reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8123 - Suspension of certification

§ 8123. Suspension of certification.
(a) Temporary suspensions.
--The department may temporarily suspend the certification of an EMS provider or EMS vehicle operator without a hearing if the department determines that the person is a clear and immediate danger to the public health and safety. Notice to a provider or operator of a temporary suspension shall include a written statement of the underlying factual allegations. After issuance of the notice, the department shall commence formal disciplinary action against the person under section 8121 (relating to certification sanctions) or 8122 (relating to emergency medical services vehicle operators). Within 30 days following the issuance of an order temporarily suspending the certification, the department shall conduct a preliminary hearing to determine if there is a prima facie case supporting the temporary suspension. The person may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses and offer testimony and other evidence. If the department determines that there is not a prima facie case, the suspension shall be lifted immediately. If the department determines that there is a prima facie case, the temporary suspension shall remain in effect until vacated by the department, but not longer than 180 days unless agreed upon by the parties.
(b) Automatic suspensions.
--The department shall automatically suspend a certification issued under this chapter upon receiving a certified copy of court records establishing that the person has been adjudicated as incapacitated under 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation) or an equivalent statutory provision. The department shall lift the suspension upon the person establishing to the department that the person has been adjudicated to have regained capacity under 20 Pa.C.S. § 5517 (relating to adjudication of capacity and modification of existing orders) or an equivalent statutory provision.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8128 - Receiving facilities

§ 8128. Receiving facilities.
(a) Purpose.
--A receiving facility is a facility to which an ambulance may transport a patient who requires prompt medical care in addition to that provided by the ambulance crew after the crew responds to an emergency.
(b) Requirements.
--A receiving facility shall include, but need not be limited to, a fixed location having an organized emergency department, including a physician trained to manage cardiac, trauma, pediatric, medical, behavioral and all-hazards emergencies, who is present in the facility and available to the emergency department 24 hours per day and seven days per week. By regulation, the department may authorize other types of facilities to serve as receiving facilities for purposes of serving patients who have special medical needs.
(c) Patient transports.
--Unless directed otherwise by a medical command physician, the initial transport of a patient following an ambulance response to a reported emergency shall be to a receiving facility pursuant to a protocol under section 8105(c) (relating to duties of department) or 8109(c)(8) (relating to regional emergency medical services councils) or such other location as the department designated by protocol.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8130 - Advanced life support ambulances

§ 8130. Advanced life support ambulances.
(a) Purpose.--
An ALS ambulance crew provides medical assessment, triage, monitoring, treatment, transportation and observation of patients who require EMS above the skill level of an advanced EMT.
(b) Staffing requirements.--
(1) Except as otherwise provided in this section, minimum staffing requirements for an ALS ambulance when responding to a call to provide EMS for a patient requiring EMS above the skill level of an advanced EMT is one EMS provider at or above the EMT level, one EMS provider above the advanced EMT level and one EMS vehicle operator. Only the two EMS providers need to respond if one of them is also the EMS vehicle operator. When present, an EMS provider qualified to provide the type and level of EMS required by the patient must attend to the patient at the scene and during transportation. If a member of the ambulance crew arrives at the scene before another crew member, that person shall begin providing EMS to the patient at that person's skill level.
(2) Minimum staffing requirements for an ALS ambulance is the same as for a BLS ambulance when the ALS ambulance responds to a call to provide EMS for a patient requiring EMS at or below the skill level of an advanced EMT.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8130 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8130 is referred to in section 8129 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8131 - Air ambulances

