

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Desecrate." Defacing, damaging, polluting or otherwise

physically mistreating in a way that the actor knows will

outrage the sensibilities of persons likely to observe or

discover the action.

"Historic burial lot." An individual burial site within a

historic burial place.

"Historic burial place." A tract of land which has been:

(1) in existence as a burial ground for more than 100

years; or

(2) listed in or eligible for the National Register of

Historic Places as determined by the [Pennsylvania Historical

and Museum Commission] Department of Conservation and

National Resources.

§ 7506. Violation of rules regarding conduct on Commonwealth

property.

(a) Promulgation of rules and regulations.--The Department

of Environmental Resources, Pennsylvania Game Commission and

[Pennsylvania Historical and Museum Commission] Department of

Conservation and Natural Resources may promulgate rules and

regulations governing conduct, other than conduct regulated in

section 7505 (relating to violation of governmental rules

regarding traffic), on Commonwealth property within the

jurisdiction of that agency. Such rules and regulations shall be

reasonably related to the preservation and protection of such

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property for its specified or intended use, or to promote the

welfare, safety or protection of those persons using such

property, shall be consistent with existing law and shall be

posted in a manner reasonable likely to come to the attention of

persons using such property.

* * *

Section 3. Section 9540(a) of Title 18, added November 3,

2016 (P.L.1016, No.131), is amended to read:

§ 9540. Custody of records of independent counsel.

(a) Transfer of records.--Upon termination of the office of

independent counsel, that independent counsel shall transfer to

the [Bureau of the Pennsylvania State Archives of the

Pennsylvania Historical and Museum Commission] Department of

Conservation and Natural Resources all records which have been

created or received by that office. Before this transfer, the

independent counsel shall clearly identify which of these

records are subject to the Pennsylvania Rules of Criminal

Procedure as grand jury materials.

* * *

Section 4. Section 102(2) of Title 37 is amended to read:

§ 102. Declaration of policy.

It is hereby determined and declared as a matter of

legislative finding and policy that:

* * *

(2) The conservation of Pennsylvania's historic and

natural heritage and the preservation of public records,

historic documents and objects of historic interest, and the

identification, restoration and preservation of

architecturally and historically significant sites and

structures are duties vested primarily in the [Pennsylvania

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Historical and Museum Commission] Department of Conservation

and Natural Resources.

* * *

Section 5. The definitions of "commission," "executive

director," "historic property," and "Pennsylvania Register of

Historic Places" in section 103 of Title 37 are amended and the

section is amended by adding definitions to read:

§ 103. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

["Commission." The Pennsylvania Historical and Museum

Commission of the Commonwealth.

"Executive director." The executive director of the

commission.]

"Department." The Department of Conservation and Natural

Resources of the Commonwealth.

* * *

"Historic property." Any historical building, ground,

monument or cultural remain committed by statute to the custody

of the [commission] department.

* * *

"Pennsylvania Register of Historic Places." A selected

inventory of historic resources determined by the [commission]

department to be significant in the history, architecture,

archaeology or culture of this Commonwealth, its communities or

the nation.

20170HB0640PN0677 - 4 -

* * *

"Secretary." The Secretary of Conservation and Natural

Resources.

* * *

Section 6. Section 104 of Title 37 is repealed:

[§ 104. Pennsylvania Historical and Museum Commission.

(a) Membership.--The Pennsylvania Historical and Museum

Commission shall consist of the Secretary of Education, or his

designee; nine residents of this Commonwealth appointed by the

Governor with the advice and consent of a majority of the

members elected to the Senate; and four members of the General

Assembly, or their designees, two from the Senate, one of whom

shall be appointed by the President pro tempore and one by the

Minority Leader, and two from the House of Representatives, one

of whom shall be appointed by the Speaker and one by the

Minority Leader.

(b) Term of office.--A member appointed from the General

Assembly shall serve for a term to expire with his concurrent

term as a legislator and shall serve until a successor is

appointed and qualified, unless he is not elected for the next

succeeding term as a member of the General Assembly, in which

case a vacancy shall occur. Members other than the members of

the General Assembly shall serve for a term of four years and

shall serve until a successor is appointed and qualified.

Governor to serve as chairman of the commission.

(d) Quorum.--Eight members shall constitute a quorum.

(e) Attendance at meetings.--A member who fails to attend

three consecutive meetings shall forfeit his seat unless the

chairman of the commission, upon written request from the

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member, finds that the member should be excused from a meeting

because of illness or the death of an immediate family member.

(f) Public hearings.--The commission shall hold public

hearings in various locations throughout this Commonwealth at

such places and times as it may deem appropriate.

(g) Executive director.--The commission shall appoint an

executive director who shall attend to the administrative work

of the commission. The executive director shall serve at the

pleasure of the commission, which shall fix his compensation,

subject to the approval of the Governor. No member of the

commission or person who has served as a member of the

commission within one year shall be eligible for appointment as

executive director.

(h) Historical Preservation Fund.--The money collected by

the commission from all fees, sales and other activities shall

be paid into the State Treasury through the Department of

Revenue and credited to the Historical Preservation Fund.

Collections shall include the proceeds from the sale of historic

properties. The money in the fund may be used by the commission

and is hereby appropriated to it in exercising its powers and

performing its duties as set forth in this title.]

