§ 305.2 — Local government archival records

Pennsylvania § 305.2

• Jurisdiction: Pennsylvania
• Title 37: HISTORICAL AND MUSEUMS
• Ch. 3: POWERS AND DUTIES OF PENNSYLVANIA HISTORICAL

Text

(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.

Legislative History

(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.