§ 8131. Air ambulances.
(a) Purpose.--
An air ambulance is a rotorcraft staffed by a crew that provides medical assessment, treatment, monitoring, observation and transportation of patients who require EMS where time to administer definitive care is of the essence and transportation by air ambulance to a facility able to provide the care is faster than transportation by ground ambulance, or require EMS provided by specialized equipment or providers not available on a ground ambulance and the air ambulance can provide this faster than the patient would receive such care at a receiving facility if transported by ground ambulance.
(b) Staffing requirements.--
Minimum staffing standards for an air ambulance when dispatched to provide or when providing medical assessment, treatment, monitoring, observation or transportation of a patient is one pilot and two EMS providers other than the pilot who are above the advanced EMT level, with at least one of those two EMS providers specially trained in air medical transport.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8131 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8131 is referred to in section 8129 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8132 - Advanced life support squad vehicles

§ 8132. Advanced life support squad vehicles.
(a) Purpose.--
An ALS squad vehicle transports EMS providers above the advanced EMT level, along with equipment and supplies, to rendezvous with an ambulance crew or to respond prior to arrival of an ambulance, in order to provide medical assessment, monitoring, treatment and observation of a patient who requires EMS at or above the skill level of an advanced EMT. An ALS squad vehicle does not transport patients.
(b) Staffing requirements.--
Minimum staffing for an ALS squad unit responding to a call to provide EMS for a patient who requires EMS above the skill level of an advanced EMT shall be one EMS provider above the advanced EMT level and one EMS vehicle operator, except that the EMS provider may staff the vehicle alone if the EMS provider is also an EMS vehicle operator.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8132 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8132 is referred to in section 8129 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8134 - Basic life support squad vehicles

§ 8134. Basic life support squad vehicles.
(a) Purpose.--
A BLS squad vehicle transports an EMS provider, along with basic EMS equipment and supplies, to respond prior to arrival of an ambulance in order to provide EMS at or below the advanced EMT level of care. A BLS squad vehicle is not utilized to transport patients.
(b) Staffing requirements.--
Minimum staffing for a BLS squad vehicle when responding to a call to provide EMS for a patient is one EMS provider at or above the EMT level and an EMS vehicle operator, except that an EMS provider who is also an EMS vehicle operator may staff the vehicle alone.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8134 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8134 is referred to in section 8129 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8135 - Quick response services

§ 8135. Quick response services.
(a) Purpose.--
A QRS uses EMS providers to respond to calls for EMS and provide EMS to patients before an ambulance arrives.
(b) Staffing requirements.--
The minimum staffing requirement for a QRS is one EMS provider.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8135 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8135 is referred to in section 8129 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8136 - Special operations emergency medical services

§ 8136. Special operations emergency medical services.
(a) Purpose.--
A special operations EMS service provides EMS in situations or austere environments that require specialized knowledge, equipment or vehicles to access a patient or address the patient's emergency medical needs. The department shall by regulation provide for specific types of special operations EMS teams.
(b) Personnel requirements.--
By regulation, the department may establish additional training or expertise requirements for the EMS agency medical director and the EMS providers who staff a special operations EMS service.
(c) Other requirements.--
By regulation, the department may establish staffing, equipment, supply and any other requirement for a special operations EMS service.
(d) Extraordinary applications.--
An entity may propose to provide a special operations EMS need that has not been addressed by applying to the department for an EMS agency license to carry out the special operations EMS or, if it is licensed as an EMS agency, the entity may apply to the department to be authorized to provide the special operations EMS under its license. The department shall address each application on an individual basis and may conditionally deny or grant an application as appropriate to protect the public health and safety. The grant of an application shall be subject to compliance with any later-adopted regulations addressing the type of special operations EMS being provided by the entity.
(e) Protocols.--
The department may include in its Statewide EMS protocols special operations EMS protocols.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8136 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8137 - First aid and other services

