The message which I am forwarding is a bit long, and is definitely not a good way to greet Spring! ----- Original Message ----- >From: "Debra Rookard" <d_rookard@adelphia.net> >To: <JUSTICE-L@rootsweb.com> >Sent: Sunday, March 21, 2004 6:39 AM >Subject: [JUSTICE] WV & KY to close records > > > > First to KY: > > HB 100 Set for vote in the Senate Monday morning. > > > > The Kentucky Legislature to drastically limit access to vital records > > including BIRTHS, DEATHS, MARRIAGES, and DIVORCE. (MILITARY RECORDS also > > being limited by another Bill.) > > > > You can read the entire bill at: > > http://www.lrc.state.ky.us/record/04rs/HB100/SCS1.doc > > > > Death certificates will still be public record after 50 years but more > > recent death certificates will only be available to: > > 1. the decedent's widow or widower > > 2. child eighteen (18) years of age or older > > 3. parent > > 4. grandparent > > 5. sibling eighteen (18) years of age or older > > 6. funeral director handling the decedent's funeral arrangements > > 7. personal representative of the decedent's estate > > 8. a named beneficiary of an insurance policy of the decedent > > 9. a person with a claim against the decedent's estate > > > > THIS TUESDAY, March 23, this bill will be voted on in the full Senate. If >it > > passes, it will go to Gov. Fletcher for his signature. Call and email all > > senators and let them know that you want an NO vote on HB 100. Time is > > critical! Do it by Monday morning, at the latest. > > > > Senator contact info: > > http://www.lrc.state.ky.us/whoswho/whoswho.htm > > > > Telephone: 502-564-8100 > > FAX : 502-564-6543 > > > > Toll Free Numbers - 2004 Session (only for Kentucky) > > Bill Status Line: 1-866-301-9004 > > Legislative Message Line: 1-800-372-7181 > > > > This is the same bill that failed in committee during the last Legislative > > session. The genealogists of the state worked together to stop its >passage. > > Please pass this information along to others and get busy. DO NOT assume > > others will do it for you. > > > > ******************* > > > > Now to the BAD news in WV: > > If you live in WV, it is too late to call your elected State official. HB > > 4330 passed 13 March 2004. > > > > The Bill is on his desk for signature Monday morning. Email Governor WISE >of > > West Virginia immediately! > > Governor@WVGOV.org > > > > Please post this on every List to which you subscribe or administrate >today. > > Tell everyone you know. Send it to your entire genealogy address book. > > Should this become law, the damage to records access in West Virginia > > appears irreparable. > > > > Read it: > > >http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4330%20eng.htm > > > > > > §16-5-25. Reproduction and preservation of records. > > > > To preserve vital records and other original documents, the state >registrar > > is authorized to prepare typewritten, photographic, electronic, or other > > reproductions of certificates or reports and files in the section of vital > > statistics. When verified and approved by the state registrar, the > > reproductions shall be accepted as the original records, and the documents > > from which permanent reproductions have been made may be disposed of as > > provided by legislative rule or other provisions of state law. [This means > > Wills, etc. We genealogists defeated SB 818 in VA on this very premise, >Feb > > 2003.] > > > > §16-5-26. Disclosure of information from vital records or vital reports. > > [Please keep reading. Pay special attention to Section D] > > > > (a) The department shall, by legislative rule, provide for the disclosure >of > > confidential information contained in vital records and reports for > > statistical research purposes. The rule must require the submission of > > written requests for information and the execution of research agreements > > between the researcher and the state registrar or local custodian of vital > > records and reports, which prohibit the release by the researcher of any > > information that may identify any person except as provided in the > > agreement. > > > > (b) To protect the integrity and to ensure the proper use of vital records > > or reports, and to ensure the efficient and proper operation of the vital > > statistics system, it shall be unlawful for any person to permit >inspection > > of, or to disclose, confidential information contained in vital records or > > reports, or to copy or issue a copy of all or part of any vital record or > > report unless authorized by this article, by legislative rule or by order >of > > a court of competent jurisdiction: Provided, That nothing in this article > > prohibits the release of information or data that would not identify any > > person named in a vital record or report. > > > > (c) Appeals from decisions of the custodians of permanent local records > > refusing to disclose confidential information, or to permit inspection of >or > > copying of confidential information under the authority of this section >and > > legislative rules shall be made to the state registrar, whose decisions > > shall be binding upon the local custodians of permanent local records. > > > > (d) When ONE HUNDRED years have elapsed after the date of birth, or FIFTY > > years have elapsed after the date of death, fetal death, marriage, or > > divorce or annulment, the records of these events in the custody of the > > state registrar and local custodians shall become available to the public > > without restriction, except for the release of social security numbers, in > > accordance with legislative rule. > > > > > > And to add further insult to injury: > > §16-5-3. Department of health and human resources to propose legislative > > rules. > > [The Dept of H&HR? Not the state archivists?] > > > > (11) Disposal of original records from which permanent reproductions have > > been made; > > [Bad idea no matter how you look at it.] > > > > (12) Disclosure of confidential information for administrative, >statistical > > or research purposes; > > [This means the government can have it, but YOU cannot.] > > > > (13) Release of records after one hundred years of birth, or fifty years >of > > death, fetal death, marriage, divorce or annulment; > > [They are SO set on this HUNDRED year thing, it is in here twice.] > > > > (14) Authorization for preparing, issuing or obtaining copies of vital > > records; > > [Again, all power is vest in the Dept of H &HR.] > > > > This is disastrous to those of us in genealogy with roots in such an > > historically important state as West Virginia. It is far past the 11th >hour. > > Only a concerted and overwhelming public outcry might dissuade Gov. Wise > > from signing this ill advised Bill into permanent law.