Regular Session 2019-2020 Senate Bill 0372 P.N. 0453

PRIOR PRINTER'S NO. 336

PRINTER'S NO. 453

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

372

Session of

2019

INTRODUCED BY SCAVELLO, SCARNATI, FOLMER, BREWSTER, KILLION,

WHITE AND J. WARD, MARCH 1, 2019

SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, MARCH 19, 2019

AN ACT

Amending Title 37 (Historical and Museums) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for definitions; in powers and duties of

Pennsylvania Historical and Museum Commission, further

providing for specific powers and duties, for personal

property and for documents and providing for Commonwealth

archival records, for local government archival records and

for access to older public records; and, in historic

properties, further providing for title to historic property

and for powers over certain historic property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 103 of Title 37 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 103. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Archival record." A record having sufficient historical

value to warrant permanent preservation by the Commonwealth or a

unit of local government.

* * *

"Public record." A record as defined in section 102 of the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

* * *

"Record." A record as defined in section 102 of the Right-

to-Know Law.

* * *

"State Archives." The Pennsylvania State Archives

administered by the Pennsylvania Historical and Museum

Commission.

"State Archivist." The Director of the Pennsylvania State

Archives.

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

§ 302. Specific powers and duties.

The commission shall have the power and duty to:

* * *

(12) Annual reports.--Annually transmit to the State

Government Committees of the House of Representatives and the

Senate a report which includes the following:

(i) A summary of the overall condition of museums

and historic sites and holdings, including staffing

levels and site visits by senior management personnel.

[(ii) A report on the operation of the Conservation

Center.]

(iii) A summary of all publications completed by the

commission during the prior year.

(iv) A summary of collection deaccessioning

20190SB0372PN0453 - 2 -

activities.

(v) A summary of the progress in computerization of

collections and inventories.

* * *

Section 3. Section 304(4) of Title 37 is amended and the

section is amended by adding a paragraph to read:

§ 304. Personal property.

The commission shall have the power and duty to:

* * *

(4) Sale or other disposition.--Exchange or otherwise

dispose of material with other museums, archival

repositories, historical societies or other reliable

organized groups of an educational nature; and sell at public

auction historical artifacts, pursuant to its rules and

regulations, provided that an historical artifact shall not

be sold at public auction unless the commission has

determined that the exchange or disposal of that artifact by

the other means authorized by this paragraph is not feasible

and that the property would not be beneficial to the

commission if it were used other than as an artifact. [If the

original donor was an individual, the original donor shall be

notified, if he can be located, and, if the original donor is

deceased, his children shall be notified, if they can be

located, and be given an opportunity to reacquire the object,

prior to its being offered at auction. If the original donor

was not an individual, the original donor shall be notified,

if it or its successor can be located, and be given an

opportunity to reacquire the object, prior to its being

offered at auction. The opportunity of an original donor to

reacquire an object shall not be construed to diminish the

20190SB0372PN0453 - 3 -

commission's control over an historical artifact subsequent

to its acquisition by the commission and prior to its

disposition.] These sales shall be conducted by the

Department of General Services. Income produced through these

sales shall be paid into the State Treasury through the

Department of Revenue and credited to the Historical

Preservation Fund and allocated solely for collection

acquisition or conservation purposes. No unique object,

article, manuscript, document or other material, which is of

special significance to the history of this Commonwealth,

shall be sold.

* * *

(6) Abandoned property on loan.--Sell or otherwise

dispose of property on loan to the commission in accordance

with the following:

(i) Notwithstanding the provisions of Article XIII.1

of the act of April 9, 1929 (P.L.343, No.176), known as

The Fiscal Code, and unless there exists a written

agreement to the contrary, any property on loan to the

commission for 21 years or more and for which no person

has made a claim according to records maintained by the

commission shall be considered abandoned if the

commission has made reasonable efforts to locate and

notify the original lender.

(ii) If no valid claim has been made to the property

within 60 days after the date of the last notice provided

by the commission, the commission may authorize the

Department of General Services to sell or otherwise

dispose of the property.

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

20190SB0372PN0453 - 4 -

§ 305. Documents.

The commission shall have the power and duty to:

(1) Administer the State Archives.--Oversee and

administer the State Archives, which shall be the official

State repository for the permanent and historically valuable

public records of the Commonwealth that are transferred to

the commission.

[(1)] (2) Research on Commonwealth documents.--Examine

and copy or microfilm any public records within the control

of a Commonwealth agency for the purposes of historical

research.

