COGenBlog

A new brochure ” The Case for Open Public Records” was released yesterday by the The Records Preservation and Access Committee (RPAC). RPAC is a joint advisory committee of the National Genealogical Society, Federation of Genealogical Societies, Association of Professional Genealogists, Board for Certification of Genealogists, and the International Assocation of Jewish Genealogical Societies.

The new tri-fold brochure addresses the facts, pros, and myths for keeping public records open. It also gives guidelines for the access that we need.

The Committee has posted the brochure on the RPAC Web site and has given permission for local genealogical societies to reproduce it. Copies can also be ordered for 12 cents each plus shipping by contacting Jan Alpert at janalpert@aol.com.

The brochure follows the release of the “The Case for Open Records: A Position Paper” earlier this year by the Association of Professional Genealogists.

Open records has become a major issue for genealogists. Please take the time to educate yourself on the issue and share that information with friends, family, and your legislators.

The following was submitted to COGenBlog by Georgia Neilsen, Library Assistant and Coordinator at the Perl Mack Library (303/428-3576).

The Perl Mack Library, part of the Rangeview Library District, located at 7611 Hilltop Circle has a genealogy collection of 450 books for the public at their branch. Some of the books are how-to’s but there are some rare books that most smaller libraries outside of Denver Public Library may not own & offer to the public. That collection is now in danger. The Rangeview Library District Board will meet at the Thornton Library located at 8992 N. Washington June 12, 2006 at 6:00 p.m. concerning the closure of this library branch due to funding issues. The closure of this branch puts the collection at risk. The Perl Mack Genealogy Group has been an active group of 30 members who have been meeting at this branch since 2002 & have contributed 70 of the books that are part of the collection.

This information is to inform the genealogy community of another threat to research in the north metro area. All comments should be directed to the Rangeview Library Director & Board members. Go to the website: www.rangeviewld.org for information.

On 24 March 2006 and 31 March 2006 , we reported on Colorado House Bill 1357 (HB 1357). Governor Owens signed the amended bill on 24 April 2006. As amended, the law will close marriage applications that are less than 50 years old to all but immediate family members. Applications that are older than 50 years will remain open records that can be inspected by the public.

Today (Friday , 31 March 2006) the Colorado Senate passed HB 1357 after adding two amendments. The first amendment (L.003) opens marriage applications after 50 years. This was a compromise which we proposed at the committee meeting last week. The second amendment (L.004), which was proposed by Private Investigators, could also benefit genealogists. The amendment allows anyone to apply to the district court, which may at its discretion and with good cause order that the marriage application be inspected. In effect, this provision affects those records less than 50 years from the date of the marriage application.

The amended bill still needs to pass the House and then it will go to the Governor for his signature.

This is a success compared to what the public would have had as the bill was originally proposed - no access at all. Our success was a direct result of the letters and calls from the Colorado genealogical community to their Senators.

Without amendment L.003, all Colorado marriage applications would be closed forever. With the amendment, marriage applications before 1956 are open records.

You can follow the progress of HB 1357 at Colorado General Assembly.

On Wednesday, 22 March 2006, the Colorado Senate Judiciary Committee passed HB 1357 and sent it to the Senate for vote. This bill will close access to the marriage applications in Colorado. We do not know when the HB 1357 will come up for a vote but think that it may happen very soon.

The Colorado genealogical community needs to act NOW! I encourage everyone to take the following steps:

1. Call your senator and ask that he or she vote NO on HB 1357 (contact information provided below).
2. Write your senator and ask he or she to vote NO on HB 1357 (email preferred but postal okay).
3. Call Senator Jim Isgar, HB 1357 sponsor, at (303) 866-4884.
4. Write Senator Jim Isgar at isgarsenate@frontier.net.

Inform all Coloradans about HB 1357 and encourage them to help in defeating this bill by contacting their senator. We will all be affected by this bill.

As you know, the information of genealogical value contained on the marriage application and not included on the marriage license is: names of parents for bride and groom, date of birth, marital status, last name if different at birth. If marriage applications are closed, we will loose access to this vital genealogical information.

Using your own words, ask your senator to vote “NO” on HB 1357 and include the following points:
-your name, address, and your district number to identify you as their constituent
-express your concern regarding HB 1357
-recognize that HB 1357 seeks to limit access to marriage applications in order to protect citizens from identity theft
-as genealogists, we are concerned that this bill would limit access to family history information for genealogical purposes
-support legislation that would keep records open

—————beginning of example—————————————————————

Dear Senator [insert name],
I am a concerned citizen residing in the [insert #] district. This letter requests that you vote “NO” on HB 1357 which would close marriage applications in Colorado. While I commend the efforts of our elected officials in their efforts to prevent identity theft, restricting access to these records is not the solution.

HB 1357 would have a negative impact on records access in our state. This bill would prevent all genealogists access to the records that are vitally important to tracing our family history.

I request that you vote “NO” on HB 1357.

Respectfully,

[name]
[address]
[email]

———-end of example————————————————————————–

Contact Information:

To find the name and contact information of your senator, go to the Colorado General Assembly web site and click “Senators”

Send postal mail to [Senators name], 200 E. Colfax, Denver, CO 80203

Contact information for the sponsor, Senator Jim Isgar: (303) 866-4884, 200 E. Colfax, Denver, CO 80203, isgarsenate@frontier.net

Below is additional information with the text and summary of the bill.

Text of the bill:
SECTION 24-72-204 (3) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
24-72-204. Allowance or denial of inspection - grounds - procedure - appeal. (3) (a) The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3):
(XIX) Applications for a marriage license submitted pursuant to section 14-2-106, C.R.S. A person in interest under this subparagraph (XIX) includes an immediate family member of either party to the marriage application. As used in this subparagraph (XIX), “immediate family member” means a person who is related by blood, marriage, or adoption. Nothing in this subparagraph (XIX) shall be construed to prohibit the inspection of marriage licenses or marriage certificates or to otherwise change the status of those licenses or certificates as public records.
SECTION Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Summary of bill:
Prohibits a custodian of records from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a marriage license of any person.