AN ACT

 

1Amending Title 37 (Historical and Museums) of the Pennsylvania
2Consolidated Statutes, in general provisions, further
3providing for definitions; in powers and duties of
4Pennsylvania Historical and Museum Commission, further
5providing for specific powers and duties, for personal
6property and for documents; providing for Commonwealth
7archival records, for local government archival records and
8for access to older public records; in historic properties,
9further providing for powers over certain historic property;
10and prescribing a penalty.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 103 of Title 37 of the Pennsylvania
14Consolidated Statutes is amended by adding definitions to read:

15§ 103. Definitions.

16Subject to additional definitions contained in subsequent
17provisions of this title which are applicable to specific
18provisions of this title, the following words and phrases when
19used in this title shall have the meanings given to them in this
20section unless the context clearly indicates otherwise:

21* * *

1"Archival record." A record having sufficient historical
2value to warrant permanent preservation by the Commonwealth or a
3unit of local government.

4* * *

5"Record." A record as defined in section 102 of the act of
6February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

7* * *

8"State Archives." The Pennsylvania State Archives
9administered by the Pennsylvania Historical and Museum
10Commission.

11"State Archivist." The Director of the Pennsylvania State
12Archives.

13Section 2. Section 302(12) of Title 37 is amended to read:

14§ 302. Specific powers and duties.

15The commission shall have the power and duty to:

16* * *

17(12) Annual reports.--Annually transmit to the State
18Government Committees of the House of Representatives and the
19Senate a report which includes the following:

20(i) A summary of the overall condition of museums
21and historic sites and holdings, including staffing
22levels and site visits by senior management personnel.

23[(ii) A report on the operation of the Conservation
24Center.]

25(iii) A summary of all publications completed by the
26commission during the prior year.

27(iv) A summary of collection deaccessioning
28activities.

29(v) A summary of the progress in computerization of
30collections and inventories.

1* * *

2Section 3. Section 304(4) of Title 37 is amended and the
3section is amended by adding a paragraph to read:

4§ 304. Personal property.

5The commission shall have the power and duty to:

6* * *

7(4) Sale or other disposition.--Exchange or otherwise
8dispose of material with other museums, archival
9repositories, historical societies or other reliable
10organized groups of an educational nature; and sell at public
11auction historical artifacts, pursuant to its rules and
12regulations, provided that an historical artifact shall not
13be sold at public auction unless the commission has
14determined that the exchange or disposal of that artifact by
15the other means authorized by this paragraph is not feasible
16and that the property would not be beneficial to the
17commission if it were used other than as an artifact. [If the
18original donor was an individual, the original donor shall be
19notified, if he can be located, and, if the original donor is
20deceased, his children shall be notified, if they can be
21located, and be given an opportunity to reacquire the object,
22prior to its being offered at auction. If the original donor
23was not an individual, the original donor shall be notified,
24if it or its successor can be located, and be given an
25opportunity to reacquire the object, prior to its being
26offered at auction. The opportunity of an original donor to
27reacquire an object shall not be construed to diminish the
28commission's control over an historical artifact subsequent
29to its acquisition by the commission and prior to its
30disposition.] These sales shall be conducted by the

1Department of General Services. Income produced through these
2sales shall be paid into the State Treasury through the
3Department of Revenue and credited to the Historical
4Preservation Fund and allocated solely for collection
5acquisition or conservation purposes. No unique object,
6article, manuscript, document or other material, which is of
7special significance to the history of this Commonwealth,
8shall be sold.

9* * *

10(6) Abandoned property on loan.--Sell or otherwise
11dispose of property on loan to the commission in accordance
12with the following:

13(i) Notwithstanding the provisions of Article XIII.1
14of the act of April 9, 1929 (P.L.343, No.176), known as
15The Fiscal Code, and unless there exists a written
16agreement to the contrary, any property on loan to the
17commission for 21 years or more and for which no person
18has made a claim according to records maintained by the
19commission shall be considered abandoned if the
20commission has made reasonable efforts to locate and
21notify the original lender.

22(ii) If no valid claim has been made to the property
23within 60 days after the date of the last notice provided
24by the commission, the commission shall have the
25authority to sell or otherwise dispose of the property.

26Section 4. Section 305 of Title 37 is amended to read:

27§ 305. Documents.