§ 8137. First aid and other services.
(a) Purpose.--
An EMS agency may provide EMS at industrial sites, amusement parks or other locations in need of the service. No ambulance or other EMS vehicle shall be required for this purpose.
(b) Staffing.--
The minimum staffing requirement is one EMS provider.
(c) Other requirements.--
As assigned by the EMS agency, the EMS provider may provide EMS and other medical safety services up to the level for which the EMS provider has the credentials to provide EMS for the EMS agency.
(c.1) Blood draw services.--
A paramedic may provide assistance to law enforcement upon request to perform a legal blood draw on behalf of the agency from persons suspected of violating 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3735 (relating to homicide by vehicle while driving under influence), 3735.1 (relating to aggravated assault by vehicle while driving under the influence), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock). Services provided under this subsection shall be considered to be within the paramedic's scope of practice. An agency vehicle may be utilized to provide the services under this subsection if the agency has implemented policies to ensure that EMS will not be unavailable when an ambulance is needed for a 911 dispatch. An agency may enter into an agreement with law enforcement to provide blood draw services under this subsection. A paramedic performing a legal blood draw service within the paramedic's scope of practice under this section shall maintain the same liability protections provided for under this chapter. It shall be permissible for a court to allow a law enforcement officer who witnessed the blood draw to testify as to the chain of custody in place of the paramedic who drew the blood.
(d) Protocols.--
An EMS provider shall follow protocols approved by the department when providing EMS or any other services under this section.
(Nov. 3, 2016, P.L.1094, No.142)
2016 Amendment.
Act 142 amended the entire section, effective in 90 days as to the addition of subsec. (c.1) and immediately as to the remainder of the section.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8137 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8138 - Other vehicles and services

§ 8138. Other vehicles and services.
The department may by regulation prescribe EMS vehicle and service standards for EMS vehicles and services not specified in this chapter. If the department establishes standards in this section, an EMS agency license shall be required to operate the EMS vehicle or provide the service, and an EMS agency may not operate the vehicle or provide the service unless approved to do so by the department.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8138 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8139 - Stretcher and wheelchair vehicles

§ 8139. Stretcher and wheelchair vehicles.
(a) Stretcher vehicle.
--A stretcher vehicle is a ground vehicle other than an ambulance that is utilized to transport by stretcher persons who do not receive and cannot reasonably be anticipated to require medical assessment, monitoring, treatment or observation during transportation, but who, due to their physical condition, require vehicle transportation while on a stretcher or in a wheelchair.
(b) Wheelchair vehicle.
--A wheelchair vehicle is a ground vehicle other than an ambulance that is used to transport by wheelchair persons who do not receive and cannot reasonably be anticipated to require medical assessment, monitoring, treatment or observation during transportation, but who, due to their physical condition, require vehicle transportation while on a stretcher or in a wheelchair.
(c) Prohibition.
--Operation by an entity of a stretcher vehicle or wheelchair vehicle to transport a person who is known or reasonably should be known by the entity to require medical assessment, monitoring, treatment or observation during transportation shall constitute unlawful operation of an ambulance for purposes of section 8156(a) and (c) (relating to penalties) and, if used as an ambulance by an EMS agency, shall constitute misconduct in operating an EMS agency under section 8142(a)(7) (relating to emergency medical services agency license sanctions). For purposes of this section, unlawful operation includes, but is not limited to, the transportation of the person to or from a facility, a physician's office or any other location to receive or from which the person received health care services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8140 - Conditional temporary licenses

§ 8140. Conditional temporary licenses.
When an EMS agency or an applicant for a license to operate as an EMS agency does not provide service 24 hours per day and seven days per week or is unable to participate in a county-level or broader-level emergency medical response plan approved by the department, the department shall issue a conditional temporary license for operation of the EMS agency when the department determines that it is in the public interest, subject to such terms as the department deems appropriate. A conditional temporary license shall be valid for one year and may be renewed as many times as the department determines that it is in the public interest to do so.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8137 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8141 - Plans of correction

