I strongly feel that everyone should be aware of the below issue if you intend to research in Massachusetts in the future. If anyone is offended by this posting, "see me".....;) I'm the list administrator. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Chrystie MYERS, ROOTSWEB LIST ADMINISTRATOR BROOKOVER - KRABAL - MOYERS LIST NEWSGROUPS MYERS GENEALOGY http://freepages.genealogy.rootsweb.com/~chrystiem/ -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- New England Historic Genealogical Society NEHGS eNews Special Edition July 19, 2002 Edited by Lynn Betlock enews@nehgs.org Greetings from the New England Historic Genealogical Society! This free newsletter has been sent to NEHGS members and friends who have subscribed to it, or submitted their email addresses on various membership and sales department forms and website notices. NEHGS recognizes the importance of its members' privacy, and will not give away, sell or lease personal information. If you would like to unsubscribe, please click on the link at the bottom of the page and follow the instructions provided. © Copyright 2002, New England Historic Genealogical Society Massachusetts Public Records Closing Alert! This special edition of the NEHGS eNews is being sent out to inform readers of a severe threat to access of Massachusetts vital records. The recently introduced Massachusetts House of Representatives bill H5158 (see links below for issues, status and contact information) would close marriage and death records since 1950, as well as birth records after 1910, to public access including their indices! This bill has not had a public hearing and there is a significant danger of this bill passing without the opportunity for a public hearing. The Massachusetts bill H5158 is purportedly a rewrite of H132. See http://www.state.ma.us/legis/bills/house/h00132.htm <http://rd.bcentral.com/?ID=89092&s=43869625> . However, the full text of H5158 is not yet online and it is expected that further line by line examination of the H5158 printed text (36 pages) will uncover other issues of concern. 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 <http://rd.bcentral.com/?ID=89091&s=43869625> . 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". Closing these vital records would impact those who wish to be informed about their health histories. 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. 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 two generation or less direct lineal connection to the records in question when that is the issue being researched! The H5158 bill could also remove access to the actual primary source record. It contains text including ". . . Such examination, at the discretion of the Custodian, may be from an automated database. . ." The H5158 bill does not provide funds for the expenditures of government agencies that would have to shoulder the new custodian and administrative responsibilities for records archiving and access validation and/or refusal such that even what the Custodian considers legitimate access may not be administered in a timely fashion if the determination of legitimate access is not a funded administration expense. Identity fraud is a claimed goal of H5158 bill without regard to the actual identity fraud methods used and documented by numerous investigations which include the old-fashioned methods of complete fabrication of identity,"trash scouring," wallet theft, home robbery, newspaper obituary targeting or institutional insider records misuse as well as the advent of the Internet and other electronic transaction interceptions. Identity fraud thieves are not generally given to the methodical, time-consuming and formal task of searching and requesting vital records. Yesterday, an article on this issue ran in the Waltham [MA] newspaper, The Daily News Tribune. The story includes quotes from New England Historic Genealogical Society Director of Library User Services Marie Daly. You can view the article at http://www.dailynewstribune.com/news/local_regional/birthrecords07182002.htm <http://rd.bcentral.com/?ID=89094&s=43869625> . (Please note that while the article reports that thirty-six other states have adopted a new set of federal guidelines, there is no attempt to provide qualitative and quantitative comparisons of the state laws which vary significantly.) What YOU can do 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 <http://rd.bcentral.com/?ID=89095&s=43869625> . The MA House bill H5158 is still not online as of July 19. The Massachusetts Genealogical Council, which represents the concerns of genealogists in the halls of state and local government, recommends that all Massachusetts residents contact their state representatives as soon as possible. If you are a Massachusetts resident and you do not know who your state representative is, you can find out at http://www.wheredoivotema.com/ <http://rd.bcentral.com/?ID=89088&s=43869625> . In addition to expressing your concern, you should request to see this bill for yourself. Ask your Massachusetts House representative for a copy. All non-resident Massachusetts researchers should notify friends and relatives in Massachusetts about this bill. Non-residents can also contact the chairperson of the House Rules Committee, Angelo M. Scaccia at 617-722-2692 or at Rep.AngeloScaccia@hou.state.ma.us. Out-of-state residents may want to refer to the fact that they do research in Massachusetts and, in fact, travel to Massachusetts specifically to do research in the vital records. Action should be taken immediately as the formal sessions close on July 31 but impromptu sessions have sometimes been used to pass such legislation! The general content of the legislative protest letters should at least cover the following points, be sincere, personalized and not appear to be 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 The Massachusetts Genealogical Council welcomes all questions from interested researchers, as well as shared experiences from other jurisdictions dealing with ill-conceived, reactionary measures to identity fraud, privacy or records preservation and access issues. Please send your questions and suggestions to info@massgencouncil.org. Keep informed on this issue by checking on the Massachusetts Genealogical Council website at http://massgencouncil.home.attbi.com/index.htm <http://rd.bcentral.com/?ID=89089&s=43869625> and on the New England Historic Genealogical Society website at http://www.newenglandancestors.org/ <http://rd.bcentral.com/?ID=89093&s=43869625> . 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, resident collateral lines, and fellow genealogists. Your interests as an individual and as a genealogist will be affected! NEHGS Contact Information We encourage you to email this newsletter to others who might be interested. To subscribe, please visit http://www.newenglandancestors.org/articles/research/?page_id=659&attrib1=1& seq_num=6 <http://rd.bcentral.com/?ID=89090&s=43869625> . To view the website of the New England Historic Genealogical Society, please visit www.NewEnglandAncestors.org <http://rd.bcentral.com/?ID=89093&s=43869625> . If you have questions, comment or suggestions about the enewsletter, please contact Lynn Betlock at enews@nehgs.org <mailto:enews@nehgs.org > .