28The commission shall have the power and duty to:

29(1) Administer the State Archives.--Oversee and
30administer the State Archives, which shall be the official

1State repository for the permanent and historically valuable
2public records of the Commonwealth.

3[(1)] (2) Research on Commonwealth documents.--Examine
4and copy or microfilm any public records within the control
5of a Commonwealth agency for the purposes of historical
6research.

7[(2)] (3) Preservation of public records.--Preserve all
8public records throughout this Commonwealth and give special
9attention to the preservation of all records of the
10Commonwealth not in current use and of historical value;
11negotiate for the transfer and receipt of public records from
12any Commonwealth agency or political subdivision; and provide
13for the disposition of records not needed or useful in the
14transaction of current or anticipated future work of the
15Commonwealth under section 524 of the act of April 9, 1929
16(P.L.177, No.175), known as The Administrative Code of 1929.
17The commission shall be the legal custodian of any public
18records transferred to it by any Commonwealth agency or
19political subdivision. The head of any Commonwealth agency or
20political subdivision may transfer to the commission public
21records legally in his custody not needed for the transaction
22of the business of the office whenever the commission is
23willing to receive and care for them.

24[(3)] (4) Management of historical documents.--Collect,
25classify, preserve and make available for reference all
26records which may come into its possession with the
27exceptions indicated by the commission; and examine the
28condition of the public records, books, pamphlets, documents,
29manuscripts, archives, maps and papers filed or recorded in
30any Commonwealth agency or political subdivision. The

1executive director or any employees authorized by him shall
2have reasonable access to all public records in this
3Commonwealth for the purpose of examining them and shall
4report to the commission on their condition.

5[(4)] (5) Regulation of Commonwealth records.--Recommend
6such action be taken by the persons having the care and
7custody of public records as may be necessary to secure their
8safety and preservation; cause all laws relating to public
9records to be enforced; and recommend and enforce uniform
10standards governing the use of paper, ink and filing
11procedure for all records and papers of Commonwealth agencies
12and political subdivisions that are considered of permanent
13historical importance.

14[(5)] (6) Certificates relating to public records.--
15Furnish certificates relating to public records, or copies
16thereof, upon the payment of fees established by the
17commission or otherwise fixed by law.

18[(6)] (7) Land records.--Maintain and preserve:

19(i) Records of the first titles acquired by the
20proprietaries and the Commonwealth to all the lands
21within its boundaries.

22(ii) Records of all lands and conveyances from the
23proprietaries and the Commonwealth to the purchasers of
24the land.

25(iii) Papers relating to the surveys of this
26Commonwealth and county lines and the reports of
27commissioners relating to the boundary lines of this
28Commonwealth.

29(iv) Maps and other papers pertaining to the
30colonial history of this Commonwealth.

1(v) Contracts, section profile maps and other
2records relating to public works.

3(vi) All other relevant records relating to titles
4of real estate acquired by the Commonwealth.

5(8) Protection and recovery of Commonwealth records.--
6Maintain and preserve Commonwealth records in accordance with
7its powers and duties under section 305.1 (relating to
8Commonwealth archival records).

9(9) Protection and recovery of local government
10records.--Maintain and preserve local government records in
11accordance with its powers and duties under section 305.2
12(relating to local government archival records).

13(10) Access to older public records.--Ensure access to
14older public records in accordance with its powers and duties
15under section 305.3 (relating to access to older public
16records).

17Section 5. Title 37 is amended by adding sections to read:

18§ 305.1. Commonwealth archival records.

19(a) Statement of policy.--It is the policy of the
20Commonwealth that Commonwealth records belong to the citizens of
21this Commonwealth.

22(b) Sale or transfer of Commonwealth archival records
23prohibited.--A person may not sell, transfer or otherwise
24alienate a Commonwealth archival record unless specifically
25authorized by law or established by approved record retention
26procedures of the Commonwealth. In addition to any other penalty
27provided by law, a person who violates this subsection may be
28subject to a civil penalty of not more than $2,500.

29(c) Commission authority.--The commission as part of its
30responsibilities for the operation of the State Archives may

1demand the return of any Commonwealth archival record in the
2possession of a person, organization, institution or other
3entity if removal of the record from Commonwealth possession was
4not authorized by the Commonwealth.

