and Museum Commission -
CHAPTER 3 POWERS AND DUTIES OF PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION Sec. 301. General powers and duties. 302. Specific powers and duties. 303. Sites. 304. Personal property. 305. Documents. 306. Publications and reproductions. 307. Qualified historical and archaeological societies. Enactment. Chapter 3 was added May 26, 1988, P.L.414, No.72, effective immediately. Cross References. Chapter 3 is referred to in section 502 of this title. § 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 (2) Preserve public records, historical documents and objects of historical interest, possession and control of which have been transferred to the commission.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.) § 302. Specific powers and duties. The commission shall have the power and duty to: (1) Pecuniary gifts.--Accept, on behalf of the Commonwealth, gifts and bequests, including securities, for the endowment of its work in accordance with the instructions of the donors and in conjunction with the Governor and State Treasurer, who shall, together with the members of the commission, constitute a body of trustees for the care of these funds. These trustees shall invest the funds in bonds of the Commonwealth or any of its political subdivisions and employ the interest and income from these investments for the purposes of the commission or apply these funds to the uses specified by the respective donors of the funds. Any donor of money or other property may specify that the donation shall be held in the form acquired, or shall be invested in or converted into some other specific property or class of investment, in which case the trustees shall be relieved of all liability which may result from the imprudent investment of the money so long as they comply with the instructions of the donor. (2) Independent and cooperative services or programs.-- Upon its own initiative or in cooperation with historical societies or organizations, conduct investigations upon historical or archaeological matters relative to this Commonwealth and report the findings for public information; with the approval of the Governor, enter into agreements with responsible historical associations, foundations and similar private organizations or with Federal agencies or public agencies of other states in order to carry on services or programs. (3) Archaeological and anthropological investigations.-- Examine, or cause to be examined, research or excavate the occupation or activity sites or areas and the cultural material remains of Native American, Colonial American and more recent American cultures in this Commonwealth, under the professional direction of the commission through the techniques of archaeology, anthropology and history; acquire, by purchase, gift or fieldwork, archaeological or anthropological collections of objects and data relative to the cultural history of this Commonwealth; conduct, or cause to be conducted, archaeological site surveys to locate, catalog, assess and permanently record these historic resources throughout this Commonwealth; maintain a central repository for map locations and written descriptions of such sites and historic resources; conduct, or cause to be conducted, research upon the cultural objects and data related to the cultural history of this Commonwealth and interpret the results of the research in scientific and popular publications, exhibits and special educational programs for the public; and undertake appropriate conservation, research, restoration and storage of all material items and data relative to the cultural heritage of this Commonwealth, which accrue to the archaeological and anthropological collections of the commission. (4) Cooperation with qualified historical or archaeological societies.--Cooperate with any qualified historical or archaeological society in investigations of historical or archaeological matters relating to this Commonwealth and in arranging, cataloging, displaying and microfilming collections of historical papers and documents, and objects or materials relative to the natural or cultural history of this Commonwealth, and otherwise encourage their activities. (5) Historical commemorations.--Develop, coordinate and carry out plans for celebrations commemorating important historical events, which shall be selected by the commission or the General Assembly upon passage of a concurrent resolution, in cooperation with qualified historical or archaeological societies and other responsible organizations. (6) Geographic names.--Determine all unsettled questions concerning geographic names which arise in any department and determine the names of mountains, rivers, creeks and other topographic features in this Commonwealth. In the exercise of its powers and the performance of its duties under this paragraph, the commission shall cooperate with the United States Board on Geographic Names. (7) Procurement of expert advice.--Consult with or procure the advice of experts in archaeology, anthropology, history, historical restoration, archival management, museum work or other fields related to its activities, compensate them for their services and establish committees of experts as needed to procure the advice. (8) Museum assistance and local history grant program.-- Establish and administer the museum assistance and local history grant program. The commission shall be required to approve all individual grants. All such grants shall be subject to audit review by the commission. (9) Advisory boards.--Create such advisory boards as the commission may deem appropriate to perform duties designated by the commission. The names of proposed members of such advisory boards shall be submitted to the Governor for approval. (10) Police powers.--Exercise the police powers necessary to enforce the law, including the rules and regulations of the commission. Authorized employees shall have full power to make arrests, with or without warrant, for all violations of law which they may witness upon the premises of any historic property to which they are assigned and may serve and execute warrants issued by proper authorities for any violation of law committed thereon. (11) Rules and regulations.--Promulgate rules and regulations necessary for the implementation of its powers and duties. (12) Annual reports.