NY State Senate Bill 2017-S5169B

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2018	print number 5169b
Mar 29, 2018	amend (t) and recommit to health
Jan 03, 2018	referred to health
Mar 22, 2017	print number 5169a
Mar 22, 2017	amend and recommit to health
Mar 10, 2017	referred to health

Bill Amendments

Original

B (Active)

2017-S5169 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4174, Pub Health L

2017-S5169 - Summary

Relates to requiring the commissioner of the department of health to issue certified copies of the original long form birth certificates to adoptees who request such copy within forty-five days after receipt of such request.

2017-S5169 - Sponsor Memo

2017-S5169 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5169
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to issuing non-certi-
   fied copies of original long form birth certificates to adoptees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4174 of the public health law is amended by adding
 a new subdivision 10 to read as follows:
   10.(A) THE COMMISSIONER, OR ANY PERSON AUTHORIZED BY HIM OR HER, SHALL
 ISSUE NON-CERTIFIED COPIES OF ORIGINAL LONG FORM BIRTH CERTIFICATES UPON
 SPECIFIC REQUEST THEREFOR BY AN ADOPTEE, IF EIGHTEEN  YEARS  OF  AGE  OR
 MORE, OR IF THE ADOPTEE IS DECEASED, BY THE ADOPTEE'S DESCENDANTS, OR BY
 OTHER  LAWFUL  REPRESENTATIVES  OF  SUCH  ADOPTEE, TO WHOM THE RECORD OF
 BIRTH RELATES INCLUDING AUTHORIZED REPRESENTATIVES  OF  A  LOCAL  SOCIAL
 SERVICES  DISTRICT  IF THE ADOPTEE IS IN THE CARE AND CUSTODY OR CUSTODY
 AND GUARDIANSHIP OF SUCH DISTRICT.
   (B) THE COMMISSIONER SHALL ISSUE A NON-CERTIFIED COPY OF THE  ORIGINAL
 LONG FORM BIRTH CERTIFICATE WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF SUCH
 REQUEST.
   (C)  THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES NECESSARY TO
 IMPLEMENT THIS SUBDIVISION BY FEBRUARY FIRST, TWO THOUSAND EIGHTEEN.
   (D) THE DEPARTMENT MAY CHARGE A FEE  FOR  ISSUING  SUCH  NON-CERTIFIED
 COPY  OF AN ORIGINAL LONG FORM BIRTH CERTIFICATE. THE FEE MAY NOT EXCEED
 THE FEE FOR A CERTIFIED COPY OF AN ORIGINAL LONG FORM BIRTH  CERTIFICATE
 AS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect July 1, 2017.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09180-03-7

co-Sponsors

View additional co-sponsors

2017-S5169A - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4174, Pub Health L

2017-S5169A - Summary

2017-S5169A - Sponsor Memo

2017-S5169A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5169--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to issuing non-certi-
   fied copies of original long form birth certificates to adoptees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4174 of the public health law is amended by  adding
 a new subdivision 10 to read as follows:
   10.(A) THE COMMISSIONER, OR ANY PERSON AUTHORIZED BY HIM OR HER, SHALL
 ISSUE NON-CERTIFIED COPIES OF ORIGINAL LONG FORM BIRTH CERTIFICATES UPON
 SPECIFIC  REQUEST  THEREFOR  BY  AN ADOPTEE, IF EIGHTEEN YEARS OF AGE OR
 MORE, OR IF THE ADOPTEE IS DECEASED, BY THE ADOPTEE'S DESCENDANTS, OR BY
 OTHER LAWFUL REPRESENTATIVES OF SUCH ADOPTEE,  TO  WHOM  THE  RECORD  OF
 BIRTH  RELATES  INCLUDING  AUTHORIZED  REPRESENTATIVES OF A LOCAL SOCIAL
 SERVICES DISTRICT IF THE ADOPTEE IS IN THE CARE AND CUSTODY  OR  CUSTODY
 AND GUARDIANSHIP OF SUCH DISTRICT.
   (B)  THE COMMISSIONER SHALL ISSUE A NON-CERTIFIED COPY OF THE ORIGINAL
 LONG FORM BIRTH CERTIFICATE WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF SUCH
 REQUEST.
   (C) THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES NECESSARY  TO
 IMPLEMENT THIS SUBDIVISION BY FEBRUARY FIRST, TWO THOUSAND EIGHTEEN.
   (D)  THE  DEPARTMENT  MAY  CHARGE A FEE FOR ISSUING SUCH NON-CERTIFIED
 COPY OF AN ORIGINAL LONG FORM BIRTH CERTIFICATE. THE FEE MAY NOT  EXCEED
 THE  FEE FOR A CERTIFIED COPY OF AN ORIGINAL LONG FORM BIRTH CERTIFICATE
 AS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect August 1, 2017.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09180-04-7

co-Sponsors

View additional co-sponsors

2017-S5169B (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4174, Pub Health L

2017-S5169B (ACTIVE) - Summary

2017-S5169B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5169B         REVISED MEMO 03/29/2018

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
issuing certified copies of original long form birth certificates to
adoptees

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 4174 of the public health law by
adding subdivision 10, which requires the commissioner to provide certi-
fied copies of original long form birth certificates upon request by (i)
the adoptee (if 18 or older), (ii) the adoptee's direct line descend-
ants, (iii) lawful representatives of the adoptee and their direct line
descendants, or (iv) authorized representatives of a local social
services district if the adoptee is in the care and custody or custody
and guardianship of such district; and enumerates guidelines for the
promulgation of rules and regulations regarding the implementation of
this program.