[(2)] (3) Preservation of public records.--Preserve all

public records throughout this Commonwealth and give special

attention to the preservation of all records of the

Commonwealth not in current use and of historical value;

negotiate for the transfer and receipt of public records from

any Commonwealth agency or political subdivision; and provide

for the disposition of records not needed or useful in the

transaction of current or anticipated future work of the

Commonwealth under section 524 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929.

The commission shall be the legal custodian of any public

records transferred to it by any Commonwealth agency or

political subdivision. The head of any Commonwealth agency or

political subdivision may transfer to the commission public

records legally in his custody not needed for the transaction

of the business of the office whenever the commission is

willing to receive and care for them.

[(3)] (4) Management of historical documents.--Collect,

classify, preserve and make available for reference all

20190SB0372PN0453 - 5 -

records which may come into its possession with the

exceptions indicated by the commission; and examine the

condition of the public records, books, pamphlets, documents,

manuscripts, archives, maps and papers filed or recorded in

any Commonwealth agency or political subdivision. The

executive director or any employees authorized by him shall

have reasonable access to all public records in this

Commonwealth for the purpose of examining them and shall

report to the commission on their condition.

[(4)] (5) Regulation of Commonwealth records.--Recommend

such action be taken by the persons having the care and

custody of public records as may be necessary to secure their

safety and preservation; cause all laws relating to public

records to be enforced; and recommend and enforce uniform

standards governing the use of paper, ink and filing

procedure for all records and papers of Commonwealth agencies

and political subdivisions that are considered of permanent

historical importance.

[(5)] (6) Certificates relating to public records.--

Furnish certificates relating to public records, or copies

thereof, upon the payment of fees established by the

commission or otherwise fixed by law.

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

(i) Records of the first titles acquired by the

proprietaries and the Commonwealth to all the lands

within its boundaries.

(ii) Records of all lands and conveyances from the

proprietaries and the Commonwealth to the purchasers of

the land.

(iii) Papers relating to the surveys of this

20190SB0372PN0453 - 6 -

Commonwealth and county lines and the reports of

commissioners relating to the boundary lines of this

Commonwealth.

(iv) Maps and other papers pertaining to the

colonial history of this Commonwealth.

(v) Contracts, section profile maps and other

records relating to public works.

(vi) All other relevant records relating to titles

of real estate acquired by the Commonwealth.

(8) Protection and recovery of Commonwealth records.--

Maintain and preserve Commonwealth records in accordance with

its powers and duties under section 305.1 (relating to

Commonwealth archival records).

(9) Protection and recovery of local government

records.--Maintain and preserve local government records in

accordance with its powers and duties under section 305.2

(relating to local government archival records).

(10) Access to older public records.--Ensure access to

older public records in accordance with its powers and duties

under section 305.3 (relating to access to older public

records).

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

§ 305.1. Commonwealth archival records.

(a) Statement of policy.--It is the policy of the

Commonwealth that Commonwealth records belong to the citizens of

this Commonwealth.

(b) Sale or transfer of Commonwealth archival records

prohibited.--

(1) A person may not sell, transfer or otherwise

alienate a Commonwealth archival record unless specifically

20190SB0372PN0453 - 7 -

authorized by law or established by approved record retention

procedures of the Commonwealth.

(2) In addition to any other penalty provided by law, a

person who violates this subsection may be subject to a civil

penalty of not more than $2,500.

responsibilities for the operation of the State Archives may

demand the return of any Commonwealth archival record in the

possession of a person, organization, institution or other

entity if removal of the record from Commonwealth possession was

not authorized by the Commonwealth.

(d) Notice and demand of return.--

(1) When the executive director, in consultation with

the State Archivist, has reasonable grounds to believe that a

Commonwealth archival record is in the possession of a

person, organization, institution or other entity not

authorized by law to possess that record, the commission may

issue written notice and demand to that person, organization,

institution or other entity for the immediate return of the

record. The notice and demand shall be sent by certified or

registered mail, return receipt requested. The notice and

demand shall identify the Commonwealth archival record

claimed with reasonable specificity.

(2) Upon receipt of the notice and demand, the person,

organization, institution or other entity in the possession

of the Commonwealth archival record shall not destroy, alter,

transfer, convey or otherwise alienate the record unless

authorized in writing by the executive director or by an

order issued by a court of competent jurisdiction.

(e) Petition.--If the person, organization, institution or

20190SB0372PN0453 - 8 -

other entity in possession of the Commonwealth archival record

refuses or fails to deliver the record on demand, the commission

may petition Commonwealth Court for recovery of the record.

