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

                                 7853--A

                            I N  S E N A T E

                              May 17, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee and committed to the Committee on  Finance  --
  reported  favorably from said committee and committed to the Committee
  on Rules -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the public health law, in relation to prohibiting charg-
  ing  a  fee  to  obtain a death certificate for an inmate who has died
  under custody

  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 32 of part L of chapter 56 of the laws  of  2015,  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 inmate in anticipation
of such inmate's release from custody OR TO OBTAIN A  DEATH  CERTIFICATE
TO  BE USED FOR ADMINISTRATIVE PURPOSES FOR AN INMATE 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 commissioner of social services
or the care and custody or custody and guardianship  of  the  office  of
children  and  family services in anticipation of such youth's discharge
from placement or foster care.

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

                                                           LBD15335-03-6

S. 7853--A                          2

  S 2. Section 4179 of the public health law, as amended by section  133
of  subpart B of part C of chapter 62 of the laws of 2011, 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 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 inmate in anticipation of such
inmate's release from custody OR TO OBTAIN A  DEATH  CERTIFICATE  TO  BE
USED FOR ADMINISTRATIVE PURPOSES FOR AN INMATE WHO HAS DIED UNDER CUSTO-
DY  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  antic-
ipation of discharge from placement.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.