Assembly Bill A3686

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3686--A
                                                        Cal. No. 278

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. AUBRY, GOTTFRIED, COLTON -- Multi-Sponsored by --
  M.  of A.   PERRY -- read once and referred to the Committee on Health
  -- passed by Assembly and delivered to the Senate, recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the public health law, in relation  to  establishing  no
  fee shall be charged for certain requests for birth certificates

  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
separately amended by chapters 409 and 698  of  the  laws  of  1978,  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 CORRECTIONAL SERVICES OR A LOCAL  CORREC-
TIONAL  FACILITY AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE
CORRECTION LAW FOR THE PURPOSE OF PROVIDING A CERTIFIED COPY  OR  CERTI-
FIED  TRANSCRIPT  OF BIRTH TO AN INMATE IN ANTICIPATION OF SUCH INMATE'S
RELEASE FROM 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
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 IN ANTICIPATION  OF  SUCH  YOUTH'S  DISCHARGE  FROM
PLACEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04433-02-0
              

A. 3686--A                          2

  S 2. Section 4179 of the public health law, as added by chapter 414 of
the laws of 1990, is amended to read as follows:
  S  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 CORRECTIONAL SERVICES 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 INMATE IN ANTICIPATION OF SUCH INMATE'S
RELEASE FROM CUSTODY OR WHEN THE OFFICE OF CHILDREN AND FAMILY  SERVICES
OR  AN  AUTHORIZED  AGENCY  REQUESTS A CERTIFIED COPY OR CERTIFIED TRAN-
SCRIPT OF BIRTH FOR A YOUTH PLACED IN THE CUSTODY OF THE  LOCAL  COMMIS-
SIONER  OF  SOCIAL SERVICES OR THE CUSTODY OR 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.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.