Mr. Chairman, members of the committee, my name is Dr. Edward C. Papenfuse, Archivist of the state of Maryland.
Let me begin by saying that we are here today to offer suggestions, not to fix an existing law, but to improve it, so that it works better for your constituents. Nine years of experience with the current law makes it clear that we can serve your constituents better if we simplify the law with regard to access, and with regard to the timing of access to vital records. The bill you have before you is a cooperative endeavor of the State Archives and the Department of Health and Mental Hygiene. You have Dr. Wasserman's letter in support of the bill. You have a fiscal impact statement which indicates that there are no costs associated with implementation of these proposed revisions.
I am often asked why it is that the Archives is involved in providing access to vital records. We like to think of the Archives as being similar to Fort Knox, though not with the problem of Fort Knox which is the diminishing of gold reserves. It is the Archives' role to care for and preserve the most valuable series of records generated by state government. Included in those series are vital records which are so important to the daily lives of every citizen of this state.
In 1987, the Archives and the Department of Health and Mental Hygiene proposed legislation which was adopted, and signed into law, that established a standard for access to the vital records of the state of Maryland. This archival collection of birth and death records, divorce and marriage certificates, is among the most important set of permanent records series for which the Archives and the Department are jointly responsible. The 1987 legislation established a standard for disclosure and accountability for disclosure that strikes a balance between the individual's right to privacy and, after an appropriate interval, the public's right to obtain access to this information for historical and genealogical research.
We are concerned with both the preservation of information and the need to make government records available for public use. While this bill addresses the issues of accessibility, please understand that that we are working closely with the Department of Health and Mental Hygiene on the permanence of this most important set of archival records. These records, like so many of the state's permanent records, are now being gathered and maintained electronically. There is not any longer a paper copy that constitutes the 'original record'. So while I will address the need for access and more effective administration of the older materials in my testimony you should understand our concern for the preservation of the new electronic record the Department is creating as well.
After almost ten years of operating within the context of the current law, the Archives was asked by its constituents to make these records more accessible to those who have a right to access while maintaining strict accountability with regard to the granting of such access. The Archives and the Department of Health and Mental Hygiene have worked cooperatively to develop revisions to the law which are encompassed in the proposed legislation, HB 1246, which we are addressing today.
The changes we propose will modify the restrictions on access to these records, redefine the information which may be extracted from the restricted records, and provide more effective service to the public within a framework of strict accountability.
The proposed legislation removes restrictions on marriage and divorce records. While these are publicly available without restriction at the courts, the 1987 law restricts disclosure of the copies filed with the Department for 60 years. Only the individuals named in the records or their legal representatives may obtain copies of these records from the Department at the present time.
This bill addresses this inconsistency in the administration of these records by removing the 60 year restriction. In addition, it permits access to indexes for records over the entire state, greatly simplifying the search process which heretofore necessitated inquiries at each of the circuit courts.
We have also asked that the restriction on access to original death records be reduced from 20 years to 10 years to facilitate the use of records for genealogical research which does not constitute an invasion of privacy, or to identify heirs for inheritance purposes.
In the process of drafting the legislation, an inconsistency has occurred in the term "death records are to be restricted." The bill requires an amendment on page 2, line 20 to strike the number '5' and replace it with the number '10'. This is consistent with the terms of the restriction found on page 2, line 11 and is merely meant to correct a typographical error. The bill has been amended by the House to effect this change.
In conjunction with the Department of Health and Mental Hygiene, we have advocated limiting the amount of information that can be provided in an extract of a restricted vital record. The Department of Health and Mental Hygiene has been concerned that some of the information provided in the extracts permitted under the current law could be used fraudulently to obtain birth records.
In this regard, let me assure the committee that the Archives is fully accountable for the reference services we provide to the public. Accurate registration files of all patrons who visit are maintained. All correspondence to and from the Archives is immediately retrievable. We are working with the Vital Records Division on establishing a connection for them to check our files when questions about the authenticity of documents arise. It is our belief that it would be extremely difficult, if not impossible for copies of vital records obtained from the Archives to be used for fraudulent purposes, and if such an unlikely event were to occur, the audit trail at the Archives is examplary. We do pay attention to the issues of privacy while quickly providing information to which our patrons are legitimately entitled. In the process of doing so, we track the inquiries and have a number of checks and balances within the system to help prevent fraud and abuse of the service.
Permitting greater access to these records will benefit Marylanders and citizens elsewhere by providing convenient access to vital record information for those with especially difficult or time-consuming inquiries. The need for this access is seen daily at the Archives where our telephone reference operation receives almost 14,000 calls each year, many of them from patrons seeking vital records. These inquiries come from all over the country and from abroad as well. I think two examples of the inquiries we typically receive will give you a sense of why we are advocating these revisions.
A recent widow, whose husband was divorced from his first wife many years ago, calls for help. She is elderly and has no transportation. She finds that she needs copies of her marriage license, her husband's death certificate, and his divorce decree to apply for survivor benefits. She does not know the county in which the divorce took place. Under the present law, she would have to contact each of the 24 jurisdictions to see which court granted the divorce. Under the proposed revisions, this woman, or her representative, would be able to call the Archives, which would have access to the indexes and provide copies.
A man calls on his parents' behalf to obtain a copy of their marriage certificate. All his parents can tell him is that they boarded a train in New York in 1956 en route to Virginia Beach. Somewhere in Maryland, they stopped off to get married but neither remembers where. Consequently, this man has no idea which court may have the record of the marriage. Under the proposed revisions, he could call or visit the Archives and easily obtain this record.
By dealing with questions like these at the Archives, we allow the Vital Records Division to concentrate on the hundreds of thousands of inquiries that do not require the expertise of the Archives to find the information.
The purpose of the Archives is to preserve and make accessible the permanently valuable records of all State Agencies. This bill helps both our agencies to do a better job of delivery of services to your constituents. I hope you will find it possible to support the recommended changes to the law.
I appreciate the opportunity to present our testimony to the committee and welcome any questions you may have.
Thank you.