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From:
Subject: Re: [MAWORCES] Update to MA Vital records closing
Date: Fri, 19 Jul 2002 12:26:00 -0400

I emailed my State Rep (Pat Walrath-D) and she promptly had her secretary
send me a copy of the House Bill #5158, which deals with MA Vital
records.

It is true. Our darling "public servants" are at it again, restricting
our rights and increasing our tax burden.

MA General Laws have always provided open and free access to review vital
records such as births, marriages and deaths. Only until recently, with
the misguided media hype concerning child "safety" and identity "theft,"
have these long-standing rights been inhibited by restricting access to
anyone's birth record below the age of 18. We were told then that this
would solve the problem and no more restrictions would be necessary.
Well, the genie is out of the bottle and now we're faced with SEVERE
restrictions.

I am both alarmed and infuriated. This trend is dangerous to a free
society and it certainly limits my ability to do legitimate genealogical
and local historical research. It will limit your ability for such too.

Page 6 of the House Bill #5158 pamphlet states the following:

"Section 10. Chapter 46 of the General Laws, as appearing in the 2000
Official Edition, is hereby amended by striking out section 2A and
inserting in place thereof the following section: ---

"Section 2A. (1) On January 1, 2004, all records and indices pertaining
to births through December 31, 1910, any amendments to births filed
prior to December 31, 1910, records and indices of marriages and deaths
through December 31, 1950, and any amendments to marriages and deaths
filed prior to December 31, 1950, shall become public records.

. . .

"Once vital records, indices and amendments of births, marriages and
deaths become public records under
this subsection [NOTE: only birth records prior to Dec. 31, 1910 and
only marriage and death records prior to Dec. 31, 1950 will be
considered "public records" ! ], the custodians of such records may make
such records available for public examination upon request not
withstanding any general or special law that would otherwise RESTRICT
ACCESS.

(2) Vital records, reports, and indices maintained as part of the system
of vital records and statistics by
custodians other than the archivist of the commonwealth ARE NOT PUBLIC
RECORDS as defined in clause
26 of section 7 of chapter 4 and are not subject to public inspection
and copying under chapter 66, with the
exception of those vital records made public records under subsection
one. [i.e. only birth records prior to
Dec. 31, 1910 and marriage and death records prior to Dec. 31, 1950]
CUSTODIANS [TOWN CLERKS]
SHALL IMPLEMENT APPROPRIATE SECURITY MEASURES TO RESTRICT PUBLIC
EXAMINATION OF VITAL RECORDS AND ISSUANCE OF CERTIFIED COPIES CONSISTENT
WITH THIS SECTION 13, OTHER REQUIREMENTS OF CHAPTER 46, AND OTHER
REQUIREMENTS OF GENERAL AND SPECIAL LAW to deter identity theft and to
prevent fraudulent procurement and use of vital records and information.
[good luck, Big "Brother"

People, NOW is the time to be outraged and to DO SOMETHING about this
Orwellian legislative shackle attempt.

If you wish to keep your right to do genealogical research and local
historical research, then please take the time to contact your
representative. Let them know you oppose House Bill #5158 and any other
attempts like it to restrict your right to access MA vital records. If
our dear "representatives" succeed in passing this bill, we might as well
hang up our genealogical hats and call it a day. We won't be able to
conduct valuable research any longer at city / town hall.

John C. Schumacher-Hardy
So. Lancaster, MA
Proud member of the Libertarian Party (live the legacy... liberty for
all)


THANK YOU TO SHARON SERGEANT WHO FIRST ALERTED US TO THIS CRISIS

SHE WROTE THE FOLLOWING:

Massachusetts (MA) Researcher Update: MA Vital Records Closing!

The Massachusetts Genealogical Council (MGC) board has been informed
that the MA Department of Health is attempting to get the MA House Bill
H5158 passed this week on the third reading in the MA House
http://www.state.ma.us/legis/history/h05158.htm .

Continued rereading, analysis and consultations regarding this bill by
MGC board members and representatives is creating deepening concerns.

It is important that you request BOTH a copy of this bill from your MA
rep AND an explanation of you rep's position on the contents and the
implications. The text of the bill is still not yet on line at
http://www.state.ma.us/scripts/legis/ltsh.idq?HouseNumber=5158

Use every avenue. Register your concerns with your MA rep
http://www.state.ma.us/legis/repdis01.htm Take a copy of the bill to a
town clerk or an archivist at the MA archives and ask them exactly how
they would interpret and implement it.

Ask the HOUSE RULES committee members about their findings on the
impact and the consequences of this bill :
Members appointed to the committee:
Rep. Scaccia of Boston
Honan of Boston
Correia of Fall River
DiMasi of Boston
Speliotis of Danvers
Binienda of Worcester
Ciampa of Somerville
Harkins of Needham
Turkington of Falmouth
Connolly of Everett
Lewis of Dedham
Fallon of Malden
Kelly of Dalton
Cleven of Chelmsford
Poirier of North Attleborough
http://www.state.ma.us/legis/comm/h33.htm

Additional MGC recommendations can be found at
http://massgencouncil.home.attbi.com/index.htm .

MA residents will shoulder the additional tax dollars, but all
researchers will incure both specific costs and indirect costs with
this bill - with the closure of access and services!

Please, report your findings to the MGC at or
Massachusetts Genealogical Council , PO Box 5393, Cochituate, MA 01778.

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