S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2362
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 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:
 
   Section  1. Subdivision 4 of section 4174 of the public health law, as
 amended by section 2 of part E of chapter 55 of the  laws  of  2022,  is
 amended to read as follows:
   4.  No  fee shall be charged for a search, certification, certificate,
 certified copy or certified transcript of a record to be used for school
 entrance, employment certificate or for purposes  of  public  relief  or
 when  required  by the veterans administration to be used in determining
 the eligibility of any person to participate in the benefits made avail-
 able by the veterans administration or  when  required  by  a  board  of
 elections  for  the  purposes  of  determining voter eligibility or when
 requested by the department of corrections and community supervision  or
 a  local  correctional  facility  as  defined  in subdivision sixteen of
 section two of the correction law for the purpose of providing a  certi-
 fied copy or certified transcript of birth to an incarcerated individual
 in  anticipation  of such incarcerated individual's release from custody
 OR TO AN INDIVIDUAL UNDER COMMUNITY SUPERVISION IN CONNECTION  WITH  HIS
 OR HER ONGOING SUPERVISION IN THE COMMUNITY or to obtain a death certif-
 icate  to  be used for administrative purposes for an incarcerated indi-
 vidual who has died under custody or when requested  by  the  office  of
 children  and family services or an authorized agency for the purpose of
 providing a certified copy or certified transcript of birth to  a  youth
 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.
                                                            LBD00603-01-3
              

 A. 2362                             2
 
 commissioner of social services or the care and custody or  custody  and
 guardianship  of  the  office  of children and family services in antic-
 ipation of such youth's discharge from placement or foster care. Whenev-
 er  a  request  is  made  by the department of corrections and community
 supervision for a certified copy or certified  transcript  of  birth  on
 behalf  of an incarcerated individual pursuant to this section, a certi-
 fied copy of the sentence and commitment or  certificate  of  conviction
 shall be deemed to grant authorization by the incarcerated individual to
 the  department  to  submit  such  request on their behalf, and no other
 authorization shall be required.
   § 2. Section 4179 of the public health law, as amended by section 3 of
 part E of chapter 55 of the laws of 2022, is amended to read as follows:
   § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
 provisions  of  paragraph  one of subdivision a of section 207.13 of the
 health code of the city of New York,  the  department  of  health  shall
 charge,  and  the  applicant  shall pay, for a search of two consecutive
 calendar years under one name and  the  issuance  of  a  certificate  of
 birth, death or termination of pregnancy, or a certification of birth or
 death,  or  a  certification  that  the record cannot be found, a fee of
 fifteen dollars for each copy. Provided, however, that no such fee shall
 be charged when the department of corrections and community  supervision
 or  a  local  correctional facility as defined in subdivision sixteen of
 section two of the correction law requests a  certificate  of  birth  or
 certification  of birth for the purpose of providing such certificate of
 birth or certification of birth to an incarcerated individual in  antic-
 ipation  of such incarcerated individual's release from custody OR TO AN
 INDIVIDUAL UNDER COMMUNITY SUPERVISION IN CONNECTION  WITH  HIS  OR  HER
 ONGOING SUPERVISION IN THE COMMUNITY or to obtain a death certificate to
 be  used  for administrative purposes for an incarcerated individual who
 has died under custody  or  when  the  office  of  children  and  family
 services  or an authorized agency requests a certified copy or certified
 transcript of birth for a youth placed  in  the  custody  of  the  local
 commissioner of social services or the custody of the office of children
 and  family  services  pursuant to article three of the family court act
 for the purpose of providing such certified copy or certified transcript
 of birth to such youth in  anticipation  of  discharge  from  placement.
 Whenever a request is made by the department of corrections and communi-
 ty  supervision for a certified copy or certified transcript of birth on
 behalf of an incarcerated individual pursuant to this section, a  certi-
 fied  copy  of  the sentence and commitment or certificate of conviction
 shall be deemed to grant authorization by the incarcerated individual to
 the department to submit such request on  their  behalf,  and  no  other
 authorization shall be required.
   § 3. This act shall take effect immediately.