Section 7. Title 37 is amended by adding a section to read:

§ 105. Historical Preservation Fund.

The money collected by the department from all fees, sales

and other activities shall be paid into the State Treasury

through the Department of Revenue and credited to the Historical

Preservation Fund. Collections shall include the proceeds from

the sale of historic properties. The money in the fund may be

used by the department and is hereby appropriated to it to

exercise its powers and perform its duties as set forth in this

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title.

Section 8. The heading of Chapter 3 and sections 301

introductory paragraph and (2), 302 introductory paragraph, (1),

(3), (5), (6), (8), (9), (10), (12) and (14), 303 introductory

paragraph and (4), 304 introductory paragraph, (1), (3) and (4),

305 introductory paragraph, (2), (3), (5) and (6), 306, 502

heading, introductory paragraph and (2), 504(a), 505, 506, 507,

508, 509, 510, 511, 512, 701, 702 introductory paragraph, 705

and 903 of Title 37 are amended to read:

CHAPTER 3

POWERS AND DUTIES OF [PENNSYLVANIA

HISTORICAL AND MUSEUM COMMISSION] DEPARTMENT OF

CONSERVATION AND NATURAL RESOURCES

§ 301. General powers and duties.

The [commission] department shall have the power and duty to:

* * *

(2) Preserve public records, historical documents and

objects of historical interest, possession and control of

which have been transferred to the [commission] department.

* * *

§ 302. Specific powers and duties.

The [commission] department shall have the power and duty to:

(1) Pecuniary gifts.--Accept, on behalf of the

Commonwealth, gifts and bequests, including securities, for

the endowment of its work in accordance with the instructions

of the donors and in conjunction with the Governor and State

Treasurer, who shall, together with the [members of the

commission] department, constitute a body of trustees for the

care of these funds. These trustees shall invest the funds in

bonds of the Commonwealth or any of its political

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subdivisions and employ the interest and income from these

investments for the purposes of the [commission] department

or apply these funds to the uses specified by the respective

donors of the funds. Any donor of money or other property may

specify that the donation shall be held in the form acquired,

or shall be invested in or converted into some other specific

property or class of investment, in which case the trustees

shall be relieved of all liability which may result from the

imprudent investment of the money so long as they comply with

the instructions of the donor.

(2) Independent and cooperative services or programs.--

Upon its own initiative or in cooperation with historical

societies or organizations, conduct investigations upon

historical or archaeological matters relative to this

Commonwealth and report the findings for public information;

with the approval of the Governor, enter into agreements with

responsible historical associations, foundations and similar

private organizations or with Federal agencies or public

agencies of other states in order to carry on services or

programs.

(3) Archaeological and anthropological investigations.--

Examine, or cause to be examined, research or excavate the

occupation or activity sites or areas and the cultural

material remains of Native American, Colonial American and

more recent American cultures in this Commonwealth, under the

professional direction of the [commission] department through

the techniques of archaeology, anthropology and history;

acquire, by purchase, gift or fieldwork, archaeological or

anthropological collections of objects and data relative to

the cultural history of this Commonwealth; conduct, or cause

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to be conducted, archaeological site surveys to locate,

catalog, assess and permanently record these historic

resources throughout this Commonwealth; maintain a central

repository for map locations and written descriptions of such

sites and historic resources; conduct, or cause to be

conducted, research upon the cultural objects and data

related to the cultural history of this Commonwealth and

interpret the results of the research in scientific and

popular publications, exhibits and special educational

programs for the public; and undertake appropriate

conservation, research, restoration and storage of all

material items and data relative to the cultural heritage of

this Commonwealth, which accrue to the archaeological and

anthropological collections of the [commission] department.

(4) Cooperation with qualified historical or

archaeological societies.--Cooperate with any qualified

historical or archaeological society in investigations of

historical or archaeological matters relating to this

Commonwealth and in arranging, cataloging, displaying and

microfilming collections of historical papers and documents,

and objects or materials relative to the natural or cultural

history of this Commonwealth, and otherwise encourage their

activities.

(5) Historical commemorations.--Develop, coordinate and

carry out plans for celebrations commemorating important

historical events, which shall be selected by the

[commission] department or the General Assembly upon passage

of a concurrent resolution, in cooperation with qualified

historical or archaeological societies and other responsible

organizations.

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(6) Geographic names.--Determine all unsettled questions

concerning geographic names which arise in any department and

determine the names of mountains, rivers, creeks and other

topographic features in this Commonwealth. In the exercise of

its powers and the performance of its duties under this

paragraph, the [commission] department shall cooperate with

the United States Board on Geographic Names.

(7) Procurement of expert advice.--Consult with or

procure the advice of experts in archaeology, anthropology,

history, historical restoration, archival management, museum

work or other fields related to its activities, compensate

them for their services and establish committees of experts

as needed to procure the advice.

(8) Museum assistance and local history grant program.--

Establish and administer the museum assistance and local

history grant program. The [commission] department shall be

required to approve all individual grants. All such grants

shall be subject to audit review by the [commission]

department.

(9) Advisory boards.--Create such advisory boards as the

[commission] department may deem appropriate to perform

duties designated by the [commission] department. The names

of proposed members of such advisory boards shall be

submitted to the Governor for approval.

