OFFICIAL OPINION No. 31

OFFICIAL OPINION No. 31 Historical Preservation Fund-Inclusions of moneys collected from the sale of publications, souvenirs, and other sales at Valley Forge State Park and Wash- ington Crossing State Park. I. Under Section 2802-A of the Administrative Code of 1929, 71 P. S. § 717, moneys collected from the sale of publications, souvenirs, other sales, fees, and admissions at Valley Forge State Park and Washington Crossing State Park may be deposited with the State Treasury and credited to the Historical Preservation Fund. OPINIONS OF THE ATTORNEY GENERAL 55 Harrisburg, Pa., May 6, 1971 S. K. Stevens, Executive Director Pennsylvania Historical & Museum Commission Harrisburg, Pa. Dear Mr. Stevens: You have inquired as to whether or not moneys collected from the sale of publications, souvenirs and other sales, fees and admissions at Valley Forge State Park and Washington Crossing State Park may be deposited with the State Treasury and credited to the Historical Pres- ervation Fund created by Section 2802-A of the Administrative Code of 1929, P. L. 1 77 and amendments, 71 P. S. § 717, and used in ac- cordance with the provisions of that Section. Section 2802-A provides as follows: "All moneys collected by the Department of Property and Supplies from the sale of publications for the Pennsylvania Historical and Museum Commission, and all moneys collected by the commission from fees from the sale of its publications and other sales, shall be paid into the State Treasury through the Department of Revenue and credited to a fund to be known as the "Historical Preservation Fund," which is hereby created. All moneys in the fund from time to time are hereby appro- priated to the Pennsylvania Historical and Museum Com- mission for the preservation, care and maintenance of the historical buildings, museums, grounds, monuments, public records and antiquities commi<tted to its custody, for the pub- lication and republication of matters of historical or archae- ological interest, and for the research and editorial work incidental thereto, and for the purchase of publications, post- cards and other souvenirs of an historical nature for sale at the State Museum and at the historical properties administered by the commission, and for any other purpose prescribed in section 2801-A of this act. (Added June 28, 1951, P. L. 591; Amended May 27, 1957, P. L. 204; and December 8, 1959, P. L. 1736.) We have examined the pertinent provisions of Act No. 275 of 1970, in particular Sections 9, 27 and 31 of said Act No. 275, 71 P. S. §§ 145, 146, 148, 510-102, 718-1 to 718-3 (Supp. 1971) and it is our opinion and you are so advised, that the moneys so collected from sale, fees and admissions may be so deposited and used for the purposes stated in Section 2802-A. 56 OPINIONS OF THE ATTORNEY GENERAL In particular, Section 31 (d) of the Act provides as follows: "All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations, and other material which are used, employed or expended in connection with the powers, duties or functions transferred by this act to the Pennsylvania Historical and Museum Commission are hereby transferred to the Pennsylvania Historical and Museum Com- mission with the same force and effect as if the appropriations had been made to and said items had been the property of the Pennsylvania Historical and Museum Commission in the first instance and as if said contracts, agreements and obliga- tions had been incurred or entered into by said Pennsylvania Historical and Museum Commission." This language would seem to make it clear that these moneys should be so received, deposited and used as if appropriated to and used by the Pennsylvania Historical and Museum Commission in the first in- stance, and if any contracts resulting in such sales had been incurred or entered into by the Pennsylvania Historical and Museum Commis- sion. This language would thus apply to existing contracts for sales. Accordingly, our answer to your inquiries is in the affirmative in all respects. Sincerely yours, J. SHANE CREAMER, Attorney General.