PRIOR PRINTER'S NO. 1361 PRINTER'S NO. 2953
No. 1244 Session of 1993
INTRODUCED BY LESCOVITZ, PISTELLA, BATTISTO, D. W. SNYDER AND
MERRY, APRIL 19, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 13, 1993
AN ACT
1 Amending the act of May 9, 1949 (P.L.908, No.250), entitled "An
2 act relating to public records of political subdivisions
3 other than cities and counties of the first class;
4 authorizing the recording and copying of documents, plats,
5 papers and instruments of writing by photostatic,
6 photographic, microfilm or other mechanical process, and the
7 admissibility thereof and enlargements thereof in evidence;
8 providing for the storage of duplicates and sale of microfilm
9 copies of official records and for the destruction of other
10 records deemed valueless; and providing for the services of
11 the Department of Property and Supplies to political
12 subdivisions," further providing for additional methods for <--
13 the copying of certain records, FOR IDENTIFICATION OF <--
14 RECORDS, FOR DUPLICATES OF RECORDS, FOR THE SALE OF CERTAIN
15 RECORDS, FOR THE DESTRUCTION OR DISPOSAL OF CERTAIN RECORDS,
16 FOR RECORDS REQUIRING SPECIAL CARE AND FOR COMMONWEALTH
17 SERVICES TO POLITICAL SUBDIVISIONS.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 1 SECTIONS 1 AND 3 of the act of May 9, <--
21 1949 (P.L.908, No.250), entitled "An act relating to public
22 records of political subdivisions other than cities and counties
23 of the first class; authorizing the recording and copying of
24 documents, plats, papers and instruments of writing by
1 photostatic, photographic, microfilm or other mechanical
2 process, and the admissibility thereof and enlargements thereof
3 in evidence; providing for the storage of duplicates and sale of
4 microfilm copies of official records and for the destruction of
5 other records deemed valueless; and providing for the services
6 of the Department of Property and Supplies to political
7 subdivisions," is ARE amended to read: <--
8 Section 1. [When any public officer of any county, other
9 than counties of the first class, city, other than cities of the
10 first class, borough, town, township, school, poor or
11 institution district, or agency thereof, is required or
12 authorized by law or otherwise to record, copy or recopy any
13 document, plat, paper or instrument of writing, he may do so by
14 any photostatic, photographic, microphotographic, microfilm or
15 other mechanical process which produces a clear, accurate and
16 permanent copy, microcopy or reproduction of the original in
17 accordance with standards not less than those approved for
18 permanent records by the National Bureau of Standards. Any such
19 officer may also reproduce by such processes any document, plat,
20 paper or instrument of writing which has previously been
21 recorded, copied or recopied.] Whenever any public officer of
22 any political subdivision or agency thereof, including home rule
23 municipalities, other than counties of the first class or
24 agencies thereof and cities of the first class or agencies
25 thereof, is required or authorized by law or otherwise to record
26 or copy any document, the officers may do so by any photostatic,
27 photographic, microphotographic, microfilm, microcard, miniature
28 photographic, optical, electronic or other process which
29 accurately reproduces the original and forms a durable medium
30 for recording, storing and reproducing the original in
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1 accordance with standards, policies and procedures for the
2 creation, maintenance, transmission or reproduction of images of
3 records approved by the County and Local Government Records
4 Committees, but not less than those standards, policies and
5 procedures approved by the National Institute of Standards and
6 Technology. Any document within the scope of this section and
7 which previously has been recorded or copied may be reproduced
8 by processes authorized by this section.