(10) Police powers.--Exercise the police powers

necessary to enforce the law, including the rules and

regulations of the [commission] department. Authorized

employees shall have full power to make arrests, with or

without warrant, for all violations of law which they may

witness upon the premises of any historic property to which

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they are assigned and may serve and execute warrants issued

by proper authorities for any violation of law committed

thereon.

(11) Rules and regulations.--Promulgate rules and

regulations necessary for the implementation of its powers

and duties.

(12) Annual reports.--Annually transmit to the State

Government Committees of the House of Representatives and the

Senate a report which includes the following:

(i) A summary of the overall condition of museums

and historic sites and holdings, including staffing

levels and site visits by senior management personnel.

(ii) A report on the operation of the Conservation

Center.

(iii) A summary of all publications completed by the

[commission] department during the prior year.

(iv) A summary of collection deaccessioning

activities.

(v) A summary of the progress in computerization of

collections and inventories.

(13) Hold harmless authority.--Hold the Federal

Government harmless from damages due to construction,

operation and maintenance of the Erie Harbor East Canal Basin

dredging project under the Water Resources Development Act of

1986 (Public Law 99-662, 33 U.S.C. § 2213(j)), except for

damages due to the fault or negligence of the Federal

Government or its contractors.

(14) Publications.--To sell to the public, at a store or

by other methods, any publications selected by the

[commission] department for sale and published by any

20170HB0640PN0677 - 11 -

department, board, commission or officer of the Commonwealth,

except documents published for the Governor and the General

Assembly which shall be distributed by the Governor and the

General Assembly without charge. To administer this

paragraph, the [commission] department may publish, for free

distribution, a price list showing the publications which the

[commission] department is prepared to sell to the public and

the charges for each publication. The [commission] department

shall transfer at least annually, to the fund from which the

cost of the publication was paid, the actual cost of

production of any publications sold during that period. Any

remaining proceeds from the sale of a publication by the

[commission] department shall be deposited in the Historical

Preservation Fund.

§ 303. Sites.

The [commission] department shall have the power and duty to:

* * *

(4) Preservation and restoration of historical and

archaeological sites.--Undertake the preservation or

restoration of public buildings, military sites or monuments

connected with the history of this Commonwealth; contract

with political subdivisions, historical societies or other

associations, with proper bond or security, for the

maintenance of these building sites or monuments as a

consideration for assistance in their erection, restoration,

preservation or marking by the [commission] department; and

take title to sites of historical markers in the name of the

Commonwealth.

* * *

§ 304. Personal property.

20170HB0640PN0677 - 12 -

The [commission] department shall have the power and duty to:

(1) Historical artifacts.--Acquire or accept on behalf

of the Commonwealth through gifts or bequests, objects or

other articles of historical, archaeological, maritime,

natural or geological interest which shall be deposited in

the State Museum or, at the discretion of the [commission]

department, at historic sites and museums committed to its

custody or in any other storage facilities as are available

to and approved by the [commission] department. The

[commission] department may inspect surplus property in the

possession of other Commonwealth agencies and receive this

property as an historic resource.

(2) Exhibition of objects.--Conduct under accepted

professional practices the management and exhibition of

objects; acquire by purchase, gift, loan, bequest or other

lawful transfer objects relating to the culture of this

Commonwealth and examine, research, catalog and preserve

them; manage, care and exhibit these objects in the areas of

natural history, geology, military history, decorative arts,

history, maritime history, fine arts, science, industry and

technology; select and designate the objects to be exhibited

in museums and historic sites in this Commonwealth, including

the State Museum; interpret the results of such management

and exhibition of objects in museum and academic

publications, exhibits and special educational programs for

the public; and undertake appropriate professional

conservation, restoration and storage of all objects and

material items relative to the history of this Commonwealth.

(3) Lending historic resources.--Lend to any other

museum, archival repository, historical society or other

20170HB0640PN0677 - 13 -

reliable organized group of an educational nature any

objects, articles of historical interest, manuscripts,

documents or other material committed to its custody. The

[commission] department shall adopt rules and regulations to

provide adequate security for the safe return of the

material, which shall include provision for full insurance

protection of the loaned material.

(4) Sale or other disposition.--Exchange or otherwise

dispose of material with other museums, archival

repositories, historical societies or other reliable

organized groups of an educational nature; and sell at public

auction historical artifacts, pursuant to its rules and

regulations, provided that an historical artifact shall not

be sold at public auction unless the [commission] department

has determined that the exchange or disposal of that artifact

by the other means authorized by this paragraph is not

feasible and that the property would not be beneficial to the

[commission] department if it were used other than as an

artifact. If the original donor was an individual, the

original donor shall be notified, if he can be located, and,

if the original donor is deceased, his children shall be

notified, if they can be located, and be given an opportunity

to reacquire the object, prior to its being offered at

auction. If the original donor was not an individual, the

original donor shall be notified, if it or its successor can

be located, and be given an opportunity to reacquire the

object, prior to its being offered at auction. The

opportunity of an original donor to reacquire an object shall

not be construed to diminish the [commission's] department's

control over an historical artifact subsequent to its

20170HB0640PN0677 - 14 -

acquisition by the [commission] department and prior to its

disposition. These sales shall be conducted by the Department

of General Services. Income produced through these sales

shall be paid into the State Treasury through the Department

of Revenue and credited to the Historical Preservation Fund

and allocated solely for collection acquisition or

conservation purposes. No unique object, article, manuscript,

document or other material, which is of special significance

to the history of this Commonwealth, shall be sold.

