MASSACHUSETTS GENEALOGICAL COUNCIL

LEGISLATIVE UPDATES

While published as three separate bills, they are clearly intended to be considered as a whole.  A summary of the bills' intents and the reason(s) for MGC's opposition follow.  H3448, the bill supported by MGC as published is a better bill that addresses the concerns raised below.  The funding issues for modernizing recordkeeping of Massachusetts vital records could be addressed separately.

Summary of Bills OPPOSED by MGC:

H3642:  An Act to Establish an Electronic System of Vital Records

1.      State Registrar is to prepare an index of records.  Such index may be automated.  Such index would be available to all town/city clerks.  Certified copies of reproductions would be admissible as evidence of the record.

2.      Vital records in custody of the Archives may be issued in format other than certified.  [Note:  the Archives currently has B-M-D records PRIOR to 1916].

3.      Provides for uniform format for Vital Records.

4.      Provides for matching of birth and death records.

Problem area:  There are no provisions for copies other than certified [e.g.:  no special certified copies for genealogical or non-legal purposes].  Genealogists would be at the mercy of each town/city bureaucracy that administers the records. 

H3643:  An Act Establishing Standard for All Vital Records

1.      Records and indices of births [with amendments to births] prior to 1916 and of marriages and deaths prior to 1951 are unrestricted and available to the public.

2.      Records shall be transferred from Registry to the Archivist in five-year increments.  Such transferred records shall be available for public inspection and copying. 

3.      All other records, reports, and indices maintained by the custodians other than the Archivist are restricted.  Only certified copies shall be issued.

4.      Certified copies of birth or marriage records available only to registrant, spouse, children, parent as named on birth record, legal guardian, siblings, grandparent or grandchild, executor, authorized legal representative or authorized genealogist designated by one of aforementioned persons in writing.  There is no provision for collateral relatives. 

5.      Custodians shall allow public examination of certificates and indices of deaths.  Upon written application, a certified copy of death record shall be issued. 

   Problem area(s):  Incremental updating of dates for transfer is itself not clear.  Indices as well as the actual records are restricted.  An onerous burden is placed upon a person seeking records to prove he/she is indeed entitled to receive a copy of the record.  Collateral relatives have no access at all.  Custodians can make the decision as to what is a proper written request without regulation or oversight by an objective third party.

H3644:  An Act to Fund a System of Electronic Vital Records

1.      Fees shall be collected into a special fund to provide for improvement of the statewide system of Vital Records and Statistics. 

2.      Establishes a special vital records committee to oversee overall improvements, including automation and preservation of Vital Records.  Made up of 19 members. 

Problem area(s):  No provision for mechanism or date of formation of such a  committee.  Composition of the Committee should include the state supervisor of public records AND the State Archivist.  The Massachusetts Historical Society should be included at a minimum.  Committee membership is not defined and therefore the broad community affected by this committee’s decision might not be adequately represented.    Duties of the Committee should include public hearings and formation of regulations. 

There is no starting date for the committee; it does not mention the Massachusetts Genealogical Council as a member, but does list the Massachusetts Genealogical Society which does not exist. 

It is difficult to amend legislation once it is passed, so it should be correct on the first passage. 

What You Can Do to Help

We all must contact the Massachusetts state Representatives and Senators to oppose these three (O’Brien) bills for the reasons above.  

Contact should be made immediately. We stopped these bills in 2003 – but now support for them in the legislature is formidable. If YOU don’t speak now, these bills will change the face of genealogy in Massachusetts and beyond.

• MOST EFFECTIVE: a signed letter with your reasons for opposing these closures, using your own words. 
• ALSO: telephone calls, face to face meetings, and e-mails.
•  SHARE THIS ANNOUNCEMENT: urge your sympathetic relatives, friends, neighbors, and other professionals:  researchers in genealogy, medical history, probate heirs, banks, journalists, and historians to do the same.

Contact information for Massachusetts resident’s representatives and senators is available from:

• http://www.mass.gov/legis/
• any Massachusetts town or city clerk’s office
• the state house at (617) 722-2000

The postal address is:

Representative (or Senator) _______, State House, Room _______, Boston, MA 02133.  Please address the letter to “The Honorable [insert name here].”

If you are out of state, please send your letters to: