PRIOR PRINTER'S NO. 838
PRINTER'S NO. 1155
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
854
Session of
2021
INTRODUCED BY ECKER, MARCH 10, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 6, 2021
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for COVID-19 record retention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE XXI-E
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COVID-19 RECORD RETENTION
Section 2101-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Contractor." A person that has entered into a contract with
an executive agency. The term includes an officer, shareholder,
owner and employee of the person.
"COVID-19." The coronavirus disease 2019, being an
infectious disease caused by severe acute respiratory syndrome
coronavirus 2 that was first identified during December 2019 in
Wuhan, China.
"Executive agency." An office, department, authority, board,
multistate agency or commission of the executive branch of the
Commonwealth which is subject to the policy supervision and
control of the Governor.
"Order." Any of the following:
(1) the declaration of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020); or
(2) a declaration of disaster emergency relating to
COVID-19 which is issued after March 6, 2020.
"Record." Information, regardless of physical form or
characteristics, that documents a transaction or activity of an
executive agency and that is created, received or retained
pursuant to law or in connection with a transaction, business or
activity of the executive agency. The term includes a document,
paper, letter, map, book, tape, photograph, film or sound
recording, information stored or maintained electronically and a
data-processed or image-processed document.
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Section 2102-E. Retention of records related to COVID-19.
(a) General rule.-- An executive agency or contractor shall
preserve all records in possession of the agency or contractor
relating to any of the following for a period of 10 years after
the order is terminated by executive order, proclamation or
operation of law:
(1) A record created as part of the predecisional
deliberations about an action of the executive agency or
contractor which is in support of or undertaken under the
authority of the order.
(2) A record created in connection with an action of the
executive agency or contractor which is in support of or
undertaken under the authority of the order.
(3) A record created as part of the predecisional
deliberations about an action of the executive agency or
contractor which is in support of or undertaken as part of
the executive agency or contractor's response to COVID-19.
(4) A record created in connection with an action of the
executive agency or contractor which is in support of or
undertaken as part of the executive agency or contractor's
response to COVID-19.
(b) Method of preservation.--The preservation of records
under subsection (a) shall conform with the preservation of
records undertaken by an executive agency or contractor in
preparation for litigation.
(c) Revision of management directives.--The Office of
Administration shall promptly revise its management directives
relating to record management policies to conform with the
requirements of this section , and shall provide public notice of
the requirements of this article by publishing the requirements
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on its publicly accessible Internet website and shall submit the
requirements to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin.
SECTION 2103-E. CONSTRUCTION.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REDUCE THE
RETENTION PERIOD OF ANY COMMONWEALTH RECORD AS PROVIDED BY LAW
OR PREVENT THE TRANSFER OF RECORDS TO THE STATE ARCHIVES FOR
PERMANENT RETENTION.
Section 2. This act shall take effect immediately.
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