(5) Notice requirements.--Give written notice of the

proposed sale, including a description of the artifact and

its condition, and the name and last known address of the

donor shall be transmitted to the chairmen of the State

Government Committees of the House of Representatives and of

the Senate, respectively, before any historic artifact shall

be sold pursuant to paragraph (4).

§ 305. Documents.

The [commission] department shall have the power and duty to:

(1) Research on Commonwealth documents.--Examine and

copy or microfilm any public records within the control of a

Commonwealth agency for the purposes of historical research.

(2) Preservation of public records.--Preserve all public

records throughout this Commonwealth and give special

attention to the preservation of all records of the

Commonwealth not in current use and of historical value;

negotiate for the transfer and receipt of public records from

any Commonwealth agency or political subdivision; and provide

for the disposition of records not needed or useful in the

transaction of current or anticipated future work of the

Commonwealth under section 524 of the act of April 9, 1929

20170HB0640PN0677 - 15 -

(P.L.177, No.175), known as The Administrative Code of 1929.

The [commission] department shall be the legal custodian of

any public records transferred to it by any Commonwealth

agency or political subdivision. The head of any Commonwealth

agency or political subdivision may transfer to the

[commission] department public records legally in his custody

not needed for the transaction of the business of the office

whenever the [commission] department is willing to receive

and care for them.

(3) Management of historical documents.--Collect,

classify, preserve and make available for reference all

records which may come into its possession with the

exceptions indicated by the [commission] department; and

examine the condition of the public records, books,

pamphlets, documents, manuscripts, archives, maps and papers

filed or recorded in any Commonwealth agency or political

subdivision. The [executive director] secretary or any

employees authorized by him shall have reasonable access to

all public records in this Commonwealth for the purpose of

examining them and shall report to the [commission]

department on their condition.

(4) Regulation of Commonwealth records.--Recommend such

action be taken by the persons having the care and custody of

public records as may be necessary to secure their safety and

preservation; cause all laws relating to public records to be

enforced; and recommend and enforce uniform standards

governing the use of paper, ink and filing procedure for all

records and papers of Commonwealth agencies and political

subdivisions that are considered of permanent historical

importance.

20170HB0640PN0677 - 16 -

(5) Certificates relating to public records.--Furnish

certificates relating to public records, or copies thereof,

upon the payment of fees established by the [commission]

department or otherwise fixed by law.

(6) Land records.--Maintain and preserve:

(i) Records of the first titles acquired by the

proprietaries and the Commonwealth to all the lands

within its boundaries.

(ii) Records of all lands and conveyances from the

proprietaries and the Commonwealth to the purchasers of

the land.

(iii) Papers relating to the surveys of this

Commonwealth and county lines and the reports of

[commissioners] the department relating to the boundary

lines of this Commonwealth.

(iv) Maps and other papers pertaining to the

colonial history of this Commonwealth.

(v) Contracts, section profile maps and other

records relating to public works.

(vi) All other relevant records relating to titles

of real estate acquired by the Commonwealth.

§ 306. Publications and reproductions.

The [commission] department shall have the power and duty to:

(1) General.--Publish or republish, either through the

Department of General Services or cooperatively by and with

private historical organizations, materials of historical or

archaeological interest; compile, edit and print these

publications; enter into agreements with publishers to

subsidize the publication of books on Pennsylvania history,

archaeology, anthropology, art, cartography, folklore and

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other cultural elements of Pennsylvania's heritage by

agreeing to purchase a sufficient number to make publication

possible, but these agreements shall be subject to the

approval of the Governor and the State Treasurer; produce or

reproduce facsimiles of historical material and enter into

agreements to subsidize the manufacture of facsimiles of

historical material by agreeing to purchase a sufficient

number to make manufacture possible, but these agreements

shall be subject to the approval of the Governor and the

State Treasurer; sell publications, reprints of publications,

reproductions or replicas, postcards and souvenirs of an

historical nature at the State Museum and at the other

historic properties and museums administered by the

[commission] department; and sell to the public any

publications selected by the [commission] department for sale

and published by any department, board, commission or officer

of the Commonwealth.

(2) Official repositories.--Establish one official

repository for its publications from among the qualified

historical or archaeological societies within each of the

geographic areas established and defined by the Department of

Community Affairs as "Standard Regions." The Pennsylvania

State Library and the Library of Congress shall also be

official repositories for [commission] department

publications.

(3) Disposition of [commission] department

publications.--Make one copy of each [commission] department

publication available at cost to all qualified historical or

archaeological societies; and deliver one copy of each

[commission] department publication without charge to each

20170HB0640PN0677 - 18 -

official repository. [The commission] For the purposes of

this title, the department is excluded from the provisions of

section 2406 of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

(4) Proprietary rights to subscription lists.--Maintain

proprietary rights over subscriber, membership or address

lists that it creates which are excluded from provisions of

the act of June 21, 1957 (P.L.390, No.212), referred to as

the Right-to-Know Law.

§ 502. Powers and duties of [commission] department.