§ 8141. Plans of correction.
(a) Correction of violation.--
Upon determining that an EMS agency has violated this chapter or regulations promulgated under this chapter, the department may issue a written notice to the EMS agency specifying the violation or violations that have been found. The notice shall require the EMS agency to take immediate action to discontinue the violation or to submit a plan of correction to the department, or both, to bring the EMS agency into compliance with applicable requirements. If the nature of the violation is such that the EMS agency cannot remedy the problem immediately and a plan of correction is therefore required, the department may direct that the violation be remedied within a specified period of time. The EMS agency shall submit a plan of correction within 30 days of the department's issuance of the written notice. If immediate corrective action is required, the notice from the department shall request and the EMS agency shall provide prompt confirmation that the corrective action has been taken.
(b) Discretion.--
The department shall not afford the EMS agency an opportunity to correct a violation without facing disciplinary charges if the department determines that it is not in the public interest to do so.
Effective Date.
Section 9(1) of Act 37 of 2009 provided that section 8141 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
Cross References.
Section 8141 is referred to in section 8142 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8152 - Peer review

§ 8152. Peer review.
(a) Immunity from liability.
--
(1) A person who provides information to a review organization shall have the same protections from civil and criminal liability as a person who provides information to a review organization under the act of July 20, 1974 (P.L.564, No.193), known as the Peer Review Protection Act.
(2) An individual who is a member or employee of a review organization or who furnishes professional counsel or services to the organization shall have the same protections from civil and criminal liability for the performance of any duty, function or activity authorized or required of the review organization as a person who performs the duty, function or activity under the Peer Review Protection Act.
(b) Confidentiality of review organization's records.
--The proceedings and records of a review organization shall be held in confidence and shall have the same protections from discovery and introduction into evidence in civil proceedings as they would under the Peer Review Protection Act. A person who was in attendance at a meeting of a review organization shall be subject to the same testimony restrictions as a person who was in attendance at a meeting of a review organization under the Peer Review Protection Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8154 - Prohibited acts

§ 8154. Prohibited acts.
(a) Making false ambulance requests.
--It shall be unlawful for any person to intentionally report a medical emergency and summon an EMS response if the person does not have good cause to believe that there is a medical emergency for which an EMS response is needed. A person violating this subsection commits a summary offense.
(b) Obstruction.
--It is unlawful for any person to intentionally impede or obstruct any EMS provider in the performance of official duties if the EMS provider displays accepted department insignia or credentials. A person violating this subsection commits a summary offense.
(c) Impersonating an emergency medical services provider.
-- It is unlawful for any person to display an insignia or credentials or act in any manner that would lead reasonable persons to conclude that the person is an EMS provider if that person is not an EMS provider with a current registration to practice or that the person is a higher-level EMS provider than the level at which the person is certified and currently registered to practice. A person violating this subsection commits a summary offense.
(d) Misrepresentation of license.
--It is unlawful for any person who does not possess an EMS agency license issued by the department under this chapter to advertise, display vehicle markings or exhibit any other means that would lead a reasonable person to conclude that the person is a licensed EMS agency or provides a type or level of emergency care other than that for which the person is licensed to provide. A person violating this subsection commits a summary offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8155 - Surrender of license, accreditation or certification

§ 8155. Surrender of license, accreditation or certification.
The department shall require a person whose license, accreditation or certification has been suspended or revoked under this chapter to return to the department in the manner the department directs the license, accreditation document or certificate. A person who fails to do so commits a misdemeanor of the third degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8156 - Penalties

§ 8156. Penalties.
(a) Unlicensed agency.
--A person who operates a service or vehicle for which a license is required under section 8129 (relating to emergency medical services agencies) and who does not have a license to operate the service or vehicle commits a misdemeanor of the third degree.
(b) Unauthorized practice.
--A person who provides EMS without an EMS provider's certification or other legal authority to provide EMS commits a misdemeanor of the third degree. A provider who provides EMS without a current registration of the EMS provider's certification and without other legal authority to provide EMS commits a summary offense.
(c) Fine.
--In addition to any other civil remedy or criminal penalty provided for under this chapter, the department may levy a civil penalty of up to $5,000 per day upon a person who owns or operates an EMS agency in this Commonwealth, without having a license to operate that agency in this Commonwealth, and a fine of up to $1,000 per day upon a person who provides EMS without an EMS provider's certification or other legal authority to provide EMS.
Cross References.
Section 8156 is referred to in section 8139 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8157 - Adjudications and judicial review

