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(a)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...
§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