In addition to the powers and duties provided in Chapter 3

(relating to powers and duties of [Pennsylvania Historical and

Museum Commission] Department of Conservation and Natural

Resources), the [commission] department shall have the power and

duty to:

* * *

(2) Compile, maintain, revise and publish a selected

inventory of significant historic resources in this

Commonwealth, to be known as the Pennsylvania Register of

Historic Places, pursuant to criteria of significance

approved by the [commission] department.

* * *

§ 504. Historic Preservation Board.

(a) Membership.--The board shall be composed of no less than

nine residents designated by the [commission] department,

pursuant to recommendations by the [executive director]

secretary with the approval of the Governor. The board shall

include at least one member with demonstrated competence in each

of the following disciplines: architecture, archaeology,

architectural history, history and historic preservation.

20170HB0640PN0677 - 19 -

* * *

§ 505. Powers and duties of board.

The Historic Preservation Board shall have the power and duty

to:

(1) Advise the [commission] department on criteria of

significance for inclusion of historic resources on the

Pennsylvania Register of Historic Places.

(2) Review and recommend nominations of historic

resources to the National Register of Historic Places.

(3) Review and comment upon the [commission's]

department's comprehensive preservation plan for historic

resources within this Commonwealth.

(4) Undertake any other activity determined by the

[commission] department to be necessary or desirable for the

preservation of historic resources.

§ 506. Archaeological field investigations on Commonwealth

land.

(a) Right to conduct field investigations.--The Commonwealth

reserves the exclusive right to conduct archaeological field

investigations on archaeological resources owned or controlled

by it, in order to protect and preserve archaeological specimens

and information. The specimens and information shall remain the

property of the Commonwealth and shall be utilized for

scientific and public educational purposes.

(b) Responsibility of [commission] department.--The

[commission] department shall be responsible for the

preservation, protection and proper investigation of

archaeological resources located on land owned or controlled by

the Commonwealth, including any submerged land owned or

controlled by the Commonwealth.

20170HB0640PN0677 - 20 -

department shall conduct surveys and prepare maps of

archaeological resources located on lands in this Commonwealth

and may make available the results of these surveys to the

Federal Government, Commonwealth agencies and political

subdivisions conducting activities which would affect these

archaeological resources. The [commission] department shall have

and maintain proprietary rights over the maps and surveys

indicating the location of archaeological resources or

archaeological field investigations that have been inventoried

or surveyed. These maps and surveys are excluded from the

provisions of the act of June 21, 1957 (P.L.390, No.212),

referred to as the Right-to-Know Law. The [commission]

department shall make available in writing, within 30 days of a

request, site location information based on recorded material

evidence of the [commission] department to Commonwealth

agencies, political subdivisions, owners of the site, potential

buyers of the site and agents of the site owner with a

demonstrated need to know. The failure of the [commission]

department to provide this written response shall release the

requestor from any further duties under this [act] title.

(d) Permits for field investigations.--The [commission]

department may issue permits for archaeological field

investigations, subject to any restraints and conditions it

prescribes, if the investigation is undertaken with the purpose

of disseminating the knowledge gained and if the applicant

agrees to submit to the [commission] department a summary

written report of the investigation, containing relevant maps,

documents, drawings and photographs. All archaeological

specimens collected pursuant to a permit issued under this

20170HB0640PN0677 - 21 -

subsection shall be the exclusive property of the Commonwealth,

and the [commission] department shall make appropriate

arrangements for their disposition and study.

§ 507. Cooperation by public officials with the [commission]

department.

(a) General rule.--Commonwealth agencies, political

subdivisions and municipal authorities shall cooperate fully

with the [commission] department in the preservation, protection

and investigation of archaeological resources and to that end

shall:

(1) Notify the [commission] department before

undertaking any Commonwealth or Commonwealth-assisted

permitted or contracted projects that may affect

archaeological sites.

(2) Notify the [commission] department when they become

aware of any undertaking in connection with any Commonwealth

or Commonwealth-assisted permitted or contracted project,

activity or program which affects or may affect an

archaeological site, and provide the [commission] department

with information concerning the project, program or activity.

(b) Survey or investigation by [commission] department.--

(1) Upon a determination by the [commission] department

that any Commonwealth or Commonwealth-assisted permitted or

contracted project may adversely affect an archaeological

site, the [commission] department may conduct or cause to be

conducted through an agent, subcontractor or other person an

archaeological survey only when the [commission] department,

based on recorded material evidence, determines that the site

is a significant archaeological site. A written determination

shall be made by the [commission] department within 15 days

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of receipt of a notification by a Commonwealth agency under

subsection (a), provided that until January 1, 1997, such

written determination shall be made by the [commission]

department within 30 days of receipt of such notification.

(2) If an archaeological survey is determined necessary

by the [commission] department, it shall be completed within

60 days of the determination, except that the [commission]

department may notify the project applicant that an

additional 30 days may be required when the determination is

made during the months of December, January and February.

(3) No later than 15 days after completion of an

archaeological survey and only in exceptional circumstances,

the [commission] department may determine in writing that an

archaeological field investigation, also known as phase three

archaeological research or data recovery, is necessary to

recover archaeological data. The archaeological field

investigation shall be completed within 90 days of the

determination required under this paragraph, except that an

additional 30 days may be required when the determination is

made during the months of December, January and February.