§ 8157. Adjudications and judicial review.
Except as provided under this chapter for an emergency suspension, the department shall hold hearings and issue adjudications in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The adjudications may be appealed to the Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 35 - HEALTH AND SAFETY › Chapter 81 - Emergency Medical Services System › Section 8158 - Injured police animals

§ 8158. Injured police animals.
(a) Transportation.--
An emergency response provider may transport a police animal injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there is no individual requiring immediate medical attention or transport at that time.
(b) Emergency medical care.--
An emergency response provider may provide emergency medical care to a police animal injured in the line of duty while at the scene of the emergency or while the police animal is being transported to a veterinary clinic, hospital emergency department or similar facility.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Police animal."
As defined in 18 Pa.C.S. § 5531 (relating to definitions).
(July 11, 2022, P.L.719, No.60, eff. 60 days)
2022 Amendment.
Act 60 added section 8158.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 1 - General Provisions › Section 102 - Declaration of policy

§ 102. Declaration of policy.
It is hereby determined and declared as a matter of legislative finding and policy that:
(1) Section 27 of Article I of the Constitution of Pennsylvania makes the Commonwealth trustee for the preservation of the historic values of the environment.
(2) The conservation of Pennsylvania's historic and natural heritage and the preservation of public records, historic documents and objects of historic interest, and the identification, restoration and preservation of architecturally and historically significant sites and structures are duties vested primarily in the Pennsylvania Historical and Museum Commission.
(3) The irreplaceable historical, architectural, archaeological and cultural heritage of this Commonwealth should be preserved and protected for the benefit of all the people, including future generations.
(4) The preservation and protection of historic resources in this Commonwealth promotes the public health, prosperity and general welfare.
(5) The rapid social and economic development of our contemporary society threatens to destroy the remaining vestiges of our historic heritage.
(6) It is in the public interest for the Commonwealth, its citizens and its political subdivisions to engage in comprehensive programs of historic preservation for the enjoyment, education and inspiration of all the people, including future generations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Extra - Chapter Notes

Enactment.
Chapter 3 was added May 26, 1988, P.L.414, No.72, effective immediately unless otherwise
            noted.
Cross References.
Chapter 3 is referred to in section 502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 301 - General powers and duties

§ 301. General powers and duties.
The commission shall have the power and duty to:
(1) Serve as the official agency of the Commonwealth for the conservation of Pennsylvania's cultural heritage.
(2) Preserve public records, historical documents and objects of historical interest, possession and control of which have been transferred to the commission.
(3) Initiate, encourage, support and coordinate and carry out historic preservation efforts in this Commonwealth.
(4) Provide for historical research and interpretation and public access to this heritage.
(5) Sell to the public any publications that are published by any department, board, commission or officer of the Commonwealth.
(Dec. 9, 2002, P.L.1395, No.173, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 305.2 - Local government archival records

§ 305.2. Local government archival records.
(a) General rule.--
If a local government agency has reasonable grounds to believe that a local government archival record is in the possession of a person, organization, institution or other entity not authorized by the local government agency to possess the record, the local government agency may request the commission to act on its behalf pursuant to the procedures specified in section 305.1 (relating to Commonwealth archival records) or may undertake on the local government agency's own behalf the same procedure available to the commission under section 305.1.
(b) Preservation of record status.--
Upon receipt of the notice and demand from the commission or a local government agency issued under this section, the person, organization, institution or other entity in the possession of the local archival record claimed to belong to the local government agency may not destroy, alter, transfer, convey or otherwise alienate the record unless authorized by the local government agency or by an order issued by a court of competent jurisdiction.
(c) Commission action.--
If requested by a local government agency to act under subsection (a), the commission may demand return of a local archival record in the private possession of the person, organization, institution or other entity if removal of the record from government possession was not authorized by the local government agency.
(Nov. 3, 2022, P.L.1665, No.102, eff. 60 days)
2022 Amendment.
Act 102 added section 305.2.
Cross References.
Section 305.2 is referred to in section 305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 305.3 - Access to older public records

