AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, <-in facilities and 
3supplies relating to judicial computer system, further
4providing for surcharge <-for deposit into the Access to 
5Justice Account and for fee deposit into the access to<- 
6justice account; and, in disposition of obsolete records, 
7further providing for form of permanent recordation and for 
8copies of destroyed records.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 3733.1(a) and (c) Sections 3733.1(a) and<- 
12(c), 4323 and 4324 of Title 42 of the Pennsylvania Consolidated
13Statutes are amended to read:

14§ 3733.1. Surcharge.

15(a) Imposition of surcharge.--In addition to each fee
16imposed under section 3733(a.1) (relating to deposits into
17account), except as set forth in subsection (b), the following
18apply:

19(1) A surcharge of [$11.25<-] $10.25 shall be charged and

1collected. This paragraph shall expire December 31, [2014<-] 
22017.

3(2) A permanent fee of $2.25 shall be charged and
4collected.

5(3) A permanent fee of $2 shall be charged and
6collected.

7* * *

8(c) Allocation and appropriation.--

9(1) The surcharge under subsection (a)(1) [shall be
10allocated as follows:

11(i) One dollar shall be deposited into the Access to
12Justice Account.

13(ii) The remainder of money] shall be deposited into
14a separate reserve account within the Judicial Computer
15System Augmentation Account. Notwithstanding section 3732
16(relating to utilization of funds in account), money
17deposited under this [subparagraph] paragraph is hereby
18appropriated to the Supreme Court, upon compliance with
19Article XV of the act of April 9, 1929 (P.L.343, No.176),
20known as The Fiscal Code, for the operation of the
21Judicial Department.

22(2) The fee under subsection (a)(2) shall be deposited
23into the Criminal Justice Enhancement Account.

24(3) The fee under subsection (a)(3) shall be deposited
25into the Access to Justice Account.

26§ 4323. Form of [permanent] recordation.<-

27[Records which are classified as records of permanent value
28shall, prior to destruction or other removal from the office of
29the person having custody thereof, be processed in conformity
30with general rules so that they may be reproduced by any

1photostatic, photographic, microphotographic, microfilm, video
2tape, magnetic tape, or other mechanical process which produces
3a clear, accurate and permanent copy, microcopy or reproduction
4of the original, in accordance with standards not less than
5those approved for permanent records by the National Bureau of
6Standards.] (a) In general.--Records may be reproduced in 
7accordance with subsection (c).

8(b) Records of permanent value.--Records that are classified
9as records of permanent value may be reproduced in accordance
10with subsection (c) provided that if the original record is
11being destroyed after reproduction:

12(1) the reproduction format shall be human readable; or

13(2) if the reproduction format is electronic or
14otherwise not human readable, the governing authority, in
15consultation with the County Records Committee, shall create
16and apply standards, policies and procedures for the
17creation, maintenance, backup, migration and transmission of
18permanent records in that format.

19(c) Means of reproduction.--Any photostatic, photographic,
20micrographic, microfilm, microcard, miniature photographic,
21optical, electronic or other future technologies, analog or
22digital, which accurately reproduces the original and forms
23secure and unalterable copies for recording may be utilized for
24reproducing records as authorized in accordance with this
25subchapter.

26(d) Documents previously recorded, copied or recopied.--A
27document within the scope of this section and that previously
28has been recorded, copied or recopied also may be reproduced by
29processes authorized by this section.

30§ 4324. Copies of destroyed records.

1[The photostatic, photographic, microphotographic, 
2microfilmed or otherwise reproduced] A copy of any record 
3destroyed or disposed of as authorized pursuant to this 
4subchapter, or a certified copy thereof, if produced in 
5accordance with section 4323 (relating to form of recordation) 
6shall be admissible in evidence in any matter, and shall have 
7the same force and effect as though the original record had been 
8produced and proved. It shall be the duty of the person who 
9would have had custody of the original record, had it not been 
10destroyed pursuant to law, to prepare enlarged, typed or 
11photographic copies of such reproduced records whenever their 
12production is required.

13Section 2. This act shall take effect in 30 days.