Bill Text: PA HB1453 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for form of permanent recordation and for copies of destroyed records.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-02-01 - Referred to JUDICIARY [HB1453 Detail]

Download: Pennsylvania-2011-HB1453-Amended.html

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PRIOR PRINTER'S NO. 1743 PRINTER'S NO. 2086
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1453 Session of2011
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 <--
with subsection (c).
(b) Records of permanent value.--[Records which are <--
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, <--
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). <--
(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 <--
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
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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.
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