§ 305.3. Access to older public records.
(a) Access.--
Any provision of law that exempts from public disclosure an item in the custody of the State Archives shall not apply after the item becomes at least 75 years old, irrespective of:
(1) The origin of the item.
(2) The manner in which it was deposited with the State Archives.
(3) Any other condition or circumstance at the time the item was deposited with the State Archives.
(b) Applicability.--
Subsection (a) shall apply to any item currently in the custody of the State Archives and any item deposited in the State Archives after the effective date of this section.
(c) Notification to depositors.--
The State Archives shall notify a party who deposits an item in the State Archives after the effective date of this section of the provisions of subsection (a).
(d) Public notice.--
The commission's publicly accessible Internet website shall include a public notice stating that on or after January 1, 2021, all items that are at least 75 years old and on deposit in the State Archives shall be accessible to the public.
(e) Construction.--
If the provisions of this section conflict with any State law limiting disclosure of vital statistics or sealed records or with Federal law, the provisions of this section shall not apply.
(Nov. 3, 2022, P.L.1665, No.102, eff. 60 days)
2022 Amendment.
Act 102 added section 305.3.
Cross References.
Section 305.3 is referred to in section 305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 306 - Publications and reproductions

§ 306. Publications and reproductions.
The commission shall have the power and duty to:
(1) General.--
Publish or republish, either through the Department of General Services or cooperatively by and with private historical organizations, materials of historical or archaeological interest; compile, edit and print these publications; enter into agreements with publishers to subsidize the publication of books on Pennsylvania history, archaeology, anthropology, art, cartography, folklore and other cultural elements of Pennsylvania's heritage by agreeing to purchase a sufficient number to make publication possible, but these agreements shall be subject to the approval of the Governor and the State Treasurer; produce or reproduce facsimiles of historical material and enter into agreements to subsidize the manufacture of facsimiles of historical material by agreeing to purchase a sufficient number to make manufacture possible, but these agreements shall be subject to the approval of the Governor and the State Treasurer; sell publications, reprints of publications, reproductions or replicas, postcards and souvenirs of an historical nature at the State Museum and at the other historic properties and museums administered by the commission; and sell to the public any publications selected by the commission for sale and published by any department, board, commission or officer of the Commonwealth.
(2) Official repositories.--
Establish one official repository for its publications from among the qualified historical or archaeological societies within each of the geographic areas established and defined by the Department of Community Affairs as "Standard Regions." The Pennsylvania State Library and the Library of Congress shall also be official repositories for commission publications.
(3) Disposition of commission publications.--
Make one copy of each commission publication available at cost to all qualified historical or archaeological societies; and deliver one copy of each commission publication without charge to each official repository. The commission is excluded from the provisions of section 2406 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(4) Proprietary rights to subscription lists.--
Maintain proprietary rights over subscriber, membership or address lists that it creates which are excluded from provisions of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
(Dec. 9, 2002, P.L.1395, No.173, eff. imd.)
References in Text.
The Department of Community Affairs, referred to in par. (2), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in par. (4), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 3 - Powers and Duties of Pennsylvania Historical and Museum Commission › Section 307 - Qualified historical and archaeological societies

