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Archiver > RIPROVID > 2002-07 > 1026667586


From: "W. David Samuelsen" <>
Subject: [RIPROVID] Massachusetts Public Records Closing Alert!
Date: Sun, 14 Jul 2002 11:33:20 -0600


Forwarded with permission

------- Forwarded message follows -------
Date forwarded: Sat, 13 Jul 2002 01:51:26 -0600
Date sent: Sat, 13 Jul 2002 00:51:41 -0700 (PDT)
From: Sharon Sergeant <>
Subject: [ISFHWE-CGC] Massachusetts Public Records Closing
Alert!

Hello The Massachusets Genealogical Council (MGC) board
http://massgencouncil.home.attbi.com/index.htm held an emergency
meeting this evening 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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