(4) Failure of the [commission] department to render a

determination within the period allowed in either paragraph

(1) or (3) shall be deemed to be a determination that a

survey or investigation is not necessary. The failure of the

[commission] department to complete an archaeological survey

or field investigation within the time limits specified in

paragraphs (2) and (3) shall release the project applicant

from any further duties under this title, unless the

applicant agrees in writing to a specific time extension.

(5) The [commission] department shall conduct or cause

20170HB0640PN0677 - 23 -

to be conducted through an agent, subcontractor or other

person and pay any costs associated with an archaeological

survey or field investigation determined necessary by the

[commission] department under this section, except for the

following:

(i) Projects of other State agencies and

instrumentalities.

(ii) Projects on Commonwealth lands.

(iii) Projects of publicly regulated utilities.

(iv) Archaeological surveys and field investigations

required under Federal law.

(6) The [commission] department shall pay the political

subdivision's and municipal authority's share of any costs

associated with any archaeological survey or field

investigation conducted or required by the [commission]

department on locally owned highways and bridge projects if

the project is being undertaken solely with State or local

funds.

(7) The [commission] department under no circumstances

shall require, conduct or cause to be conducted through an

agent, subcontractor or other person an archaeological survey

or field investigation on private property without the

consent of the property owner and only under the notice and

deadline procedures established under this section.

(8) All determinations by the [commission] department

under this section shall be subject to the provisions of

Title 2 (relating to administrative law and procedure).

§ 508. Interagency cooperation.

(a) Responsibilities of Commonwealth agencies.--Commonwealth

agencies shall:

20170HB0640PN0677 - 24 -

(1) Consult the [commission] department before

demolishing, altering or transferring any property under

their ownership or control that is or may be of historical,

architectural or archaeological significance.

(2) Seek the advice of the [commission] department on

possible alternatives to the demolition, alteration or

transfer of property under their ownership or control that is

on or may be eligible for the Pennsylvania Register of

Historic Places.

(3) Initiate measures and procedures to provide for the

maintenance by means of preservation, rehabilitation or

restoration of historic resources under their ownership or

control that are listed on or are eligible for the

Pennsylvania Register of Historic Places.

(4) Institute procedures and policies to assure that

their plans, programs, codes, regulations and activities

contribute to the preservation and enhancement of all

historic resources in this Commonwealth. However, nothing in

this title shall be construed as conferring on the

[commission] department the authority to delay, deny,

condition or limit or cause to be delayed, denied,

conditioned or limited any permits which would otherwise be

issued by a Commonwealth agency beyond those time frames

specified in section 507 (relating to cooperation by public

officials with the [commission] department), unless the

applicant agrees in writing to such condition, limit or time

extension. An applicant is prohibited from utilizing a permit

or license in any manner that would impair or interfere with

the performance of an archaeological survey or field

investigation until the expiration of the time frames in

20170HB0640PN0677 - 25 -

section 507 or until receiving written notification from the

[commission] department that its archaeological survey or

investigation is completed, whichever is sooner. Commonwealth

agencies likewise are, in the absence of specific statutory

language in their enabling or regulatory statutes, prohibited

from stopping the processing or denying a permit solely

because of the possible or actual presence of archaeological

resources.

(5) Submit the procedures and policies described in

paragraphs (3) and (4) to the [commission] department for

review and comment.

(b) Limitation.--Nothing under this [act] title shall confer

power upon a political subdivision or municipal authority to

delay, deny, condition or limit or cause to be delayed, denied,

conditioned or limited any permit or approval because of failure

to comply with this [act] title.

§ 509. Transfer of Commonwealth land involving historic

resources.

Commonwealth agencies shall give the [commission] department

timely notice of proposed transfers of real property owned or

controlled by the Commonwealth. Upon recommendation of the

[commission] department, Commonwealth agencies may condition the

transfer and may execute covenants, deed restrictions or other

contractual arrangements which will most likely result in the

preservation of any historic resources located on or under the

property to be transferred.

§ 510. Approval of construction affecting historic resources.

The [commission] department shall be consulted on the design

and proposed location of any project, building or other

undertaking financed in whole or in part by Commonwealth funds

20170HB0640PN0677 - 26 -

which may affect the preservation and development of a district,

site or building listed on or eligible for the Pennsylvania

§ 511. Criminal penalties.

A person who conducts a field investigation on any land or

submerged land owned or controlled by the Commonwealth, without

first obtaining a permit from the [commission] department, or a

person who appropriates, defaces, destroys or otherwise alters

any archaeological site or specimen located upon lands owned or

controlled by the Commonwealth, except in the course of

activities pursued under the authority of a permit granted by

the [commission] department, commits a misdemeanor of the third

degree and shall, upon conviction, be sentenced to pay a fine of

not more than $2,500 or to imprisonment for not more than one

year, or both. In addition, such person shall forfeit to the

Commonwealth all archaeological specimens collected or excavated

together with any photographs and records relating to such

specimens.

§ 512. Enforcement of historic preservation laws and policies.

The Attorney General, the [commission] department, any

political subdivision, person or other legal entity may maintain

an action in an administrative tribunal or court for the

protection or preservation of any historic resource in this

Commonwealth.

§ 701. Title to historic property.

