An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, providing for the preservation of records.

PRINTER'S NO. 963
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 868
Session of
2025
INTRODUCED BY COLEMAN AND STEFANO, JUNE 18, 2025
REFERRED TO STATE GOVERNMENT, JUNE 18, 2025
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, providing for the preservation of
records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART XXX
STATE-OWNED ELECTRONIC DEVICES AND NETWORKS
Chapter
71. (Reserved)
73. (Reserved)
75. Preservation of Records
CHAPTER 71
(Reserved)
CHAPTER 73
(Reserved)
CHAPTER 75
PRESERVATION OF RECORDS
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Sec.
7501. Definitions.
7502. Prohibition.
§ 7501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Government." The term shall have the same meaning as the
term "Commonwealth government" under 2 Pa.C.S. § 101 (relating
to definitions).
"Government-owned electronic device." A device with the
capacity to install, maintain or update an application, software
or other technology that prevents the device from maintaining or
preserving a record as required under law, under express
control, ownership or operation of:
(1) the government;
(2) a political subdivision of the government; or
(3) a local education agency.
"Local education agency." As defined under section 220(c) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
§ 7502. Prohibition.
(a) General rule.--A government-owned electronic device may
not have an application, software or other technology
downloaded, installed or accessed that is configured to prevent
the government-owned electronic device from maintaining or
preserving a record as required by law.
(b) Exception.--Subsection (a) shall not apply to law
enforcement activities, security interests, security research or
risk mitigation actions where the application, software or other
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technology may be required. If the application, software or
other technology is required, the application, software or other
technology may not be used to prevent the creation, maintenance
or preservation of a record as required by law.
Section 2. This act shall take effect in 60 days.
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