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Archiver > MAWORCES > 2002-07 > 1026588687


From: Sharon Sergeant <>
Subject: [MAWORCES] Massachusetts Public Records Closing Alert!
Date: Sat, 13 Jul 2002 12:31:27 -0700 (PDT)
In-Reply-To: <200207131705.g6DH5pxX018033@lists2.rootsweb.com>


Hello
The Massachusets Genealogical Council (MGC) board
http://massgencouncil.home.attbi.com/index.htm held an emergency
meeting on Friday July 12 in Waltham MA to review the text of an
alarming, and recently introduced, Massachusetts House of
Representatives bill H5158 (see links below for issues, status and
contact information).

The most pressing aspect of H5158, on preliminary review, is that it
would close marriage and death records since 1950, as well as birth
records after 1910, to public access - including their indicies!

MGC is recommending that all Massachusetts residents contact their
Representative and that all non-resident Massachusetts researchers
contact a Massachusetts resident to represent their interests -
immediately as the formal sessions close on July 31st - but impromptu
sessions have sometimes been used to pass such legislation! ( see
http://www.state.ma.us/legis/repdis01.htm for districts)

The general content of the legislative protest letters should at least
cover the following points, be sincere, personalized and not appear in
a form letter format:

====================================================================

Dear (Representative Name):

The Birth, Marriage and Death records (Vital Records) of the
Commonwealth have always been open to the public with few specific
exceptions. House Bill 5158, currently reported out to the Committee
on House Rules, would close Birth Records after 1910 and Marriage and
Death Records since 1950 to public access.

We ask that you encourage further study of this Bill by the Committee
on House Rules and that you vote AGAINST this bill should it come to
floor vote.

H5158 would affect every citizen of the Commonwealth. Among other
things it would:

1) block access to recent death records so that family medical
histories could not be ascertained;

2) increase expenses for persons needing to prove legitimate access to
the Vital Records;

3) not affect the risks of identity fraud or theft which does not occur
from personal inspection of the Vital Records.

Again I/we urge you to defeat H5158.

Sincerely,



Name
Address
Contact Info


===================================================================


Additional notes on the preliminary review of this bill:

The Massachusetts bill H5158 is purportedly a rewrite of H132 (see
http://www.state.ma.us/legis/bills/house/h00132.htm ). However, the
full text of H5158 is not yet online and the MGC expects that further
line by line examination of the H5158 printed text (36 pages) will
uncover other issues of concern.

In contrast, the MGC has been working on the Senate bill S2302 which
may be reviewed at http://www.state.ma.us/legis/bills/st02302.htm

All recent medical studies point to the statistical and anecdotal
importance of medical information for multiple generations - and beyond
immediate lineal or lateral descent lines.

The H5158 bill could also remove access to the actual primary source
record. It contains such items as "... Such examination, at the
descretion of the Custodian, may be from an automated database. ..."

The Birth, Marriage and Death records (Vital Records) of the
Commonwealth of Massachusetts have always been open to the public with
few specific exceptions (see
http://www.state.ma.us/legis/laws/mgl/gl-66-toc.htm ). However, House
Bill 5158, currently reported out to the Committee on House Rules,
would close Birth Records after 1910 and Marriage and Death Records
since 1950 to public access - as of January 1, 2004 when the inquirer
must be proven to be ONLY the individual in question or the " spouse,
children, parent as named on birth record, legal guardian, sibling,
grandparent, grandchild, executor, authorized legal representative or
authorized genealogist designated by one of the aforementioned persons
in writing".

Additionally, removing the indices from the public access will preclude
researchers from even being able to narrow down the likely candidates
for detailed record inspection - increasing the Catch-22 of having to
prove a 2 generation or less direct lineal connection to the records in
question - when that is the question!

The H5158 bill does not provide funds for the expenditures of
government agencies that would have to shoulder the new custodian and
adminisitrative responsiblities for records archiving and access
validation and/or refusal - such that even what the Custodian considers
legitimate access request may not be administered in a timely fashion
if the determination of legitimate access is not a funded
administration expense.

Identity fraud or theft issue is a claimed goal H5158 bill without
regard to the actual identity fraud methods used and documented by
numerous investigations - either in the old fashioned "complete
fabrication", "trash scouring" and wallet/home robbery, newspaper
obituary targeting and institutional insider records misuse - or the
advent of the Internet and other electronic transaction interceptions.
Identity fraud thieves are not prone to the methodical, time consuming
and formal task of searching and requesting the Vital Records.

You may monitor the status of this bill and check for the full text
release at http://www.state.ma.us/legis/history/h05158.htm
House, No. 5158 - Bill relating to birth, marriage and death records.
06/20/02 H Reported from the committee on Government Regulations
06/20/02 H New draft of H132
06/20/02 H Bill reported favorably by committee and referred to the
committee on RULES OF THE TWO
BRANCHES, ACTING CONCURRENTLY -HJ 1907
07/11/02 H Discharged to the committee on House Rules

People who have representatives who are on these committees may find
further information here:
HOUSE RULES
Room 167
State House
Boston, MA 02133
Telephone: (617) 722-2692
It shall be the duty of the committee on Rules to recommend special
orders for the scheduling and consideration of legislation on the floor
of the House. Said committee shall be authorized to make ecommendations
and propose changes in the rules for the purpose of improving and
expediting the business and procedures of the House of Representatives
and its committees.
http://www.state.ma.us/legis/comm/h33.htm

JOINT COMMITTEE ON GOVERNMENT REGULATIONS
Room 472
State House
Boston, MA 02133
Telephone: (617) 722-2120
It shall be the duty of the committee on Government Regulations to
consider all matters concerning public utilities, gambling, the racing
industry, the registration of various trades or professions, the
issuance of licenses for the sale of alcoholic beverages and such other
matters as may be referred.
Members appointed to the committee:
Sen. Morrissey of Norfolk and Plymouth
Pacheco of First Plymouth and Bristol
Joyce of Suffolk and Norfolk
Fargo of Fifth Middlesex
Baddour of Third Essex
Hedlund of Plymouth and Norfolk
Rep. Bosley of North Adams
Ciampa of Somerville
Caron of Springfield
Candaras of Wilbraham
C. A. Murphy of Burlington
Festa of Melrose
Nangle of Lowell
Rivera of Springfield
Bradley of Hingham
Brown of Wrentham
Hill of Ipswich
http://www.state.ma.us/legis/comm/j17.htm

============================================================

The MGC welcomes all questions from interested researchers, as well as
shared experiences from other jurisdictions dealing with
ill-concieived, reactionary measures to identity fraud, privacy or
records preservation and access issues. Please send your questions and
suggestions to

If you are among the millions who claim early ancestors in
Massachusetts - prior to the proposed 1910/1950 exclusions - and do not
believe you will be impacted by such a law, please consult with your
contemporary cousins and resident collateral lines. Your family will be
affected!

Thank you for your interest and support in this matter.
Sharon Sergeant
Program Director, Massachusetts Genealogical Council
http://massgencouncil.home.attbi.com/index.htm








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