Gesher Galicia SIG #Galicia (Poland) Civil Registration Bill Now Law #galicia
Jan Meisels Allen
Last summer a bill was introduced before the Polish Legislature (Sejm
and Senate), Nr 2620, that as introduced would have the civil records embargo period at 100 years >from date of birth, and 80 years >from dates of marriage and death. Nr 2620 passed both chambers of the Legislature, was signed by the President of Poland on December 5, 2014 and became effective as of January 1, 2015 (since then the date of implementation has been moved to March 1, 2015 -- see below) all as originally introduced, at least for the provisions that were of interest to the genealogical community. The new law reduced the embargo periods to 80 years for marriage and death records >from the previous, existing law of 100 years! This is a substantial and very welcome change!! It does retain birth records embargo at the previously existing 100 years. One of the most egregious provisions of Nr 2620 dealt with the length of time the USC (local archives) may retain the records -- up to 10 years to prepare the death and marriage records -- before they are submitted to branches of the Polish State Archives where, after the required embargo periods the records, are available to the general public. Trying to amend the provisions to a lesser embargo period for death records (less than the 80 years that was in the bill) and a shorter transfer period to the PSA branches was spearheaded by Gesher Galicia. IAJGS and other genealogical organizations sent letters to members of the legislature supporting Gesher Galicia's positions. Unfortunately, the Legislature did not amend their bill to incorporate the genealogical community's suggested changes. While we are disappointed that the embargo period for death records was not reduced as suggested by Gesher Galicia, the new law is an improvement, as mentioned above for marriage and death records. Gesher Galicia executives, Pamela Weisberger and Tony Kahane, along with their Polish representatives and others are actively working to bring any new (historical) records that are released to the public as a result of this law to interested researchers, whether in digitized or indexed formats, as soon as possible. A copy of the final bill -- now law -- may be seen at: http://orka.sejm.gov.pl/opinie7.nsf/nazwa/2620_u/$file/2620_u.pdf It is in Polish and the sections we were following were: sections 28 (embargo periods) and 127 (time for USC to transfer records to PSA). A summary of the bill's history in the legislature may be seen at: http://www.sejm.gov.pl/sejm7.nsf/PrzebiegProc.xsp?nr=2620 Google Translate (https://translate.google.com/) helps if you are interested in reading provisions in other than Polish. Stanley Diamond, executive director of JRI-Poland, has advised me that since the bill was passed, the implementation date has been moved forward to March 1, 2015 as a result of The Ministry of Internal Affairs wanting to assure proper time for the operations to go smoothly. The law requires a 6-month transition period. It also requires an additional six-months for implementation allowing the new (electronic) and old (hard copy) systems to work in parallel to ensure the electronic system is implemented correctly and fully operational. Please see: <https://www.msw.gov.pl/pl/aktualnosci/12687,Zmiany-w-ustawie-Prawo-o-aktach- stanu-cywilnego-od-1-marca-2015-r.html< (If you use Chrome as your browser and click in the narrative it will automatically translate >from the Polish to the English). Administration of implementing the new law may result in major reorganizational changes, training in the new, electronic systems, rehabilitation of old record books and other changes within the USC districts which will likely have a direct effect on the access to the books for scanning. Therefore, depending upon the specific USC office, this may delay access to an entire collection of pre-1935 records (i.e. those over 80 years old) for digitization and indexing. This does not prevent an individual >from applying to a specific USC for their own family records. Recognize that this is going to take some time for transition and please be patient in understanding these circumstances. Jan Meisels Allen Chairperson, IAJGS Public Records Access Monitoring Committee
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