The following was written by Pam Eagleson, CG and is used here with permission:
On 2 Mar, 2011 Helen Shaw,CG, Pam Eagleson,CG, and Melinde Lutz Sanborn,CG were among those who testified in favor of LD 258 at the public hearing in front of the [Maine] Committee on Health and Human Services. Dr. Steven Sears, acting Director of ME CDC spoke against it, and Kathy Montejo, Lewiston City Clerk, spoke neither in favor of it or against it. At the Committee's request, the stakeholders met afterwards to come to a compromise so the Committee could consider it during their work session on it the following day.
On 3 Mar, 2011 the Committee on Health and Human Services voted unanimously that LD 258 "ought to pass as amended."
Provisions of LD 258 explained
The new law will take effect 90 days after the end of this legislative session assuming it is passed in the House & Senate.
NOTE: CDC/ODRVS = Centers for Disease Control, Office of Data, Research and Vital Statistics. This office will write the rules by which LD 258 will be implemented. These rules will specify what information and documentation must be provided to prove the relationships listed in Paragraph 5. These rules will specify what information and documentation must be provided to obtain a researcher card. Presumably these will be the same as the rules for LD 1781 [which are incomplete and on hold]. The cost of the researcher card also will be set in the rules.PUBLIC RECORDS
1. All vital records before 1892 are open to anyone without restriction. Anyone can buy an informational copy or an official copy on town letterhead. You do not need a CDC/ODRVS researcher card to access these records.
NOTE: Towns may impose their own rules covering access to vital records to include specific days or hours of availability, forms that must be filled out, and personal identification to be provided. However, having state statute saying these early vital records are public records should help immensely.2. All birth certificates between 1892 and 1936 are open to anyone without restriction. That upper year will shift as time goes on; the closure period is 75 years. Anyone can buy a non-certified copy. Only people listed in Paragraph 5 can buy a certified copy. You do not need a CDC/ODRVS researcher card to access these records.
Note that the exact wording of the law for the following records states that they are open after XX years from the date of the event. The years listed below are a simplification. These records may be accessed at the Vital Records Unit in Augusta or at the applicable municipal office.
3. All marriage certificates, registrations of domestic partnerships, and certificates for fetal deaths between 1892 and 1961 are open to anyone without restriction.
That upper year will shift as time goes on; the closure period is 50 years. Anyone can buy a non-certified copy.
Only people listed in Paragraph 5 can buy a certified copy. You do not need a CDC/ODRVS researcher card to access these records.
4. All deaths certificates between 1892 and 1986 are open to anyone without restriction.That upper year will shift as time goes on; the closure period is 25 years.
Anyone can buy a non-certified copy. Only people listed in Paragraph 5 can buy a certified copy.You do not need a CDC/ODRVS researcher card to access these records.
CLOSED RECORDS
5. Access to birth certificates less than 75 years old
You need to be a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card.Only people listed in Paragraph 5 can buy a certified (or non-certified) copy.
People with a CDC/ODRVS researcher card can buy a non-certified copy.
6. Access to marriage certificates, registrations of domestic partnerships, or fetal death certificates less than 50 years old. You need to be a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card. Only those listed in Paragraph 5 can buy a certified (or non-certified) copy. People with a CDC/ODRVS researcher card can only buy a non-certified copy.
7. Access to death certificates less than 25 years old
You need to be in a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card.Only those listed in Paragraph 5 can buy a certified (or non-certified) copy. People with a CDC/ODVRS researcher card can only buy a non-certified copy. All family members (as listed in Paragraph 5) must provide documentation of their identity and their relationship to the persons whose vital records are being accessed. Rules for genealogists (paid or not) who are acting as an agent for a family member listed in Paragraph 5 are still being written and may change. We know so far these genealogists must have a CDC/ODRVS researcher card and that they may buy certified copies of vital records for the client. Also, the client must provide a notarized letter of authorization for the genealogist and documentation of their identity and relationship to the persons whose vital records are being accessed.
note: Genealogists with the CDC/ODRVS researcher card have access to ALL vital records. We have written assurance that the fee for the researcher card will be reduced to $25 for 2 years, but there will be no more free copies.
