I couldn’t resist sharing the following article which appeared in Eastman’s Online Genealogy Newsletter. It describes how Oklahoma’s Governor Mary Fallin recently signed into law a law a bill that says you can’t order a death certificate for the first 75 years following a death, unless you are dead. Really!
“You may remember the controversy surrounding a recently-enacted law in Oklahoma that restricts access to vital records for many years. Amongst other provisions, the law requires copies of death certificates to be issued only to the person who is listed on the certificate. That’s right, for the first 75 years following a death, you can’t order a death certificate unless you are dead!
Now the state legislature had a chance to fix the problem, but failed to do so. The following was received from Jan Meisels Allen, Chairperson of the International Association of Jewish Genealogical Societies’ Public Records Access Monitoring Committee:
Oklahoma SB 1448 was signed into law by Governor Mary Fallin on April 30, 2014. It becomes effective November 1, 2014. The bill was supposed to correct the legislation enacted several years ago that addressed vital records. Last year when a professional genealogist tried to obtain a copy of a death record it was found out that the law only permitted the named person-the deceased- to request their own death record. The law also made it a felony if a Department of Health Services employee provided the death certificate to anyone other the named person. Instead of “fixing” the glitch, the state incorporated the Model Vital Records Act provisions, which closes records for 125 years for births, death records for 75 years, and marriage and divorce records for 100 years. Unfortunately, the new law retained the same language –permitting only the “named person” to obtain the record during the embargo period. Therefore, for death records only the deceased may request their own records within the 75 years from date of death. The Oklahoma Genealogy Society decided that this was better than never having any access as was included in the original law from several years ago. To read the enrolled version see: http://webserver1.lsb.state.ok.us/cf_pdf/2013-14%20ENR/SB/SB1448%20ENR.PDF.
HB 3028 which was reported upon earlier and would merge the Oklahoma Historical Society into the Department of Tourism, History and Cultural Affairs has had no further action—heard in House Government Modernization Committee in early March. However, as the legislature does not adjourn until May 30, it is always possible that it may be appended into another bill. The genealogical community will continue to monitor.”