Pennsylvania Act 1949-311 — AUTHORIZING RECORDS TO BE COPIED

Act text

AUTHORIZING RECORDS TO BE COPIED
                 Act of May 11, 1949, P.L. 1076, No. 311              Cl. 65
                                  AN ACT

     Authorizing the recording, copying and recopying, of documents,
        plats, papers, written instruments, records and books on file
        or of record, and the replacement and certification of
        originals previously filed and of record, by officers of
        counties of the first class and of cities of the first class,
        by photostatic, photographic, microphotographic, microfilm,
        or other mechanical process; relating to the effect and use
        of such copies, records, reproductions, replacements and
        transcripts, or certified copies thereof; providing for a
        recording fee and its use; and providing for revision of and
        entries to be made on originals and copies so produced or
        replaced. (Title amended Feb. 18, 1998, P.L.184, No.30)

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

        Section 1.  Whenever any officer of any county of the first
     class or of any city of the first class is required or
     authorized by law or otherwise to record, copy or recopy any
     document, plat, paper or instrument of writing, he may do so by
     any photostatic, photographic, microphotographic, microfilm,
     microcard, miniature photographic, optical, electronic or other
     process which accurately reproduces the original and forms a
     durable medium for recording, storing and reproducing the
     original in accordance with standards, policies and procedures
     for the creation, maintenance, transmission or reproduction of
     images of records not less than those approved by the National
     Institute of Standards and Technology. Any document, plat, paper
     or instrument of writing within the scope of this section and
     which previously has been recorded, copied or recopied also may
     be reproduced by processes authorized by this section.
        (1 amended Feb. 18, 1998, P.L.184, No.30)
        Section 1.1.  In addition to any other fee provided by law,
     including any fee set by local ordinance, a fee in the amount of
     $2 shall be charged and collected for each document recorded by
     the recorder of deeds or equivalent officer of any city or
     county of the first class. Fees collected pursuant to this
     section shall be paid into the general fund of such city or
     county for appropriation solely to the office of the recorder of
     deeds or equivalent officer of any city or county of the first
     class to be used, in accordance with regular budgeting,
     contracting and procurement practices, to support development
     and improvement of office records management activities and
     systems in the office of the recorder of deeds or in its
     equivalent. Amounts so appropriated shall not be used to
     substitute any allocations of general fund revenues for the
     operation of the recorder's office.
        (1.1 added Feb. 18, 1998, P.L.184, No.30)
        Section 2.  In any case where an original document, plat,
     paper, written instrument, record, or book of record, previously
     filed or of record in the office of such officer is, whether
     because of the worn or injured condition thereof or for any
     other reason, copied and replaced by such process, and where
     such officer is required by law to certify in or on the paper or
     book replacing the original so copied that the replacement is a
     true and correct copy of the original, a copy of such
     certification by such officer, similarly made and produced and
     included at the end of the replacement, shall be sufficient
     compliance with such law.
        Section 3.  Copies, records, reproductions and replacements,
     or enlarged reproductions thereof, thus produced, shall be
     considered as original copies, records, papers, or books of
     record, for all purposes, shall have the same effect in law and
     equity, and shall be admissible in evidence in like manner and
     under the same conditions as original copies, records, papers,
     or books of record, produced or copied in any other manner
     authorized by law.
        Section 4.  Transcripts or certified copies of such copies,
     records, reproductions and replacements, shall be considered as
     transcripts or certified copies of the originals.
        Section 5.  In any case where any record or replacement
     thereof in the office of any such officer is produced by such
     process, any correction, alteration, endorsement, or entry,
     required or authorized to be made of or on any instrument or
     paper or on the record thereof, may be made by filing or
     inserting copies or recopies produced by the same process, of
     the pages, page, or part of the page, so corrected, altered, or
     on which such endorsement or entry is made, next to the place
     wherein the copy or record of such instrument or paper is
     contained or in such other manner as such officer shall deem
     advisable or practicable.
        Section 6.  All acts or parts of acts inconsistent herewith
     are hereby repealed.
        Section 7.  The provisions of this act shall become effective
     immediately upon final enactment.