§ 307. Qualified historical and archaeological societies.
Any historical or archaeological society in this Commonwealth shall be deemed to be a qualified historical or archaeological society if it:
(1) Has at least 100 paid members, has been organized at least two years and has been incorporated as a corporation not-for-profit.
(2) Holds at least one public meeting annually at which papers are read or discussions held on historical or archaeological subjects.
(3) Has adopted a constitution and bylaws and has elected proper officers to conduct its business.
(4) Has either established a museum or library in which books, documents, papers and other objects of historical and cultural interest are deposited or has made periodic publications totaling at least 25 pages each year relating to the history of this Commonwealth or of the area in which the society is located.
Cross References.
Section 307 is referred to in section 103 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 502 - Powers and duties of commission

§ 502. Powers and duties of commission.
In addition to the powers and duties provided in Chapter 3 (relating to powers and duties of Pennsylvania Historical and Museum Commission), the commission shall have the power and duty to:
(1) Initiate and coordinate a Statewide survey to identify and document the historic resources in this Commonwealth, whether publicly or privately owned.
(2) Compile, maintain, revise and publish a selected inventory of significant historic resources in this Commonwealth, to be known as the Pennsylvania Register of Historic Places, pursuant to criteria of significance approved by the commission.
(3) Conduct research and compile documentation regarding historic resources.
(4) Prepare a comprehensive plan for the preservation of the historic resources in this Commonwealth, including suggested priorities for the allocation of public and private financial resources.
(5) Undertake the activities necessary to qualify the Commonwealth for participation in programs and sources of Federal assistance for purposes of historic preservation.
(6) Provide information and advice on historic resources and appropriate preservation procedures to public officials, private individuals and organizations.
(7) Advise public officials regarding the planning and implementation of undertakings affecting historic resources.
(8) Provide technical and financial assistance to public officials, private individuals and organizations engaged in historic preservation activities.
(9) Undertake activities to stimulate public interest in historic preservation, including publications, newsletters and conferences.
(10) Coordinate and comment upon activities of public officials affecting historic resources and preservation activities.
(11) Solicit, receive and utilize funds from any public or private source for purposes of historic preservation.
(12) Acquire easements in properties of historic, architectural and archaeological significance by gift, purchase, devise or any other lawful transfer when acquisition is necessary for the preservation thereof.
(13) Rent or lease historic resources and associated properties for purposes of historic preservation.
(14) Contract with other states, public officials in this Commonwealth or private individuals and organizations for purposes of historic preservation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 503 - Inclusion of property on register

§ 503. Inclusion of property on register.
The owner of private property of historic, architectural or archaeological significance, or a majority of the owners of private properties within a proposed historic district, shall be given the opportunity to concur in, or object to, the nomination of the property or proposed district for inclusion on the Pennsylvania Register of Historic Places. If the owner of the property, or a majority of the owners of the properties within the proposed historic district, object to the inclusion, the property shall not be included on the register.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 504 - Historic Preservation Board

§ 504. Historic Preservation Board.
(a) Membership.
--The board shall be composed of no less than nine residents designated by the commission, pursuant to recommendations by the executive director with the approval of the Governor. The board shall include at least one member with demonstrated competence in each of the following disciplines: architecture, archaeology, architectural history, history and historic preservation.
(b) Term of office.
--Members shall serve for a term of two years without compensation, other than reimbursement for actual and necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations, and shall serve until a successor is appointed and qualified.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 505 - Powers and duties of board

§ 505. Powers and duties of board.
The Historic Preservation Board shall have the power and duty to:
(1) Advise the commission on criteria of significance for inclusion of historic resources on the Pennsylvania Register of Historic Places.
(2) Review and recommend nominations of historic resources to the National Register of Historic Places.
(3) Review and comment upon the commission's comprehensive preservation plan for historic resources within this Commonwealth.
(4) Undertake any other activity determined by the commission to be necessary or desirable for the preservation of historic resources.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 506 - Archaeological field investigations on Commonwealth land

