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. Track the Bill and locate legislators: http://www.legis.state.wv.us/legishp.html