THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROSS, GINGRICH, CREIGHTON, FREEMAN AND SANTARSIERO, MAY 3, 2011

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 14, 2011   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

form of permanent recordation and for copies of destroyed

records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 4323 and 4324 of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4323.  Form of [permanent] recordation.

(a)  In general.--Records may be reproduced in accordance

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with subsection (c).

(b)  Records of permanent value.--[Records which are

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classified as records of permanent value shall, prior to

destruction or other removal from the office of the person

having custody thereof, be processed in conformity with general

rules so that they may be reproduced [by any photostatic,

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photographic, microphotographic, microfilm, video tape, magnetic

tape, or other mechanical process which produces a clear,

accurate and permanent copy, microcopy or reproduction of the

original, in accordance with standards not less than those

approved for permanent records by the National Bureau of

Standards.] in accordance with subsection (c).

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(c)  Means of reproduction.--Any photostatic, photographic,

microphotographic, microfilm, microcard, miniature photographic,

optical, electronic or other process, analog or digital, which

accurately reproduces the original and forms secure and

unalterable copies 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 governing authority may be

utilized for reproducing records as authorized in accordance

with this subchapter.

(a)  In general.--Records may be reproduced in accordance

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with subsection (c).

(b)  Records of permanent value.--Records which are

classified as records of permanent value may be reproduced in

accordance with subsection (c) provided that if the original

record is being destroyed after reproduction:

(1)  the reproduction format shall be human readable; or

(2)  if the reproduction format is electronic or

otherwise not human readable, the governing authority, in

consultation with the County Records Committee, shall create

and apply standards, policies and procedures for the

creation, maintenance, backup, migration and transmission of

permanent records in that format.

(c)  Means of reproduction.--Any photostatic, photographic,

micrographic, microfilm, microcard, miniature photographic,

optical, electronic or other process, analog or digital, which

accurately reproduces the original and forms secure and

unalterable copies for recording may be utilized for reproducing

records as authorized in accordance with this subchapter.

(d)  Documents previously recorded, copied or recopied.-- Any

document 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.

§ 4324.  Copies of destroyed records.

[The photostatic, photographic, microphotographic,

microfilmed or otherwise reproduced] A copy of any record

destroyed or disposed of as authorized pursuant to this

subchapter, or a certified copy thereof, if produced in

accordance with section 4323 (relating to form of recordation) 

shall be admissible in evidence in any matter, and shall have

the same force and effect as though the original record had been

produced and proved. It shall be the duty of the person who

would have had custody of the original record, had it not been

destroyed pursuant to law, to prepare enlarged, typed or

photographic copies of such reproduced records whenever their

production is required.

Section 2.  This act shall take effect immediately.