§ 506. Archaeological field investigations on Commonwealth land.
(a) Right to conduct field investigations.--
The Commonwealth reserves the exclusive right to conduct archaeological field investigations on archaeological resources owned or controlled by it, in order to protect and preserve archaeological specimens and information. The specimens and information shall remain the property of the Commonwealth and shall be utilized for scientific and public educational purposes.
(b) Responsibility of commission.--
The commission shall be responsible for the preservation, protection and proper investigation of archaeological resources located on land owned or controlled by the Commonwealth, including any submerged land owned or controlled by the Commonwealth.
(c) Survey of archaeological resources.--
The commission shall conduct surveys and prepare maps of archaeological resources located on lands in this Commonwealth and may make available the results of these surveys to the Federal Government, Commonwealth agencies and political subdivisions conducting activities which would affect these archaeological resources. The commission shall have and maintain proprietary rights over the maps and surveys indicating the location of archaeological resources or archaeological field investigations that have been inventoried or surveyed. These maps and surveys are excluded from the provisions of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. The commission shall make available in writing, within 30 days of a request, site location information based on recorded material evidence of the commission to Commonwealth agencies, political subdivisions, owners of the site, potential buyers of the site and agents of the site owner with a demonstrated need to know. The failure of the commission to provide this written response shall release the requestor from any further duties under this act.
(d) Permits for field investigations.--
The commission may issue permits for archaeological field investigations, subject to any restraints and conditions it prescribes, if the investigation is undertaken with the purpose of disseminating the knowledge gained and if the applicant agrees to submit to the commission a summary written report of the investigation, containing relevant maps, documents, drawings and photographs. All archaeological specimens collected pursuant to a permit issued under this subsection shall be the exclusive property of the Commonwealth, and the commission shall make appropriate arrangements for their disposition and study.
(Nov. 28, 1995, P.L.647, No.70, eff. 60 days)
1995 Amendment.
Act 70 amended subsec. (c).
References in Text.
The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (c), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 37 - HISTORICAL AND MUSEUMS › Chapter 5 - Historic Preservation › Section 508 - Interagency cooperation

§ 508. Interagency cooperation.
(a) Responsibilities of Commonwealth agencies.
--Commonwealth agencies shall:
(1) Consult the commission before demolishing, altering or transferring any property under their ownership or control that is or may be of historical, architectural or archaeological significance.
(2) Seek the advice of the commission on possible alternatives to the demolition, alteration or transfer of property under their ownership or control that is on or may be eligible for the Pennsylvania Register of Historic Places.
(3) Initiate measures and procedures to provide for the maintenance by means of preservation, rehabilitation or restoration of historic resources under their ownership or control that are listed on or are eligible for the Pennsylvania Register of Historic Places.
(4) Institute procedures and policies to assure that their plans, programs, codes, regulations and activities contribute to the preservation and enhancement of all historic resources in this Commonwealth. However, nothing in this title shall be construed as conferring on the commission the authority to delay, deny, condition or limit or cause to be delayed, denied, conditioned or limited any permits which would otherwise be issued by a Commonwealth agency beyond those time frames specified in section 507 (relating to cooperation by public officials with the commission), unless the applicant agrees in writing to such condition, limit or time extension. An applicant is prohibited from utilizing a permit or license in any manner that would impair or interfere with the performance of an archaeological survey or field investigation until the expiration of the time frames in section 507 or until receiving written notification from the commission that its archaeological survey or investigation is completed, whichever is sooner. Commonwealth agencies likewise are, in the absence of specific statutory language in their enabling or regulatory statutes, prohibited from stopping the processing or denying a permit solely because of the possible or actual presence of archaeological resources.
(5) Submit the procedures and policies described in paragraphs (3) and (4) to the commission for review and comment.
(b) Limitation.
--Nothing under this act shall confer power upon a political subdivision or municipal authority to delay, deny, condition or limit or cause to be delayed, denied, conditioned or limited any permit or approval because of failure to comply with this act. (Nov. 28, 1995, P.L.647, No.70, eff. 60 days)