(f) Seizure of Commonwealth archival records.--At any time

after or contemporaneous with the filing of a petition under

subsection (e), the commission may petition the court to have

the record seized if there are reasonable grounds to believe the

record is in danger of being destroyed, mutilated, altered,

secreted, sold or otherwise removed from the unauthorized

possession of a person, organization, institution or other

entity. The order of seizure shall issue with notice to the

respondent upon seizure and without the posting of any bond or

other security by the petitioner.

(g) Presumption.--In any proceeding under subsection (e),

there is a rebuttable presumption that Commonwealth archival

records that were once in the custody of the Commonwealth were

not lawfully alienated from that custody.

§ 305.2. Local government archival records.

(a) General rule.--If a local government agency has

reasonable grounds to believe that a local government archival

record is in the possession of a person, organization,

institution or other entity not authorized by the local

government agency to possess that record, it may request the

commission to act on its behalf pursuant to the procedures

specified in section 305.1 (relating to Commonwealth archival

records) or may undertake on its own behalf the same procedure

available to the commission under section 305.1.

(b) Preservation of record status.--Upon receipt of the

notice and demand from the commission or a local government

agency issued under this section, the person, organization,

20190SB0372PN0453 - 9 -

institution or other entity in the possession of the local

archival record claimed to belong to the local government agency

may not destroy, alter, transfer, convey or otherwise alienate

the record unless authorized by the local government agency or

by an order issued by a court of competent jurisdiction.

agency to act under subsection (a), the commission may demand

return of a local archival record in the private possession of a

person, organization, institution or other entity if removal of

the record from government possession was not authorized by the

local government agency.

§ 305.3. Access to older public records.

(a) Access.--Any provision of law that exempts from public

disclosure an item in the custody of the State Archives shall

not apply after the item becomes at least 75 years old,

irrespective of:

(1) The origin of the item.

(2) The manner in which it was deposited with the State

Archives.

(3) Any other condition or circumstance at the time the

item was deposited.

(b) Applicability.--Subsection (a) shall apply to any item

currently in the custody of the State Archives and any item

deposited in the State Archives after the effective date of this

section.

notify a party who deposits an item in the State Archives after

the effective date of this section of the provisions of

subsection (a).

(d) Public notice.--The commission's publicly accessible

20190SB0372PN0453 - 10 -

Internet website shall include a public notice stating that on

or after January 1, 2020, all items that are at least 75 years

old and on deposit in the State Archives shall be accessible to

the public.

(e) Construction.--If the provisions of this section

conflict with any State law limiting disclosure of vital

statistics or sealed records or with Federal law, the provisions

of this section shall not apply.

Section 6. Sections 701(b)(1) introductory paragraph and

702(7), (12), (16), (17), (21), (26), (29), (32), (36), (37),

(39), (41), (48), (50), (52), (59) and (62) (61) of Title 37 are

amended to read:

§ 701. Title to historic property.

* * *

(b) Leases.--

(1) For purposes of historic preservation, or for

educational, recreational, residential or agricultural

purposes, or for parking areas or concessions for the

convenience and comfort of the public, the commission may

lease historic property for a period not to exceed [five] 25

years to any person or organization of the Commonwealth. The

commission shall lease the property in the following manner:

* * *

§ 702. Powers over certain historic property.

In addition to all other powers vested in the commission by

this title or other statute, the commission shall exercise all

powers conferred on it by law with respect to the historic

properties known as:

* * *

[(7) Cashiers House.]

20190SB0372PN0453 - 11 -

<--

* * *

[(12) David Bradford House.]

* * *

[(16) Fort Augusta.

(17) Fort Le Boeuf Museum.]

* * *

[(21) Governor Printz Park.]

* * *

[(26) John Brown House.]

* * *

[(29) Judson House.]

* * *

[(32) McCoy House.]

* * *

[(36) Nathan Denison House.

(37) Old Brown's Mill School.]

* * *

[(39) Old Custom House.]

* * *

[(41) Old Mill Village.]

* * *

[(48) Pottsgrove Mansion.]

* * *

[(50) Robert Fulton Birthplace.]

* * *

[(52) Sodom School House.]

* * *

[(59) Tuscarora Academy.]

* * *

[(62) Washington Crossing.]

20190SB0372PN0453 - 12 -

<--

[(61) WARRIOR RUN CHURCH AND CEMETERY.]

* * *

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

20190SB0372PN0453 - 13 -

<--