----- Original Message -----
From: "Karen S. Smith" <chapter-channel(a)ogs.org>
To: <jkelble(a)accnorwalk.com>
Sent: Wednesday, April 30, 2003 8:23 PM
Subject: Ohio Genealogical Society Chapter Channel Special Edition - 4/30/03
Recently, the Ohio House of Representatives passed House Bill 95 (the state
budget bill). Included in sections 3705.23 and 3705.24 is language that
would:
-- eliminate uncertified copies of vital records
-- add a $5 surcharge to what is already charged for a certified copy
(raising the total cost of a single document to anywhere between $12 and
$17, depending on the agency)
-- creates a "certification of birth," which does not require the parents'
names to be listed
In addition, the certified copy is not required to be a photocopy of the
record. Unlike other states where the threat to vital records access is
based on fears about identity theft and homeland security, the Ohio
legislature is doing this under the guise of "fiscal responsibility."
Although nobody has been able to get someone to speak on the record, my
sources at the Ohio Historical Society tell me that they have heard from the
State Vital Statistics officials, who say that they cannot afford to process
uncertified copies. (Because the way the open records law is written,
agencies must charge "at cost," which cannot include the cost of labor or
any overhead, such as maintenance and preservation of the record.)
Ohio has had a long tradition of open records. The Ohio Revised Code section
149.43 requires that "...all public records shall be promptly prepared and
made available for inspection to any person at all reasonable times during
regular business hours. Subject to division (B)(4) of this section, upon
request, a public office or person responsible for public records shall make
copies available at cost, within a reasonable period of time. In order to
facilitate broader access to public records, public offices shall maintain
public records in a manner that they can be made available for inspection in
accordance with this division."
House Bill 95 does not exclude vital records from what are defined as public
records. There are many other ways to keep uncertified photocopies available
to the public, including setting a statutory fee (perhaps at $1 per page) or
setting the fee at a percentage of the certified fee. The full text of Ohio
HB95 can be found at:
http://www.legislature.state.oh.us/BillText125/125_HB_95_PH_N.html
It is a very large page. Use your Internet browser to find 3705.22 (3705.24
immediately follows.)
The bill has passed the House, and has been forwarded to the Senate, where
the Finance and Financial Institutions Committee is hearing testimony.
Links to contact information for the members of the Ohio Senate can be found
at:
http://www.senate.state.oh.us/senators/by_name.html
Members of the Finance and Financial Institutions Committee are:
Bill Harris, Chair
Ron Amstutz
Louis Blessing
John Carey
James Carnes
Eric Fingerhut
Randy Gardner
David Goodman
Jay Hottinger
Jeff Jacobson
Mark Mallory
Ray Miller
C.J. Prentiss
Even if you do not live in Ohio, there is nothing to say that you cannot
contact any member of the Ohio Senate or the Ohio House and tell them how
the language in sections 3705.23, 3705.24, etc. would affect you.
If you have any questions at all, please do not hesitate to contact me. Ohio
genealogists need your support -- and we need it *now*
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