SENATE AMENDED
        PRIOR PRINTER'S NO. 3212                      PRINTER'S NO. 3720

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2389 Session of 1976


        INTRODUCED BY MESSRS. CAPUTO AND GEISLER, MAY 18, 1976

        SENATOR MURPHY, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           SEPTEMBER 21, 1976

                                     AN ACT

     1  Amending the act of August 14, 1963 (P.L.839, No.407), entitled,
     2     as amended, "An act creating a county records committee;
     3     imposing powers and duties upon it; authorizing the
     4     Pennsylvania Historical and Museum Commission to assist and
     5     cooperate with it; defining county records; and authorizing
     6     the disposition of certain county records by county officers
     7     in counties of the second A and third to eighth class,"
     8     including counties of the second class, INCREASING THE         <--
     9     MEMBERSHIP OF THE COMMITTEE AND PROVIDING FOR A CHAIRMAN AND
    10     FOR MEETINGS OF THE COMMITTEE.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  The title and section SECTIONS 1, 3 AND 4, act of  <--
    14  August 14, 1963 (P.L.839, No.407), entitled, as amended, "An act
    15  creating a county records committee; imposing powers and duties
    16  upon it; authorizing the Pennsylvania Historical and Museum
    17  Commission to assist and cooperate with it; defining county
    18  records; and authorizing the disposition of certain county
    19  records by county officers in counties of the second A and third
    20  to eighth class," amended November 22, 1968 (P.L.1083, No.335),
    21  are amended to read:


     1                               AN ACT
     2  Creating a county records committee; imposing powers and duties
     3     upon it; authorizing the Pennsylvania Historical and Museum
     4     Commission to assist and cooperate with it; defining county
     5     records; and authorizing the disposition of certain county
     6     records by county officers in counties of the [second A and
     7     third] second to eighth class.
     8     SECTION 1.  THERE IS HEREBY CREATED A COUNTY RECORDS           <--
     9  COMMITTEE WHICH SHALL CONSIST OF [THIRTEEN] FIFTEEN MEMBERS WHO
    10  SHALL BE APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS. ONE
    11  MEMBER OF THE COMMITTEE SHALL BE THE CHIEF JUSTICE OF THE
    12  PENNSYLVANIA SUPREME COURT, OR HIS JUDICIAL REPRESENTATIVE, ONE
    13  A REPRESENTATIVE OF THE PENNSYLVANIA HISTORICAL AND MUSEUM
    14  COMMISSION, ONE AN ATTORNEY, ONE A PROTHONOTARY, ONE A CLERK OF
    15  COURTS, ONE A COUNTY COMMISSIONER, ONE A COUNTY CONTROLLER OR
    16  AUDITOR, ONE A DISTRICT ATTORNEY, ONE A COUNTY TREASURER, ONE A
    17  SHERIFF, ONE A REGISTER OF WILLS, ONE A RECORDER OF DEEDS, ONE A
    18  JURY COMMISSIONER, ONE A CORONER, AND THE OTHER A MEMBER OF THE
    19  GENERAL PUBLIC. THE COMMITTEE SHALL SELECT ONE OF ITS MEMBERS TO
    20  SERVE AS CHAIRMAN. WITHIN THE MEANS AT ITS COMMAND, THE
    21  PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION SHALL ASSIST AND
    22  COOPERATE WITH THE COUNTY RECORDS COMMITTEE BY PROVIDING FOR ITS
    23  NECESSARY EXPENSES, BY PROVIDING FOR EXAMINING AND INVENTORYING
    24  COUNTY RECORDS FOR THE PREPARATION OF SCHEDULES, AND BY
    25  ENFORCING SUCH SCHEDULES AS THE COUNTY RECORDS COMMITTEE MAY
    26  MAKE OR REVISE UNDER THE PROVISIONS OF THIS ACT.
    27     SECTION 3.  IT SHALL BE THE DUTY OF THE COMMITTEE TO MEET
    28  [FROM TIME TO TIME] AT LEAST ONCE A YEAR TO MAKE OR REVISE
    29  SCHEDULES SETTING FORTH THE CONDITIONS UNDER WHICH COUNTY
    30  RECORDS FILED IN ANY OFFICE OF COUNTY GOVERNMENT MAY BE DISPOSED
    19760H2389B3720                  - 2 -

     1  OF, EITHER WITH OR WITHOUT MICROFILMING, BUT THE SCHEDULES SHALL
     2  DISTINGUISH CLEARLY BETWEEN RECORDS OF TEMPORARY VALUE AND
     3  RECORDS OF PERMANENT VALUE, AND NO SCHEDULE SHALL BE MADE OR
     4  REVISED WHICH WILL PERMIT THE DESTRUCTION OF COUNTY RECORDS OF
     5  PERMANENT VALUE UNLESS THE SAME ARE MICROFILMED. IF THE SAID
     6  RECORDS ARE NO LONGER IN ACTIVE USE BUT HAVE VALUE FOR
     7  HISTORICAL RESEARCH, THE COUNTY RECORDS COMMITTEE MAY AUTHORIZE
     8  THEIR DISPOSITION BY TRANSFER TO THE PENNSYLVANIA HISTORICAL AND
     9  MUSEUM COMMISSION OR TO OTHER DEPOSITORIES DESIGNATED BY THE
    10  COMMISSION. MEETINGS OF THE COMMITTEE SHALL BE CALLED BY THE
    11  EXECUTIVE DIRECTOR OF PENNSYLVANIA HISTORICAL AND MUSEUM
    12  COMMISSION; HOWEVER, MEETINGS MAY ALSO BE CALLED BY THE CHAIRMAN
    13  OR BY A MAJORITY OF THE MEMBERS OF THE COMMITTEE WHENEVER THE
    14  CHAIRMAN OR THE MAJORITY OF MEMBERS DEEMS IT NECESSARY.
    15     Section 4.  County officers in counties of the second, second
    16  A, third, fourth, fifth, sixth, seventh and eighth class may
    17  dispose of all county records in their custody, provided they
    18  follow the schedules prescribed by the county records committee
    19  which is created under the provisions of this act, and provided
    20  that the Pennsylvania Historical and Museum Commission through
    21  its executive director, certifies that such disposal is in
    22  accordance with the established schedules.
    23     Section 2.  This act shall take effect in 60 days.





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