Senate Bill S5766

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

    S. 5766--A                                            A. 8423--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 15, 2011
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Rules  --
  recommitted  to the Committee on Health in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. AMEDORE -- read once and referred
  to the Committee on Health -- recommitted to the Committee  on  Health
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the public health law, in relation to the fee charged
  for the issuance of birth and death records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 4173 of the public health law, as
amended by chapter 524 of the laws  of  2007,  is  amended  to  read  as
follows:
  3.  (A)  The  registrar  shall  be  entitled to a fee of ten dollars[,
except in the county of Chemung and the county of Monroe and the  county
of  Onondaga and the county of Tompkins whereby such fee shall be set by
the county health commissioner and in the city of  Oswego  whereby  such
fee  shall be set by the Oswego common council, up to the amount charged
by the commissioner as prescribed in subdivision two of  section  forty-
one  hundred seventy-four of this title] for each certification of birth
or death or for each certified  copy  or  certified  transcript  of  any
record  of  a  birth  or of a death or for a certification that a search
discloses no record of a birth or of a death, furnished  by  him  to  an
applicant,  except  that  no  fee shall be charged for a search, certif-
ication of birth or death or certified copy or certified transcript of a
birth or a death record to  be  used  for  school  entrance,  employment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13065-02-2
              

S. 5766--A                          2                         A. 8423--A

certificate  or for purposes of public relief or government compensation
or when required by the veterans administration to be used in  determin-
ing  the  eligibility  of any person to participate in the benefits made
available  by  the  veterans  administration, provided, however, that if
such registrar is a city clerk, town clerk or village  clerk,  he  shall
collect  such  fees  for  and  on behalf of the city, town or village in
which he serves, provided, however, that an amount equivalent to the sum
of such fees shall be paid at  least  monthly  by  such  city,  town  or
village  to  such  city  clerk,  town clerk or village clerk entitled to
receive fees as a registrar of vital statistics.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, IN THE  FOLLOW-
ING  COUNTY  JURISDICTIONS  THE  FEE  SHALL  BE SET BY THE COUNTY HEALTH
COMMISSIONER: CHEMUNG, MONROE, ONONDAGA, TOMPKINS; AND IN THE  FOLLOWING
LOCAL  JURISDICTIONS THE FEE SHALL BE SET BY THE LOCAL LEGISLATIVE BODY:
CITY OF OSWEGO, CITY OF AMSTERDAM.  IN SUCH JURISDICTIONS, THE  FEE  MAY
BE  SET  UP  TO  THE AMOUNT CHARGED BY THE COMMISSIONER AS PRESCRIBED IN
SUBDIVISION TWO OF SECTION FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS TITLE.
  S 2. This act shall take effect immediately.