--Annually transmit to the State Government Committees of the House of Representatives and the Senate a report which includes the following: (i) A summary of the overall condition of museums and historic sites and holdings, including staffing levels and site visits by senior management personnel. (ii) A report on the operation of the Conservation Center. (iii) A summary of all publications completed by the commission during the prior year. (iv) A summary of collection deaccessioning activities. (v) A summary of the progress in computerization of collections and inventories. (13) Hold harmless authority.--Hold the Federal Government harmless from damages due to construction, operation and maintenance of the Erie Harbor East Canal Basin dredging project under the Water Resources Development Act of 1986 (Public Law 99-662, 33 U.S.C. § 2213(j)), except for damages due to the fault or negligence of the Federal Government or its contractors. (14) Publications.--To sell to the public, at a store or by other methods, any publications selected by the commission for sale and published by any department, board, commission or officer of the Commonwealth, except documents published for the Governor and the General Assembly which shall be distributed by the Governor and the General Assembly without charge. To administer this paragraph, the commission may publish, for free distribution, a price list showing the publications which the commission is prepared to sell to the public and the charges for each publication. The commission shall transfer at least annually, to the fund from which the cost of the publication was paid, the actual cost of production of any publications sold during that period. Any remaining proceeds from the sale of a publication by the commission shall be deposited in the Historical Preservation Fund. (Nov. 23, 1994, P.L.639, No.97, eff. imd.; Dec. 9, 2002, P.L.1395, No.173, eff. imd.) 2002 Amendment. Act 173 added par. (14). 1994 Amendment. Act 97 added par. (13). § 303. Sites. The commission shall have the power and duty to: (1) Museums and historic sites.--Control, direct, supervise, manage and annually inspect the State Museum and those field or regional museums and historic sites authorized or created by statute; conduct continuing studies for the improvement of museum activity; and operate, control, direct, supervise and manage a public outreach program, including a mobile museum program or a program of traveling exhibits. (2) Marking historical and archaeological sites.--Upon its own initiative or upon petition of a municipality or historical society, mark by proper monuments, tablets or markers, bearing the Commonwealth crest, places or buildings in this Commonwealth where historical or cultural events have transpired or, with the consent of the state or county having jurisdiction, places or buildings outside of this Commonwealth having to do with its history; and arrange for the care or maintenance of these markers or monuments. (3) Management of historic properties.--Based upon accepted professional museum practices, assume the preservation, care and maintenance of historic property, including those historic properties listed in section 702 (relating to powers over certain historic property); promulgate and enforce rules and regulations for the visitation of historic property by the public; and charge admission fees to historic property at its discretion, which fees shall be paid into the State Treasury through the Department of Revenue and credited to the Historical Preservation Fund. (4) Preservation and restoration of historical and archaeological sites.--Undertake the preservation or restoration of public buildings, military sites or monuments connected with the history of this Commonwealth; contract with political subdivisions, historical societies or other associations, with proper bond or security, for the maintenance of these building sites or monuments as a consideration for assistance in their erection, restoration, preservation or marking by the commission; and take title to sites of historical markers in the name of the Commonwealth. (5) Approval of memorials.--Approve the design, content and proposed location of all official historical monuments, memorials, buildings, tablets and inscriptions proposed for erection or placement on any real property of the Commonwealth. (6) Monuments and markers.--Approve the inscription and proposed location of any historical monument or marker to be erected or placed by any public or private corporation, association, society, organization or person at any place in this Commonwealth. (7) Geographical signs and markers.--Approve the inscription to be placed on official signs or markers to be erected or renewed on or along any highway at the entrance to a municipality or village, or at or near any river, stream, historical place or other place of interest in this Commonwealth, by the Department of Transportation or by any municipality, for the purpose of identification or for the purpose of giving historical facts concerning the location. § 304. Personal property. The commission shall have the power and duty to: (1) Historical artifacts.--Acquire or accept on behalf of the Commonwealth through gifts or bequests, objects or other articles of historical, archaeological, maritime, natural or geological interest which shall be deposited in the State Museum or, at the discretion of the commission, at historic sites and museums committed to its custody or in any other storage facilities as are available to and approved by the commission. The commission may inspect surplus property in the possession of other Commonwealth agencies and receive this property as an historic resource. (2) Exhibition of objects.--Conduct under accepted professional practices the management and exhibition of objects; acquire by purchase, gift, loan, bequest or other lawful transfer objects relating to the culture of this Commonwealth and examine, research, catalog and preserve them; manage, care and exhibit these objects in the areas of natural history, geology, military history, decorative arts, history, maritime history, fine arts, science, industry and technology; select and designate the objects to be exhibited in museums and historic sites in this Commonwealth, including the State Museum; interpret the results of such management and exhibition of objects in museum and academic publications, exhibits and special educational programs for the public; and undertake appropriate professional conservation, restoration and storage of all objects and material items relative to the history of this Commonwealth. (3) Lending historic resources.