(a) General rule.--Unless otherwise provided by statute with

respect to particular historic property, the title to historic

property shall be taken in the name of this Commonwealth and

shall, before its acquisition, be certified by counsel for the

[commission] department.

20170HB0640PN0677 - 27 -

(b) Leases.--

(1) For purposes of historic preservation, or for

educational, recreational or agricultural purposes, or for

parking areas or concessions for the convenience and comfort

of the public, the [commission] department may lease historic

property for a period not to exceed five years to any person

or organization of the Commonwealth. The [commission]

department shall lease the property in the following manner:

(i) Those sites and museums which have nonprofit

allied groups whose purpose is related to the educational

mission of a particular property shall receive special

contract preference. In those instances where the above

criteria is met, the [commission] department shall be

permitted to enter into a lease without competitive

bidding.

(ii) When the criteria enumerated in subparagraph

(i) are not met, sites and museums are to be leased in

accordance with competitive bidding procedures, i.e. open

to all profit and nonprofit organizations. All requests

for bid proposals, as well as the leases, shall contain

restrictions protecting the historical integrity of the

site, insuring that appropriate historical preservation

standards are maintained and require appropriate

insurance coverage by the lessee.

(2) If a substantial capital investment is involved, the

[commission] department may, with the approval of the

Governor, enter into such leases for that period required

under sections 48(g)(2)(B)(vi) and 168(c) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 48,

168) relating to investment tax credit for historic

20170HB0640PN0677 - 28 -

preservation.

(3) The [commission] department shall monitor those

leased properties to insure they are being managed in

accordance with State law.

(4) The [commission] department may lease historic

property to a political subdivision willing to assume total

fiscal and management responsibility for a period of time up

to 99 years, provided that such leases contain restrictions

protecting the historical integrity of the site, insuring

that appropriate historical preservation standards are

maintained and require appropriate insurance coverage by the

lessee.

§ 702. Powers over certain historic property.

In addition to all other powers vested in the [commission]

department by this title or other statute, the [commission]

department shall exercise all powers conferred on it by law with

respect to the historic properties known as:

* * *

§ 705. United States Brig Niagara.

(a) Official flagship of Pennsylvania.--The restored United

States Brig Niagara shall be the official flagship of

Pennsylvania. It shall be known as the "Flagship of

Pennsylvania" and its home port shall be Erie, Pennsylvania.

(b) Powers and duties of the [commission] department.--The

[commission] department shall have the power and duty to:

(1) Cooperate with the Department of Military Affairs,

the United States Navy and other appropriate organizations in

commemorating significant events of our naval and maritime

heritage.

(2) Sail the United States Brig Niagara, within the

20170HB0640PN0677 - 29 -

means at its command, to various ports of call and

commemorative events as the official sailing ambassador for

Pennsylvania.

(3) Charge whatever fees are necessary to maintain the

vessel and to encourage private financial support as

appropriate in order to support the United States Brig

Niagara and its sailing program.

department.--Commonwealth agencies and political subdivisions

shall cooperate fully with the [commission] department in

support of its naval and maritime history program and, to that

end, shall:

(1) Include the [commission] department in any planning

efforts for the commemoration of significant events of our

naval and maritime history.

(2) Develop plans with the [commission] department which

will utilize the United States Brig Niagara as the official

flagship of Pennsylvania.

§ 903. Transfer of personal property.

In any case where the Commonwealth has heretofore transferred

land to the United States for use as a national park, the

transfer shall also include the transfer to the United States of

such personal property as may be included in a written agreement

between the [Pennsylvania Historical and Museum Commission]

department and the National Park Service.

Section 9. Section 4322(b) of Title 42 is amended to read:

§ 4322. Destruction and disposition of obsolete records.

* * *

(b) Historical documents.--Any original records which are of

historical value as may be determined by the City Archivist, in

20170HB0640PN0677 - 30 -

the case of City and County of Philadelphia, or by the

[Pennsylvania Historical and Museum Commission] Department of

Conservation and Natural Resources, in the case of any other

county, shall be transferred to the [Pennsylvania Historical and

Museum Commission] Department of Conservation and Natural

Resources or to such other depositories as may be designated by

the [commission] department.

Section 10. Section 722(b) of Title 45 is amended to read:

§ 722. Deposit of documents required.

* * *

(b) Disposition of copies.--Upon such filing one copy shall

be immediately available for public inspection and copying under

regulations promulgated by the joint committee, which copy shall

be retained by the bureau for one year after the publication

thereof, whereupon it shall be forwarded to the [Pennsylvania

Historical and Museum Commission] Department of Conservation and

Natural Resources for preservation in the Commonwealth archives.

The other copy shall be processed for publication as provided in

this subchapter.

* * *

Section 11. The definition of "commission" in section 1382

of Title 53 is amended and the section is amended by adding a

definition to read:

§ 1382. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Commission." The Pennsylvania Historical and Museum

Commission.]

* * *

20170HB0640PN0677 - 31 -

"Department." The Department of Conservation and Natural

Resources of the Commonwealth.

* * *

Section 12. Sections 1384, 1385(a) and 1386 of Title 53 are

amended to read:

§ 1384. Proposed retention and disposal schedules.

