-------- Original Message -------- Subject: Re: A-1390 (Vital Records Bill) Date: Wed, 15 Feb 2006 10:38:30 -0500 From: Joe Klett <joe.klett@gmail.com> To: NJ-GSNJ-admin@rootsweb.com Dear List Members: I've been trying to pay attention to the messages sent to this list about A-1390, the vital records bill that has passed the Assembly committee that spawned it and is scheduled to hit the Assembly floor in a few weeks. While I agree that we all need to stay calm, I want to emphasize that the bill as written could have nothing short of a disastrous impact on genealogical research in New Jersey. The bill, though undoubtedly intended to guard information about living persons, does not take into consideration any time period during which the records would be closed. It severely restricts (i.e., closes to genealogists) all records in any registration of vital statistic in New Jersey. This includes, at the very least, all records in the State Bureau of Vital Statistics (which has records back to 1878), the local registrars (many of which have records back to 1848), and county clerks' offices (which have marriage records back to 1795). The bill could also be understood to close vital records already in the State Archives (back to the colonial period), and would certainly apply to the 1878-1923 births and 1878-1940 marriages and deaths available on film at the State Archives. It could also potentially be applied to the 1848-1878 state records and 1795+ county marriage records already publicly available on microfilm at the State Archives and through the LDS Family History Library. If New Jersey law closes them, they will be closed whether they have been filmed and made freely available to public research previously or not. As a government official, I am not in the habit of getting the public riled up for no good reason. But I believe this bill is extremely misguided. It is an attempt to swat a fly with an atomic bomb. I hope any thoughts "that we'll always have microfilm," and "people will find a way around these laws" will be dismissed in favor of voicing your concern to the legislative powers that be, whatever those concerns might be. I hope you will also understand that uninformed legislators can and do pass legislation that has ramifications far beyond their intended purpose. Various record groups have already been impacted along these line, such as the now-closed historical veterans' registrations filed at the county level, because no time period was considered after which there is a legitimate research use for the information. It is an inherent right of the people to access information collected by a free government when disclosure of that information does not jeopardize security or the privacy of living persons. I believe it is our civic responsibility as Americans and New Jerseyans, whether conservative or liberal in our politics, to make sure laws are enacted responsibly and for good reason. Moreover, as the persons who most understand the inherent value of family history to our children and grandchildren, we as genealogists and historians have not only a vested interest but also a social duty, so to speak, in fostering this aspect of understanding and celebration of our culture and heritage. If you believe your years of researching have value, you will want to help protect access to this information. A-1390 goes so far as making it illegal to share copies of vital records (regardless of their date). That means you, as a genealogist sending a cousin a copy of your ancestor's death certificate, would be subject to legal prosecution. Are you getting the picture? GSNJ has taken the lead in the effort to ensure reasonable access provisions to historical vital records, as measures are being implemented in New Jersey to protect information relating to living persons. I hope you will all support this effort and do what you can. Hopefully, within state government, the State Archives' objections to this proposed law will have some influence. But when something is proposed in the name of "homeland security," the battle is inherently up-hill when the defense is in the name of archival research--even if the crux of the matter is open access to government information that no longer impacts national security or identity theft issues. Please do not underestimate the importance of constituent contacts to legislators. Civil servants (sometimes called bureaucrats!) do not elect officials. Voters do. Your voices can do much more than mine. With best regards, Joseph R. Klett P.S. Please note that this message is offered from me personally, as a nearly lifelong genealogist and a vice-president of GSNJ, not as an official message in my capacity as Chief of the New Jersey State Archives.

