Pennsylvania Act 1949-250 — "RECORDING AND COPYING OF POLITICIAL SUBDIVISION RECORDS"

Act text

"RECORDING AND COPYING OF POLITICIAL SUBDIVISION RECORDS"
                  Act of May 9, 1949, P.L. 908, No. 250               Cl. 65
                                  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 digital, photostatic, photographic,
        microfilm or other process, and the admissibility thereof and
        enlargements thereof in evidence; providing for the storage
        of duplicates and sale of microfilm and digital copies of
        official records and for the destruction of other records
        deemed valueless; and providing for the services of the
        Pennsylvania Historical and Museum Commission to political
        subdivisions. (Title amended Dec. 9, 2002, P.L.1565, No.205)

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

        Section 1.  Whenever any public officer of any political
     subdivision or agency thereof, including home rule
     municipalities, other than counties of the first class or
     agencies thereof and cities of the first class or agencies
     thereof, is required or authorized by law or otherwise to record
     or copy any document, the officers may do so by any digital,
     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 approved by the County or Local Government
     Records Committees, as applicable, but not less than those
     standards, policies and procedures approved by the National
     Institute of Standards and Technology. Any document within the
     scope of this section and which previously has been recorded or
     copied may be reproduced by processes authorized by this
     section.
        (1 amended Dec. 9, 2002, P.L.1565, No.205)
        Section 2.  Copies of records thus produced, or enlarged
     reproductions of copies of records thus produced, shall have the
     same effect, and be admissible in evidence in like manner and
     under the same conditions, as copies of original records
     produced in accordance with the law in effect immediately prior
     to the passage of this act.
        Section 3.  Roll and unitized microfilms and digital and
     imaged records shall be adequately identified in conformance
     with standards, policies and procedures approved by the County
     or Local Government Records Committees, as applicable. It shall
     be the responsibility of the custodian of the records copied to
     regulate and supervise the copying process and to inspect the
     resulting microcopies and digital and imaged records so as to
     satisfy the custodian that all copies are complete, accurate and
     clearly legible. When any enlarged reproduction of such record
     is to be used as evidence, the reproduction shall contain, or
     have attached thereto, the signed and sealed attestation of the
     officer having the official custody of the record that the same
     is a true and correct copy thereof.
        (3 amended Dec. 9, 2002, P.L.1565, No.205)
        Section 4.  (4 repealed Feb. 18, 1998, P.L.178, No.28)
        Section 5.  (5 repealed Feb. 18, 1998, P.L.178, No.18)
        Section 6.  Records which have been reproduced or copied in
     accordance with section one of this act or other records which
     are deemed valueless may be destroyed or otherwise disposed of
     in accordance with applicable laws and regulations or schedules
     and procedures relating to the destruction of public records
     approved by the County or Local Government Records Committees,
     as applicable.
        (6 amended Feb. 18, 1998, P.L.178, No.28)
        Section 6.1.  (6.1 repealed Feb. 18, 1998, P.L.178, No.28)
        Section 6.2.  (6.2 repealed Feb. 18, 1998, P.L.178, No.28)
        Section 7.  (7 repealed Feb. 18, 1998, P.L.178, No.28)
        Section 8.  The executive director of the Pennsylvania
     Historical and Museum Commission may, at the executive
     director's discretion, make available the services of the
     Pennsylvania Historical and Museum Commission to political
     subdivisions of the Commonwealth for the purpose of digitizing,
     photographing or imaging public records upon such terms and
     conditions as the executive director may prescribe, which terms
     shall provide for the payment to, and reimbursement of, the
     Commonwealth for the reasonable cost of such services.
        (8 amended Dec. 9, 2002, P.L.1565, No.205)
        Section 9.  The act, approved the twentieth day of May, one
     thousand nine hundred thirty-seven (Pamphlet Laws 739), entitled
     "An act authorizing the recording and copying of documents,
     plats, papers, and instruments of writing by photostatic,
     photographic or other mechanical process; and relating to the
     effect and use of such copies and records," is hereby repealed
     so far as it is inconsistent with the provisions of this act.
        All other acts or parts of acts inconsistent with the
     provisions of this act are hereby repealed.