5(d) Notice and demand of return.--When the executive
6director, in consultation with the State Archivist, has
7reasonable grounds to believe that a Commonwealth archival
8record is in the possession of a person, organization,
9institution or other entity not authorized by law to possess
10that record, the commission may issue written notice and demand
11to that person, organization, institution or other entity for
12the immediate return of the record. The notice and demand shall
13be sent by certified or registered mail, return receipt
14requested. The notice and demand shall identify the Commonwealth
15archival record claimed with reasonable specificity. Upon
16receipt of the notice and demand, the person, organization,
17institution or other entity in the possession of the
18Commonwealth archival record shall not destroy, alter, transfer,
19convey or otherwise alienate the record unless authorized in
20writing by the executive director or by an order issued by a
21court of competent jurisdiction.

22(e) Petition.--If the person, organization, institution or
23other entity in possession of the Commonwealth archival record
24refuses or fails to deliver the record on demand, the commission
25may petition Commonwealth Court for recovery of the record.

26(f) Seizure of Commonwealth archival records.--At any time
27after or contemporaneous with the filing of a petition under
28subsection (e), the commission may petition the court to have
29the record seized if there are reasonable grounds to believe the
30record is in danger of being destroyed, mutilated, altered,

1secreted, sold or otherwise removed from the unauthorized
2possession of a person, organization, institution or other
3entity. The order of seizure shall issue with notice to the
4respondent upon seizure and without the posting of any bond or
5other security by the petitioner.

6(g) Presumption.--In any proceeding pursuant to subsection
7(e), there is a rebuttable presumption that Commonwealth
8archival records that were once in the custody of the
9Commonwealth were not lawfully alienated from that custody.

10§ 305.2. Local government archival records.

11(a) General rule.--If a local government agency has
12reasonable grounds to believe that a local government archival
13record is in the possession of a person, organization,
14institution or other entity not authorized by the local
15government agency to possess that record, it may request the
16commission to act on its behalf pursuant to the procedures
17specified in section 305.1 (relating to Commonwealth archival
18records) or may undertake on its own behalf the same procedure
19available to the commission under section 305.1.

20(b) Preservation of record status.--Upon receipt of the
21notice and demand from the commission or a local government
22agency issued pursuant to this section, the person,
23organization, institution or other entity in the possession of
24the local archival record claimed to belong to the local
25government agency may not destroy, alter, transfer, convey or
26otherwise alienate the record unless authorized by the local
27government agency or by an order issued by a court of competent
28jurisdiction.

29(c) Commission action.--If requested by a local government
30agency to act under subsection (a), the commission may demand

1return of a local archival record in the private possession of a
2person, organization, institution or other entity if removal of
3the record from government possession was not authorized by the
4local government agency.

5§ 305.3. Access to older public records.

6(a) Access.--Any provision of law that exempts from public
7disclosure any item in the custody of the State Archives shall
8not apply to that item 75 years after the item was created,
9irrespective of:

10(1) The origin of the item.

11(2) The manner in which it was deposited with the State
12Archives.

13(3) Any other condition or circumstance at the time the
14item was deposited.

15(b) Applicability.--Subsection (a) shall apply to any item
16currently in the custody of the State Archives and any item
17deposited in the State Archives after the effective date of this
18section.

19(c) Notification to depositors.--The State Archives shall
20notify any party who deposits any item in the State Archives
21after the effective date of this section of the provisions of
22subsection (a).

23(d) Public notice.--The commission's Internet website shall
24include a public notice stating that on or after January 1,
252015, all items 75 years of age or older that are on deposit in
26the State Archives shall be accessible to the public.

27(e) Construction.--If the provisions of this section
28conflict with any State law limiting disclosure of vital
29statistics or sealed records or with Federal law, the provisions
30of this section shall not apply.

1Section 6. Section 702(7), (16), (26), (37), (39), (48) and
2(52) of Title 37 are amended to read:

3§ 702. Powers over certain historic property.

4In addition to all other powers vested in the commission by
5this title or other statute, the commission shall exercise all
6powers conferred on it by law with respect to the historic
7properties known as:

8* * *

9[(7) Cashiers House.]

10* * *

11[(16) Fort Augusta.]

12* * *

13[(26) John Brown House.]

14* * *

15[(37) Old Brown's Mill School.]

16* * *

17[(39) Old Custom House.]

18* * *

19[(48) Pottsgrove Mansion.]

20* * *

21[(52) Sodom School House.]

22* * *

23Section 7. This act shall take effect in 60 days.