The 2002 Massachusetts legislative activities presented a challenging environment for genealogists. The Massachusetts Genealogical Council (MGC) managed to prevent several end-run efforts to close vital records and initiate more awareness of the genealogical community within the legislature.
Some legislators are beginning to understand that genealogists represent a large number of their constituents - and are more likely to be voters than the general public.
While Identity Theft and Fraud concerns were stated goals for vital records closing measures in 2002 - despite numerous studies that point to other, much more effective fraud techniques - there was a backroom myth circulating in the legislature about Federal funds being tied to such measures.
The impending crisis of 2002 budget issues made this myth quite appealing - lending credibility without source citations and proof - a problem that genealogists are quite familiar with.
The 2003 Massachusetts budget crisis has brought the financial difficulties into focus. A special Massachusetts Senate committee issued "A Report of the Special Committee to Recommend Mitigation for Local Aid Cuts" with the following recommendation:
Relating to Birth, Marriage, and Death Records (HD2428) - The bill relating to the birth, death and marriage records would permit the development of a statewide database to serve the needs of the public.
Through a surcharge on certified copies of vital records, the state projects income of $1.28
million in the first year, rising to $2.09 million in the seventh year, with surpluses ranging
from $327,000 to $663,000." (see http://www.stanrosenberg.com/mitigation.html.)
Newspaper reports suggest that this "surcharge" is actually a simple doubling of the certified vital records copy costs - but we have no reports that the fee changes have actually been implemented yet.
However, bills filed in the 2003 legislature session present a murkier picture. The MGC has found 14 bills affecting vital records so far. Several close vital records! Come to the MGC annual Meeting and Seminar or join MGC to receive newsletters for details of this complex legislative session - see http://massgencouncil.home.attbi.com/index.htm.
The following is a list of pending vital records bills based on the efforts of several Massachusetts genealogists - each of whom got only some of the bills presented from State House and representative sources:
The MGC created Senate Bill 405 AN ACT RELATIVE TO BIRTH, MARRIAGE AND DEATH RECORDS a petition of Susan C. Fargo, Charles E. Shannon, Susan W. Pope, Robert L. Hedlund and other members of the General Court.
http://www.state.ma.us/legis/bills/st00405.htm.
Senate Bill 408 RELATIVE TO THE MANAGEMENT OF CERTAIN RECORDS a petition of Guy W. Glodis, Bruce E. Tarr, Brian A. Joyce, Anthony J. Verga and John P. Fresolo for legislation relative to the management of adoption records by city and town clerks.
http://www.state.ma.us/legis/bills/st00408.htm.
Senate Bill 443 AN ACT RELATIVE TO THE USE OF ELECTRONICALLY RECORDED VITAL RECORDS a petition of Michael W. Morrissey - most notably mentions: "Special certified copy", may include, but are not limited to, professional, personal or genealogical research.
http://www.state.ma.us/legis/bills/st00443.htm.
Senate Bill 533 AN ACT RELATIVE TO THE ELIMINATION OF RESEARCH FEES AT THE DEPARTMENT OF PUBLIC HEALTH'S VITAL RECORDS DEPARTMENT a petition of Irving R. Murstein and Robert L. Hedlund.
http://www.state.ma.us/legis/bills/st00533.htm.
House Bill 143 Petition of William M. Straus for legislation to regulate the use of Social Security numbers for identification purposes in the Commonwealth
http://www.state.ma.us/legis/history/h00143.htm.
House Bill 545 Petition of Thomas P. Kennedy and Robert S. Creedon, Jr., relative to the issuance of certified birth records to Native Americans (to correct the race listed on their birth certificates at no charge when proof is presented).
http://www.state.ma.us/legis/history/h00545.htm.
House Bill 1085 Petition of Elizabeth Poirier, Jo Ann Sprague, Michael J. Coppola, Scott P. Brown, Martin J. Walsh and Shirley Gomes relative to access to birth records of certain persons born out of wedlock (opens records in those cases where the father's name is listed).
http://www.state.ma.us/legis/history/h01085.htm.
House Bill 1321 of J. James Marzilli, Jr. relative to the treatment of vital records of certain non-marital children.
http://www.state.ma.us/legis/history/h01321.htm.
House Bill 1465 Petition of Daniel E. Bosley relating to birth, marriage and death records [This is a resubmission of the onerous July 2002 version of the H5158 bill which last year passed the House and was blocked in the Senate.]
http://www.state.ma.us/legis/history/h01465.htm.
House Bill 1656 Petition of Peter V. Kocot relative to the issuance of certified birth records to Native Americans.
http://www.state.ma.us/legis/history/h01656.htm.
House Bill 1661 Petition of Anthony J. Verga and Christopher P. Asselin relative to disclosure of information concerning certain birth, marriage and death records - closes all birth records after 1913 and all marriage and death records after 1953, such that only immediate family or representatives may access either the indices, the records or the certificates - at the discretion of the custodian.
http://www.state.ma.us/legis/history/h01661.htm.
House Bill 2233 Petition of Thomas J. O'Brien, other members of the House and another relative to birth, marriage and death records [also closes vital records]
http://www.state.ma.us/legis/history/h02233.htm.
House Bill 2459 Petition of Paul C. Casey relative to the issuance of certain birth and marriage records - exempts vital records recorded before 1 Jan 1841 [that is, before reporting to the state was required] and those for which volunteer waivers were registered from Section 2A of chapter 46 of the General Laws.
http://www.state.ma.us/legis/history/h02459.htm.
House Bill 3147 Petition of Brian S. Dempsey for legislation to further regulate the issuance of death certificates.
http://www.state.ma.us/legis/history/h03147.htm.
Only the Senate bills' text is available online. You must contact your legislator for copies of the House bills.
