53 Pa.C.S. Ch. 13

in effect

53 Pa.C.S. § 1381 Short title and scope of subchapter.

(a) Short title of subchapter.--This subchapter shall be known and may be cited as the Municipal Records Act. (b) Scope of subchapter.--This subchapter applies to the following entities: (1) A city of the third class, borough, incorporated town, township of the first class or township of the second class, including any municipal corporation as described in this paragraph which has adopted a home rule charter. (2) Municipal authorities created by any municipal corporation which is subject to this subchapter. This subchapter does not apply to cities of the first class, second class or second class A. (Feb. 18, 1998, P.L.175, No.27, eff. 60 days)

53 Pa.C.S. § 1382 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Commission." The Pennsylvania Historical and Museum Commission. "Committee." The Local Government Records Committee. "Public records." Any papers, books, maps, photographs or other documentary materials, regardless of physical form or characteristics, made or received by an entity under law or in connection with the exercise of its powers and the discharge of its duties.

53 Pa.C.S. § 1383 Disposition of public records.

Public records may be disposed of if the disposition is in conformity with schedules and regulations which are promulgated by the committee as established by section 1385 (relating to Local Government Records Committee). (Feb. 18, 1998, P.L.175, No.27, eff. 60 days)

53 Pa.C.S. § 1384 Proposed retention and disposal schedules.

The commission, in cooperation with the several associations of municipal officials and related Commonwealth agencies, shall make a study of public records and shall prepare proposed retention and disposition schedules for submission to the committee for its approval and advise each of them of all applicable operative schedules and prepare updates of these schedules as needed. No such schedule shall be operative unless approved by the committee. (Feb. 18, 1998, P.L.175, No.27, eff. 60 days)

53 Pa.C.S. § 1385 Local Government Records Committee.

(a) Establishment.--There shall be established under the commission the Local Government Records Committee which shall consist of the Auditor General, the State Treasurer, the General Counsel, the Executive Director of the Pennsylvania Historical and Museum Commission, the Secretary of Community and Economic Development and five other members to be appointed by the Governor to represent each of the following municipal associations: the League of Cities, the State Association of Boroughs, the State Association of Township Commissioners, the State Association of Township Supervisors and the Municipal Authorities' Association. Each ex officio member of the committee may designate in writing a representative to act in place of the member. The Secretary of Community and Economic Development shall serve as chairman, and the executive director of the commission shall serve as secretary. Meetings of the committee shall be at the call of the chairman. (b) Powers and duties.--The committee shall have the powers and duties vested in and imposed upon it by this subchapter and shall promulgate regulations not inconsistent with law necessary to adequately effectuate its powers and duties. (Feb. 18, 1998, P.L.175, No.27, eff. 60 days; May 5, 1998, P.L.301, No.50, eff. 60 days) 1998 Amendments. Act 27 amended the entire section and Act 50 amended subsec. (a). Act 50 overlooked the amendment by Act 27, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 1385. Cross References. Section 1385 is referred to in section 1383 of this title.

53 Pa.C.S. § 1386 Effect of approval of schedule.

(a) Disposition generally.--Whenever a schedule is approved by the committee, a copy shall be filed with the commission which shall, through appropriate means, notify the entities that the schedule has been approved. Upon such notification, the schedule becomes effective and may be acted upon by them until superseded by a subsequent duly approved schedule. Each entity shall declare its intent to follow the schedule by ordinance or resolution. Each individual act of disposition shall be approved by resolution of the governing body. (b) Disposition of permanent retention records.--Original records scheduled for permanent retention may be disposed of if, in addition to the procedures listed in this section, the entity generates and maintains a copy of the original in conformance with section 1388 (relating to recording and copying records) and receives written permission from the commission to dispose of the records. Written permission from the commission is required only for disposition actions involving records scheduled for permanent retention, records not listed on the schedules and records selected for transfer to the State Archives. (Feb. 18, 1998, P.L.175, No.27, eff. 60 days)

53 Pa.C.S. § 1387 Nonliability of official.

An official shall not be held liable on his official bond for damages for loss or in any other manner, civil or criminal, because of the disposition of public records pursuant to the provisions of this subchapter.

53 Pa.C.S. § 1388 Recording and copying records.

(a) Authorized methods.--Records may be recorded or copied in conformance with section 1 of the act of May 9, 1949 (P.L.908, No.250), entitled "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 photostatic, photographic, microfilm or other mechanical process, and the admissibility thereof and enlargements thereof in evidence; providing for the storage of duplicates and sale of microfilm copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Department of Property and Supplies to political subdivisions," and applicable policies, standards and procedures adopted by the committee. (b) Evidence of records.--Upon disposition of any public records under this subchapter, the copy shall be receivable in evidence in any court or proceeding and shall have the same force and effect as though the original public record had been produced and proved. (Feb. 18, 1998, P.L.175, No.27, eff. 60 days) References in Text. The title of the act of May 9, 1949 (P.L.908, No.250), referred to in subsec. (a), was amended by the act of February 18, 1998 (P.L.178, No.28), and the act of December 9, 2002 (P.L.1565, No.205). Cross References. Section 1388 is referred to in section 1386 of this title.

53 Pa.C.S. § 1389 Applicability of other statutes.

This subchapter is intended as a supplement to existing statutes. The existing statutes which provide for destruction may be utilized by officials in lieu of compliance with this subchapter. Nothing in this subchapter shall prevent officials from retaining records longer than the periods which may be provided in schedules approved by the committee.

53 Pa.C.S. § 1391 Acceptance of gifts or donations (Unconstitutional).

2013 Effectuation of Declaration of Unconstitutionality. The Legislative Reference Bureau effectuated the 2004 unconstitutionality. 2004 Unconstitutionality. Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).

53 Pa.C.S. § 1392 Prohibition of fees for police services.

(a) Prohibition.--A municipality shall not charge a fee for or seek reimbursement of costs or expenses incurred as a result of municipal police responding to a motor vehicle accident, including, but not limited to, costs incurred for labor, materials, supplies or equipment used or provided in the response. (b) Limitation.--Subsection (a) shall not be construed to authorize the imposition of any fee other than those fees or charges for furnishing copies of reports under 75 Pa.C.S. § 3751 (relating to reports by police) in the form prescribed by the Department of Transportation and for recovery of the actual costs in furnishing copies of any additional information separate from that provided in 75 Pa.C.S. § 3751 and any other fees or charges authorized in State law. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Municipal police." A public agency of a municipality having general police powers and charged with making arrests in connection with the enforcement of the criminal or traffic laws. The term shall include any regional police department from which the municipality receives police services or any police department which provides the municipality with police services pursuant to agreement or contract. "Municipality." A county, city, borough, incorporated town, township or home rule municipality. (Dec. 18, 2007, P.L.461, No.69, eff. 60 days) 2007 Amendment. Act 69 added section 1392. Cross References. Section 1392 is referred to in section 1202 of Title 8 (Boroughs and Incorporated Towns).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=53Fetched: 10/16/2026