--Lend to any other museum, archival repository, historical society or other reliable organized group of an educational nature any objects, articles of historical interest, manuscripts, documents or other material committed to its custody. The commission shall adopt rules and regulations to provide adequate security for the safe return of the material, which shall include provision for full insurance protection of the loaned material. (4) Sale or other disposition.--Exchange or otherwise dispose of material with other museums, archival repositories, historical societies or other reliable organized groups of an educational nature; and sell at public auction historical artifacts, pursuant to its rules and regulations, provided that an historical artifact shall not be sold at public auction unless the commission has determined that the exchange or disposal of that artifact by the other means authorized by this paragraph is not feasible and that the property would not be beneficial to the commission if it were used other than as an artifact. If the original donor was an individual, the original donor shall be notified, if he can be located, and, if the original donor is deceased, his children shall be notified, if they can be located, and be given an opportunity to reacquire the object, prior to its being offered at auction. If the original donor was not an individual, the original donor shall be notified, if it or its successor can be located, and be given an opportunity to reacquire the object, prior to its being offered at auction. The opportunity of an original donor to reacquire an object shall not be construed to diminish the commission's control over an historical artifact subsequent to its acquisition by the commission and prior to its disposition. These sales shall be conducted by the Department of General Services. Income produced through these sales shall be paid into the State Treasury through the Department of Revenue and credited to the Historical Preservation Fund and allocated solely for collection acquisition or conservation purposes. No unique object, article, manuscript, document or other material, which is of special significance to the history of this Commonwealth, shall be sold. (5) Notice requirements.--Give written notice of the proposed sale, including a description of the artifact and its condition, and the name and last known address of the donor shall be transmitted to the chairmen of the State Government Committees of the House of Representatives and of the Senate, respectively, before any historic artifact shall be sold pursuant to paragraph (4). Effective Date. Section 6(1) of Act 72 of 1988 provided that section 304(5) shall take effect in three years. § 305. Documents. The commission shall have the power and duty to: (1) Research on Commonwealth documents.--Examine and copy or microfilm any public records within the control of a Commonwealth agency for the purposes of historical research. (2) Preservation of public records.--Preserve all public records throughout this Commonwealth and give special attention to the preservation of all records of the Commonwealth not in current use and of historical value; negotiate for the transfer and receipt of public records from any Commonwealth agency or political subdivision; and provide for the disposition of records not needed or useful in the transaction of current or anticipated future work of the Commonwealth under section 524 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. The commission shall be the legal custodian of any public records transferred to it by any Commonwealth agency or political subdivision. The head of any Commonwealth agency or political subdivision may transfer to the commission public records legally in his custody not needed for the transaction of the business of the office whenever the commission is willing to receive and care for them. (3) Management of historical documents.--Collect, classify, preserve and make available for reference all records which may come into its possession with the exceptions indicated by the commission; and examine the condition of the public records, books, pamphlets, documents, manuscripts, archives, maps and papers filed or recorded in any Commonwealth agency or political subdivision. The executive director or any employees authorized by him shall have reasonable access to all public records in this Commonwealth for the purpose of examining them and shall report to the commission on their condition. (4) Regulation of Commonwealth records.--Recommend such action be taken by the persons having the care and custody of public records as may be necessary to secure their safety and preservation; cause all laws relating to public records to be enforced; and recommend and enforce uniform standards governing the use of paper, ink and filing procedure for all records and papers of Commonwealth agencies and political subdivisions that are considered of permanent historical importance. (5) Certificates relating to public records.--Furnish certificates relating to public records, or copies thereof, upon the payment of fees established by the commission or otherwise fixed by law. (6) Land records.--Maintain and preserve: (i) Records of the first titles acquired by the proprietaries and the Commonwealth to all the lands within its boundaries. (ii) Records of all lands and conveyances from the proprietaries and the Commonwealth to the purchasers of the land. (iii) Papers relating to the surveys of this Commonwealth and county lines and the reports of commissioners relating to the boundary lines of this Commonwealth. (iv) Maps and other papers pertaining to the colonial history of this Commonwealth. (v) Contracts, section profile maps and other records relating to public works. (vi) All other relevant records relating to titles of real estate acquired by the Commonwealth. § 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. § 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.