§ 305.1. Commonwealth archival records
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 37 Pa.C.S.A. Historical and MuseumsEffective: January 3, 2023
Effective: January 3, 2023
37 Pa.C.S.A. § 305.1
§ 305.1. Commonwealth archival records
(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.
(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.
(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.
Credits
2022, Nov. 3, P.L. 1665, No. 102, § 5, effective in 60 days [Jan. 3, 2023].
37 Pa.C.S.A. § 305.1, PA ST 37 Pa.C.S.A. § 305.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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