The [commission] department, in cooperation with the several

associations of municipal officials and related Commonwealth

agencies, shall make a study of public records and shall prepare

proposed retention and disposition schedules for submission to

the committee for its approval and advise each of them of all

applicable operative schedules and prepare updates of these

schedules as needed. No such schedule shall be operative unless

approved by the committee.

§ 1385. Local Government Records Committee.

(a) Establishment.--There shall be established under the

[commission] department the Local Government Records Committee

which shall consist of the Auditor General, the State Treasurer,

the General Counsel, the [Executive Director of the Pennsylvania

Historical and Museum Commission] Secretary of Conservation and

Natural Resources, the Secretary of Community and Economic

Development and five other members to be appointed by the

Governor to represent each of the following municipal

associations: the League of Cities, the State Association of

Boroughs, the State Association of Township Commissioners, the

State Association of Township Supervisors and the Municipal

Authorities' Association. Each ex officio member of the

committee may designate in writing a representative to act in

place of the member. The Secretary of Community and Economic

Development shall serve as chairman, and the [executive director

20170HB0640PN0677 - 32 -

of the commission] Secretary of Conservation and Natural

Resources shall serve as secretary. Meetings of the committee

shall be at the call of the chairman.

* * *

§ 1386. Effect of approval of schedule.

(a) Disposition generally.--Whenever a schedule is approved

by the committee, a copy shall be filed with the [commission]

department which shall, through appropriate means, notify the

entities that the schedule has been approved. Upon such

notification, the schedule becomes effective and may be acted

upon by them until superseded by a subsequent duly approved

schedule. Each entity shall declare its intent to follow the

schedule by ordinance or resolution. Each individual act of

disposition shall be approved by resolution of the governing

body.

(b) Disposition of permanent retention records.--Original

records scheduled for permanent retention may be disposed of if,

in addition to the procedures listed in this section, the entity

generates and maintains a copy of the original in conformance

with section 1388 (relating to recording and copying records)

and receives written permission from the [commission] department

to dispose of the records. Written permission from the

[commission] department is required only for disposition actions

involving records scheduled for permanent retention, records not

listed on the schedules and records selected for transfer to the

State Archives.

Section 13. The definition of "commission" in section 6101

of Title 68 is repealed:

§ 6101. Definitions.

The following words and phrases when used in this chapter

20170HB0640PN0677 - 33 -

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

["Commission." The Pennsylvania Historical and Museum

Commission.]

* * *

Section 14. Sections 6102 heading, introductory paragraph

and (2)(iii), 6103(c) and 6110 of Title 68 are amended to read:

§ 6102. Duties of [commission] department.

The [commission] department has the following powers and

duties:

* * *

(ii) reports of [commissioners] the department

relating to the boundary lines of this Commonwealth;

* * *

§ 6103. Application.

* * *

the commission,] shall investigate to determine whether office

rights have been granted for a tract of land and whether the

tract of land is vacant or unappropriated if an applicant does

all of the following:

(1) Completes an application prescribed by the

department.

(2) Gives 30 days' notice of the filing of the

application by publication once a week for three successive

weeks in a newspaper of general circulation in the area where

the land is situate. The applicant must furnish proof of

publication to the department.

(3) Submits a certified abstract of title.

20170HB0640PN0677 - 34 -

(4) Submits the survey under subsection (b).

§ 6110. Issuance of patents for unappropriated lands.

The department shall, upon the presentation and approval of

an application with satisfactory proof of ownership, including

current survey and abstract of title, and the payment of patent

fees amounting to $25, with the approval of the Governor, grant

a patent if all of the following apply:

(1) The records of the [commission] department

demonstrate that there have been warrants granted by the

Commonwealth for lands authorized to be sold by statute or by

[statutorily appointed commissioners] the secretary.

(2) Titles to the warrants under paragraph (1) have not

been completed by the granting of patents.

Section 15. Section 1353 of Title 75 is amended to read:

§ 1353. Preserve our heritage registration plate.

The department, in consultation with the [Pennsylvania

Historical and Museum Commission] Department of Conservation and

Natural Resources, shall design a special preserve our heritage

registration plate. Upon receipt of an application, accompanied

by a fee of $54 which shall be in addition to the annual

registration fee, the department shall issue the plate for a

passenger car, motor home, trailer or truck with a registered

gross weight of not more than 14,000 pounds. The Historical

Preservation Fund shall receive $23 of each additional fee for

this plate.

Section 16. The Department of Conservation and Natural

Resources may continue to use the name "Pennsylvania Historical

and Museum Commission" on contracts, licenses, stationery or any

other official documents or emblems until existing supplies are

exhausted. Contracts, deeds and other official actions shall not

20170HB0640PN0677 - 35 -

be affected by the use of the designation of "Pennsylvania

Historical and Museum Commission."

Section 17. All activities initiated under 37 Pa.C.S. prior

to the effective date of this section shall continue and remain

in full force and effect and may be completed under 37 Pa.C.S.

Orders, regulations, rules and decisions that were made under 37

Pa.C.S. and that are in effect on the effective date of this

section shall remain in full force and effect until revoked,

vacated or modified under 37 Pa.C.S. Contracts, obligations and

collective bargaining agreements entered into under 37 Pa.C.S.

prior to the effective date of this section are not affected nor

impaired by the amendment of 37 Pa.C.S.

Section 18. This act shall take effect in 60 days.

20170HB0640PN0677 - 36 -