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A01719 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1719
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to prohibiting charg-
          ing  a fee to obtain a certified copy or certified transcript of birth
          when the department of corrections  and  community  supervision  or  a
          local  correctional  facility  requests  such  for an individual under
          community supervision
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 4174 of the public health law, as
     2  amended by section 2 of part E of chapter 55 of the  laws  of  2022,  is
     3  amended to read as follows:
     4    4.  No  fee shall be charged for a search, certification, certificate,
     5  certified copy or certified transcript of a record to be used for school
     6  entrance, employment certificate or for purposes  of  public  relief  or
     7  when  required  by the veterans administration to be used in determining
     8  the eligibility of any person to participate in the benefits made avail-
     9  able by the veterans administration or  when  required  by  a  board  of
    10  elections  for  the  purposes  of  determining voter eligibility or when
    11  requested by the department of corrections and community supervision  or
    12  a  local  correctional  facility  as  defined  in subdivision sixteen of
    13  section two of the correction law for the purpose of providing a  certi-
    14  fied copy or certified transcript of birth to an incarcerated individual
    15  in  anticipation  of such incarcerated individual's release from custody
    16  or to an individual under community supervision in connection with  such
    17  individual's  ongoing  supervision in the community or to obtain a death
    18  certificate to be used for administrative purposes for  an  incarcerated
    19  individual who has died under custody or when requested by the office of
    20  children  and family services or an authorized agency for the purpose of
    21  providing a certified copy or certified transcript of birth to  a  youth
    22  placed  in the care and custody or custody and guardianship of the local
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03683-01-5

        A. 1719                             2
 
     1  commissioner of social services or the care and custody or  custody  and
     2  guardianship  of  the  office  of children and family services in antic-
     3  ipation of such youth's discharge from placement or foster care. Whenev-
     4  er  a  request  is  made  by the department of corrections and community
     5  supervision for a certified copy or certified  transcript  of  birth  on
     6  behalf  of an incarcerated individual pursuant to this section, a certi-
     7  fied copy of the sentence and commitment or  certificate  of  conviction
     8  shall be deemed to grant authorization by the incarcerated individual to
     9  the  department  to  submit  such  request on their behalf, and no other
    10  authorization shall be required.
    11    § 2. Section 4179 of the public health law, as amended by section 3 of
    12  part E of chapter 55 of the laws of 2022, is amended to read as follows:
    13    § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
    14  provisions  of  paragraph  one of subdivision a of section 207.13 of the
    15  health code of the city of New York,  the  department  of  health  shall
    16  charge,  and  the  applicant  shall pay, for a search of two consecutive
    17  calendar years under one name and  the  issuance  of  a  certificate  of
    18  birth, death or termination of pregnancy, or a certification of birth or
    19  death,  or  a  certification  that  the record cannot be found, a fee of
    20  fifteen dollars for each copy. Provided, however, that no such fee shall
    21  be charged when the department of corrections and community  supervision
    22  or  a  local  correctional facility as defined in subdivision sixteen of
    23  section two of the correction law requests a  certificate  of  birth  or
    24  certification  of birth for the purpose of providing such certificate of
    25  birth or certification of birth to an incarcerated individual in  antic-
    26  ipation  of such incarcerated individual's release from custody or to an
    27  individual under community supervision in connection with such  individ-
    28  ual's  ongoing supervision in the community or to obtain a death certif-
    29  icate to be used for administrative purposes for an  incarcerated  indi-
    30  vidual  who  has  died  under custody or when the office of children and
    31  family services or an authorized agency requests  a  certified  copy  or
    32  certified  transcript  of birth for a youth placed in the custody of the
    33  local commissioner of social services or the custody of  the  office  of
    34  children  and  family  services  pursuant to article three of the family
    35  court act for the purpose of providing such certified copy or  certified
    36  transcript  of  birth  to  such  youth in anticipation of discharge from
    37  placement. Whenever a request is made by the department  of  corrections
    38  and  community  supervision for a certified copy or certified transcript
    39  of birth on behalf  of  an  incarcerated  individual  pursuant  to  this
    40  section,  a certified copy of the sentence and commitment or certificate
    41  of conviction shall be deemed to grant authorization by the incarcerated
    42  individual to the department to submit such request on their behalf, and
    43  no other authorization shall be required.
    44    § 3. This act shall take effect immediately.
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