9 SECTION 3. [EACH ROLL OF MICROFILM BEARING OFFICIAL COPIES <--
10 OF RECORDS SHALL BEGIN WITH A SEPARATE PHOTOGRAPHIC IMAGE
11 SHOWING ON A TITLE TARGET THE NAME AND LOCATION OF THE OFFICE
12 HOLDING THE RECORDS COPIED, THE NAME AND TITLE OF THE OFFICER
13 HAVING CUSTODY OF THE RECORDS AT THE DATE OF COPYING, A BRIEF,
14 BUT CLEAR, TITLE FOR THE PARTICULAR SERIES OF RECORDS COPIED,
15 AND SUCH VOLUME, NUMBERS, INCLUSIVE DATES AND SERIAL NUMBERS AS
16 SHALL MAKE IDENTIFICATION OF THE RECORDS FILMED CLEAR AND
17 POSITIVE. EACH ROLL SHALL END WITH A SEPARATE PHOTOGRAPHIC IMAGE
18 REPEATING IN SUBSTANCE THE INFORMATION GIVEN ON THE TITLE
19 TARGET, TOGETHER WITH THE SIGNATURE OF THE CAMERA OPERATOR
20 APPENDED TO A CERTIFICATE WHICH SHALL STATE THE DAY, MONTH AND
21 YEAR ON WHICH THE RECORDS WERE COPIED AND AFFIRM THAT THE
22 COPYING WAS PERFORMED IN ACCORDANCE WITH PROCEDURES PRESCRIBED
23 BY THE CUSTODIAN.] ROLL AND UNITIZED MICROFILMS AND IMAGED
24 RECORDS SHALL BE ADEQUATELY IDENTIFIED IN CONFORMANCE WITH
25 STANDARDS, POLICIES AND PROCEDURES APPROVED BY THE COUNTY AND
26 LOCAL GOVERNMENT RECORDS COMMITTEES. IT SHALL BE THE
27 RESPONSIBILITY OF THE CUSTODIAN OF THE RECORDS COPIED TO
28 REGULATE AND SUPERVISE THE COPYING PROCESS AND TO INSPECT THE
29 RESULTING MICROCOPIES AND IMAGED RECORDS SO AS TO SATISFY
30 [HIMSELF] THE CUSTODIAN THAT ALL COPIES ARE COMPLETE, ACCURATE
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1 AND CLEARLY LEGIBLE. WHEN ANY ENLARGED REPRODUCTION OF A
2 NEGATIVE OR POSITIVE FILM IS TO BE USED AS EVIDENCE, THE
3 REPRODUCTION SHALL CONTAIN, OR HAVE ATTACHED THERETO, THE SIGNED
4 AND SEALED ATTESTATION OF THE OFFICER HAVING THE OFFICIAL
5 CUSTODY OF THE NEGATIVE OR POSITIVE FILM THAT THE SAME IS A TRUE
6 AND CORRECT COPY THEREOF.
7 SECTION 2. SECTIONS 4 AND 5 OF THE ACT ARE REPEALED.
8 SECTION 3. SECTION 6 OF THE ACT IS AMENDED TO READ:
9 SECTION 6. RECORDS WHICH HAVE BEEN REPRODUCED OR COPIED IN
10 ACCORDANCE WITH SECTION ONE OF THIS ACT OR OTHER RECORDS WHICH
11 ARE DEEMED VALUELESS MAY BE DESTROYED OR OTHERWISE DISPOSED OF[,
12 SUBJECT TO THE APPROVAL OF THE COURT OF COMMON PLEAS OF THE
13 PROPER COUNTY. THE RECORDS OF THE REGISTER OF WILLS AND OF THE
14 CLERK OF THE ORPHANS' COURT WHICH HAVE BEEN SO REPRODUCED OR
15 WHICH ARE DEEMED VALUELESS MAY BE DESTROYED OR DISPOSED OF,
16 SUBJECT TO THE APPROVAL OF THE ORPHANS' COURT OF THE PROPER
17 COUNTY] IN ACCORDANCE WITH APPLICABLE LEGISLATION AND
18 REGULATIONS OR SCHEDULES AND PROCEDURES RELATING TO THE
19 DESTRUCTION OF PUBLIC RECORDS APPROVED BY THE COUNTY AND LOCAL
20 GOVERNMENT RECORDS COMMITTEES.
21 SECTION 4. SECTIONS 6.1, 6.2 AND 7 OF THE ACT ARE REPEALED.
22 SECTION 5. SECTION 8 OF THE ACT IS AMENDED TO READ:
23 SECTION 8. THE [SECRETARY OF PROPERTY AND SUPPLIES]
24 EXECUTIVE DIRECTOR OF THE PENNSYLVANIA HISTORICAL AND MUSEUM
25 COMMISSION MAY, AT [HIS] THE EXECUTIVE DIRECTOR'S DISCRETION,
26 MAKE AVAILABLE THE SERVICES OF THE [DEPARTMENT OF PROPERTY AND
27 SUPPLIES] PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION TO
28 POLITICAL SUBDIVISIONS OF THE COMMONWEALTH FOR THE PURPOSE OF
29 PHOTOGRAPHING OR IMAGING PUBLIC RECORDS UPON SUCH TERMS AND
30 CONDITIONS AS [HE] THE EXECUTIVE DIRECTOR MAY PRESCRIBE, WHICH
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1 TERMS SHALL PROVIDE FOR THE PAYMENT TO, AND REIMBURSEMENT OF,
2 THE COMMONWEALTH FOR THE REASONABLE COST OF SUCH SERVICES. [ANY
3 MONEY PAYABLE TO THE DEPARTMENT OF PROPERTY AND SUPPLIES BY WAY
4 OF REIMBURSEMENT SHALL BE PAID INTO THE GENERAL FUND IN THE
5 STATE TREASURY THROUGH THE DEPARTMENT OF REVENUE AND CREDITED TO
6 THE APPROPRIATION FROM WHICH THE EXPENSE INCURRED BY THE
7 DEPARTMENT OF PROPERTY AND SUPPLIES WAS MET.]
8 Section 2 6. This act shall take effect immediately. <--
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