S T A T E O F N E W Y O R K
________________________________________________________________________
2077
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to fees charged for
certain records; and to repeal certain provisions of such law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 4174 of the public health law is
REPEALED and a new subdivision 3 is added to read as follows:
3. FOR ANY SEARCH OF THE FILES AND RECORDS CONDUCTED FOR AUTHORIZED
GENEALOGICAL OR RESEARCH PURPOSES, THE COMMISSIONER OR ANY PERSON
AUTHORIZED BY HIM SHALL CHARGE A FEE FOR PERFORMING SUCH SEARCH. THE
FEE SHALL BE DETERMINED AT THE RATE OF TWENTY DOLLARS AN HOUR FOR TIME
ACTUALLY SPENT IN CONDUCTING SUCH SEARCH, TOGETHER WITH A FEE OF TWO
DOLLARS FOR EACH UNCERTIFIED COPY OR ABSTRACT OF SUCH RECORD REQUESTED
OR FOR A CERTIFICATION THAT A SEARCH DISCLOSES NO RECORD. IN THE CASE
WHERE THE ACTUAL FULL DATE OF THE RECORD IS SPECIFIED, AND THE REQUEST
IS MADE TO A LOCAL CLERK'S OFFICE, THE COST OF RETRIEVAL AND COPY OF THE
RECORD SHALL BE FIVE DOLLARS. IN THE CASE WHERE THE ACTUAL FULL DATE OF
THE RECORD PLUS THE STATE'S RECORD NUMBER IS SPECIFIED, AND THE REQUEST
IS MADE TO THE STATE HEALTH DEPARTMENT, THE COST OF RETRIEVAL AND COPY
OF THE RECORD SHALL BE TEN DOLLARS. IF NO RECORD IS FOUND IN THE AFORE-
MENTIONED TWO CASES, THE LOCAL CLERK OR STATE HEALTH DEPARTMENT IS ENTI-
TLED TO CHARGE THE SAME FEE AS IF THE RECORD WERE FOUND. ALL RECORDS
COPIED SHALL CONTINUE TO BE STAMPED "FOR GENEALOGICAL PURPOSES ONLY."
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00888-01-9