2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 305.1 - Commonwealth archival records

§ 305.1. Commonwealth archival records.
(a) Statement of policy.--
It is the policy of the Commonwealth that Commonwealth records belong to the citizens of this Commonwealth.
(b) Sale or transfer of Commonwealth archival records prohibited.--
(1) A person may not sell, transfer or otherwise alienate a Commonwealth archival record unless specifically authorized by law or established by approved record retention procedures of the Commonwealth.
(2) In addition to any other penalty provided by law, a person who violates this subsection may be subject to a civil penalty of not more than $2,500.
(c) Commission authority.--
The commission, as part of its responsibilities for the operation of the State Archives, may demand the return of any Commonwealth archival record in the possession of a person, organization, institution or other entity if removal of the record from Commonwealth possession was not authorized by the Commonwealth.
(d) Notice and demand of return.--
(1) When the executive director, in consultation with the State Archivist, has reasonable grounds to believe that a Commonwealth archival record is in the possession of a person, organization, institution or other entity not authorized by law to possess the record, the commission may issue written notice and demand to the person, organization, institution or other entity for the immediate return of the record. The notice and demand shall be sent by certified or registered mail, return receipt requested. The notice and demand shall identify the Commonwealth archival record claimed with reasonable specificity.
(2) Upon receipt of the notice and demand, the person, organization, institution or other entity in the possession of the Commonwealth archival record may not destroy, alter, transfer, convey or otherwise alienate the record unless authorized in writing by the executive director or by an order issued by a court of competent jurisdiction.
(e) Petition.--
If the person, organization, institution or other entity in possession of the Commonwealth archival record refuses or fails to deliver the record on demand, the commission may petition Commonwealth Court for recovery of the record.
(f) Seizure of Commonwealth archival records.--
At any time after or contemporaneous with the filing of a petition under subsection (e), the commission may petition the court to order the seizure of the record if there are reasonable grounds to believe the record is in danger of being destroyed, mutilated, altered, secreted, sold or otherwise removed from the unauthorized possession of the person, organization, institution or other entity. The order of seizure shall be issued with notice to the respondent upon seizure and without the posting of any bond or other security by the petitioner.
(g) Presumption.--
In any proceeding under subsection (e), there is a rebuttable presumption that Commonwealth archival records that were once in the custody of the Commonwealth were not lawfully alienated from that custody.
(Nov. 3, 2022, P.L.1665, No.102, eff. 60 days)
2022 Amendment.
Act 102 added section 305.1.
Cross References.
Section 305.1 is referred to in sections 305, 305.2 of this title.