Pennsylvania Act 1963-407 — CREATING A COUNTY RECORDS COMMITTEE

Act text

CREATING A COUNTY RECORDS COMMITTEE
                 Act of Aug. 14, 1963, P.L. 839, No. 407              Cl. 16
                                  AN ACT

     Creating a county records committee; imposing powers and duties
        upon it; authorizing the Pennsylvania Historical and Museum
        Commission to assist and cooperate with it; defining county
        records; and authorizing the disposition of certain county
        records by county officers in counties of the second to
        eighth class. (Title amended Nov. 23, 1976, P.L.1161, No.258)

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

        Section 1.  There is hereby created a county records
     committee which shall consist of sixteen members who shall be
     appointed by the Governor for a term of four years. One member
     of the committee shall be the Chief Justice of the Pennsylvania
     Supreme Court, or his judicial representative, one a
     representative of the Pennsylvania Historical and Museum
     Commission, one an attorney, one a prothonotary, one a clerk of
     courts, one a county commissioner, one a county controller or
     auditor, one a district attorney, one a county treasurer, one a
     sheriff, one a register of wills, one a recorder of deeds, one a
     clerk of orphans' court, one a jury commissioner, one a coroner,
     and the other a member of the general public. The committee
     shall select one of its members to serve as chairman. Within the
     means at its command, the Pennsylvania Historical and Museum
     Commission shall assist and cooperate with the county records
     committee by providing for its necessary expenses, by providing
     for examining and inventorying county records for the
     preparation of schedules, and by enforcing such schedules and
     procedures as the county records committee may make or revise
     under the provisions of this act.
        (1 amended Oct. 7, 2010, P.L.480, No.67)
        Section 2.  The following words and phrases when used in this
     act shall have the meanings given to them in this section unless
     the context clearly indicates otherwise:
        "Commission."  The Pennsylvania Historical and Museum
     Commission of the Commonwealth.
        "County."  Any county of the second through eighth class,
     including any of such counties as may have adopted a home rule
     charter.
        "County records."  Any papers, dockets, books, maps,
     photographs or other documentary materials, regardless of
     physical form or characteristics, made or received in any office
     of county government in pursuance of law or in connection with
     transactions of public business in the exercise of its
     legitimate functions and the discharge of its responsibilities.
        (2 amended Feb. 18, 1998, P.L.181, No.29)
        Section 3.  It shall be the duty of the committee to meet at
     least once a year to make or revise schedules setting forth the
     conditions under which county records filed in any office of
     county government may be disposed of. Meetings of the committee
     shall be called by the Executive Director of the Pennsylvania
     Historical and Museum Commission; however, meetings may also be
     called by the chairman or by a majority of the members of the
     committee whenever the chairman or the majority of members deems
     it necessary.
        (3 amended Feb. 18, 1998, P.L.181, No.29)
        Section 4.  County officers in counties, as defined in this
     act, may dispose of all county records in their custody,
     provided they follow the schedules and procedures prescribed by
     the county records committee and maintain a log of individual
     disposition actions involving nonpermanent records. Copies of
     such logs, in a form approved by the committee, shall be
     submitted annually to the commission. Original records scheduled
     for permanent retention may be disposed of if the county officer
     creates and maintains a copy of the original in conformance with
     section 4.1 and receives written permission from the commission.
     Written permission from the commission is required only for
     disposition actions involving records scheduled for permanent
     retention, records not listed on the schedules and records
     selected for transfer to the State Archives.
        (4 amended Feb. 18, 1998, P.L.181, No.29)
        Section 4.1.  Records may be recorded, copied or recopied in
     conformance with the act of May 9, 1949 (P.L.908, No.250),
     entitled "An act relating to public records of political
     subdivisions other than cities and counties of the first class;
     authorizing the recording and copying of documents, plats,
     papers and instruments of writing by photostatic, photographic,
     microfilm or other mechanical process, and the admissibility
     thereof and enlargements thereof in evidence; providing for the
     storage of duplicates and sale of microfilm copies of official
     records and for the destruction of other records deemed
     valueless; and providing for the services of the Department of
     Property and Supplies to political subdivisions," and applicable
     policies, standards and procedures adopted by the committee. In
     the event of any such destruction or other disposition of any
     public records under the provisions of this section, the copy
     shall be receivable in evidence in any court or proceeding and
     shall have the same force and effect as though the original
     public record had been there produced and proved.
        (4.1 added Feb. 18, 1998, P.L.181, No.29)
        Section 5.  No county officer shall be held liable on his
     official bond or in anyway, either civil or criminal, because of
     the disposition of records, provided he disposes of the records
     in accordance with the schedules adopted by the committee.
        (5 amended Nov. 22, 1968, P.L.1083, No.335)
        Section 6.  All acts and parts of acts are repealed in so far
     as they are inconsistent herewith.
        (6 amended Nov. 30, 1967, P.L.650, No.300)
        Section 7.  This act shall take effect immediately.
        (7 amended Nov. 30, 1967, P.L.650, No.300)