12/1/2006
By Diane Haddad
Public records laws are making it harder to get Grandma's birth certificate. Find out why — and what you can do about it.
One day last spring, genealogist Julie Miller found herself before a Colorado State Senate committee arguing against HB 1357, a bill to close access to marriage license applications, no matter how old. "It was very intimidating. I'd never done anything like it before," Miller says. A private investigator joined her protests, and the committee approved amendments to open the records after 50 years and let judges grant access. Gov. Bill Owens signed the amended bill into law April 24.
Generally, state "sunshine laws" require public records be available upon request for reasonable fees. But increasingly, state legislatures — including Colorado's — make exceptions that let them raise fees and limit access to the vital records genealogists seek. According to an Associated Press survey last March, states have passed 616 laws restricting access to records, meetings and other public information since Sept. 11, 2001 — compared to 284 laws expanding access. It's up to genealogists to take action.