If New Jersey prevents access to records and getting a copy of a record for a deceased member of the family, I can't imagine they are going to microfilm records for us to view or have the church come in and microfilm the records. So you will not be able to rely on any information going forward and that would be a hugh hindrance to family history. In my case, my paternal grandparents records were not to be found (and they lived in New Jersey). If I could not rely on getting copies of certificates, I would not be able to do any family history besides my parents. Michelle Chubenko <michelle@chubenko.us> wrote: -------- Original Message -------- Subject: Re: A-1390 (Vital Records Bill) Date: Wed, 15 Feb 2006 10:38:30 -0500 From: Joe Klett To: NJ-GSNJ-admin@rootsweb.com Dear List Members: I've been trying to pay attention to the messages sent to this list about A-1390, the vital records bill that has passed the Assembly committee that spawned it and is scheduled to hit the Assembly floor in a few weeks. While I agree that we all need to stay calm, I want to emphasize that the bill as written could have nothing short of a disastrous impact on genealogical research in New Jersey. The bill, though undoubtedly intended to guard information about living persons, does not take into consideration any time period during which the records would be closed. It severely restricts (i.e., closes to genealogists) all records in any registration of vital statistic in New Jersey. This includes, at the very least, all records in the State Bureau of Vital Statistics (which has records back to 1878), the local registrars (many of which have records back to 1848), and county clerks' offices (which have marriage records back to 1795). The bill could also be understood to close vital records already in the State Archives (back to the colonial period), and would certainly apply to the 1878-1923 births and 1878-1940 marriages and deaths available on film at the State Archives. It could also potentially be applied to the 1848-1878 state records and 1795+ county marriage records already publicly available on microfilm at the State Archives and through the LDS Family History Library. If New Jersey law closes them, they will be closed whether they have been filmed and made freely available to public research previously or not. As a government official, I am not in the habit of getting the public riled up for no good reason. But I believe this bill is extremely misguided. It is an attempt to swat a fly with an atomic bomb. I hope any thoughts "that we'll always have microfilm," and "people will find a way around these laws" will be dismissed in favor of voicing your concern to the legislative powers that be, whatever those concerns might be. I hope you will also understand that uninformed legislators can and do pass legislation that has ramifications far beyond their intended purpose. Various record groups have already been impacted along these line, such as the now-closed historical veterans' registrations filed at the county level, because no time period was considered after which there is a legitimate research use for the information. It is an inherent right of the people to access information collected by a free government when disclosure of that information does not jeopardize security or the privacy of living persons. I believe it is our civic responsibility as Americans and New Jerseyans, whether conservative or liberal in our politics, to make sure laws are enacted responsibly and for good reason. Moreover, as the persons who most understand the inherent value of family history to our children and grandchildren, we as genealogists and historians have not only a vested interest but also a social duty, so to speak, in fostering this aspect of understanding and celebration of our culture and heritage. If you believe your years of researching have value, you will want to help protect access to this information. A-1390 goes so far as making it illegal to share copies of vital records (regardless of their date). That means you, as a genealogist sending a cousin a copy of your ancestor's death certificate, would be subject to legal prosecution. Are you getting the picture? GSNJ has taken the lead in the effort to ensure reasonable access provisions to historical vital records, as measures are being implemented in New Jersey to protect information relating to living persons. I hope you will all support this effort and do what you can. Hopefully, within state government, the State Archives' objections to this proposed law will have some influence. But when something is proposed in the name of "homeland security," the battle is inherently up-hill when the defense is in the name of archival research--even if the crux of the matter is open access to government information that no longer impacts national security or identity theft issues. Please do not underestimate the importance of constituent contacts to legislators. Civil servants (sometimes called bureaucrats!) do not elect officials. Voters do. Your voices can do much more than mine. With best regards, Joseph R. Klett P.S. Please note that this message is offered from me personally, as a nearly lifelong genealogist and a vice-president of GSNJ, not as an official message in my capacity as Chief of the New Jersey State Archives. ==== NJ-GSNJ Mailing List ==== Visit our Collections Guide: http://www.rootsweb.com/~njgsnj/collectionguide.html ============================== View and search Historical Newspapers. Read about your ancestors, find marriage announcements and more. Learn more: http://www.ancestry.com/s13969/rd.ashx Terry Smith Administrative Assistant Gateway Foundation 720 Olive St., Ste 1977 St. Louis, MO 63101 314-241-3347 314-241-3559 (Fax)

Terry, The LDS Family History Library HAS the microfilm that cover the Birth/Marriage/Death Register Books (County/Town) for May 1848 through May 1878 available for rental through a local Family History Center. Starting in June 1878, vital statistics in New Jersey required filings in certificate form. For the period June 1878 through December 1900, these B/M/D certificates are indexed by County/Town, then alphabetical by surname. The index books microfilm ARE available through the LDS Family History Library. Unfortunately, the FHL does not have the corresponding microfilm for the actual certificates. Thus, if A1390 were to be passed, these already available microfilm [1848-1878 registers & 1878-1900 indexes], would become *illegal* to use via the FHL as well as the NJ State Archives holdings of Births (May 1848-1923), Marriages (May 1848-1940) and Deaths (May 1848-1940). GSNJ will keep everyone apprised of the news/progress/updates for A1390 on this list and our website. Your support is greatly appreciated!! Michelle Chubenko GSNJ Trustee & Webmaster NJ-GSNJ List Moderator Terry Smith wrote: > If New Jersey prevents access to records and getting a copy of a record for a deceased member of the family, I can't imagine they are going to microfilm records for us to view or have the church come in and microfilm the records. So you will not be able to rely on any information going forward and that would be a hugh hindrance to family history. In my case, my paternal grandparents records were not to be found (and they lived in New Jersey). If I could not rely on getting copies of certificates, I would not be able to do any family history besides my parents. > Michelle Chubenko <michelle@chubenko.us> wrote: > -------- Original Message -------- > Subject: Re: A-1390 (Vital Records Bill) > Date: Wed, 15 Feb 2006 10:38:30 -0500 > From: Joe Klett > To: NJ-GSNJ-admin@rootsweb.com