Section 2 of this bill states that this bill shall take effect on August
1, 2018.

 
JUSTIFICATION:

This legislation will allow adult adoptees to request, through the
Department of Health, a long form, certified copy of his or her original
birth certificate. Under current state law, an adoptee must obtain a
court order to gain access to his or her original birth certificate.
This process is burdensome and expensive, and has the effect of deter-
ring adoptees from obtaining important information about their individ-
ual and family origins.

Recently, many states have changed their laws to provide adoptees with
easier access to copies of their birth certificates. This legislation
will follow the nationwide trend and give adult adoptees access to their
certified birth certificate upon a specific request, thereby providing
important information to those with the greatest interest in obtaining
it.

 
LEGISLATIVE HISTORY:

2017-18: A6821-A (Weprin)

 
FISCAL IMPLICATIONS:

None to the State of New York

 
EFFECTIVE DATE:
This act shall take effect on August 1, 2018.

2017-S5169B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5169--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sens. AVELLA, AKSHAR, ALCANTARA, BAILEY, BROOKS, GOLDEN,
   HAMILTON, MURPHY, SEWARD, TEDISCO -- read twice and  ordered  printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- 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  commit-
   tee
 
 AN  ACT to amend the public health law, in relation to issuing certified
   copies of original long form birth certificates to adoptees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4174 of the public health law is amended by adding
 a new subdivision 10 to read as follows:
   10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  COMMISSIONER,
 OR  ANY PERSON AUTHORIZED BY HIM OR HER, SHALL ISSUE CERTIFIED COPIES OF
 ORIGINAL LONG FORM BIRTH CERTIFICATES UPON SPECIFIC REQUEST THEREFOR (I)
 BY AN ADOPTEE, IF EIGHTEEN YEARS OF AGE OR MORE, OR (II) IF THE  ADOPTEE
 IS  DECEASED,  BY  THE  ADOPTEE'S  DIRECT  LINE DESCENDANTS, OR (III) BY
 LAWFUL REPRESENTATIVES OF SUCH ADOPTEE,  OR  LAWFUL  REPRESENTATIVES  OF
 SUCH  DECEASED ADOPTEE'S DIRECT LINE DESCENDENTS, AS THE CASE MAY BE, OR
 (IV) AUTHORIZED REPRESENTATIVES OF A LOCAL SOCIAL SERVICES  DISTRICT  IF
 THE  ADOPTEE  IS  IN THE CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF
 SUCH DISTRICT.
   (B) THE COMMISSIONER SHALL ISSUE A CERTIFIED COPY OF THE ORIGINAL LONG
 FORM BIRTH CERTIFICATE WITHIN FORTY-FIVE  DAYS  AFTER  RECEIPT  OF  SUCH
 REQUEST.
   (C)  THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES NECESSARY TO
 IMPLEMENT THIS SUBDIVISION BY FEBRUARY FIRST, TWO THOUSAND NINETEEN.
   (D) THE DEPARTMENT MAY CHARGE A FEE FOR ISSUING SUCH CERTIFIED COPY OF
 AN ORIGINAL LONG FORM BIRTH CERTIFICATE. THE FEE MAY NOT EXCEED THE  FEE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09180-07-8

 S. 5169--B                          2
 
 FOR  A  CERTIFIED  COPY  OF  AN  ORIGINAL LONG FORM BIRTH CERTIFICATE AS
 PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION.
   (E) FOR PURPOSES OF THIS SUBDIVISION:
   (I)  THE  TERM "COMMISSIONER" SHALL INCLUDE THE COMMISSIONER OF HEALTH
 AND MENTAL HYGIENE OF THE CITY OF NEW YORK  AND  FOR  RECORDS  OF  BIRTH
 PRIOR  TO JANUARY 1, 1914, THE LOCAL REGISTRARS OF THE CITIES OF ALBANY,
 BUFFALO AND YONKERS; AND
   (II) THE TERM "DEPARTMENT" SHALL INCLUDE THE DEPARTMENT OF HEALTH  AND
 MENTAL  HYGIENE  OF THE CITY OF NEW YORK AND, FOR RECORDS OF BIRTH PRIOR
 TO JANUARY 1, 1914, THE OFFICE OF VITAL STATISTICS OF THE CITY OF  ALBA-
 NY, THE OFFICE OF VITAL RECORDS OF THE CITY OF BUFFALO AND THE OFFICE OF
 CLERK OF THE CITY OF YONKERS.
   § 2. This act shall take effect August 1, 2018.

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Senate Bill S5169B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S5169 - Details

2017-S5169 - Summary

2017-S5169 - Sponsor Memo

2017-S5169 - Bill Text download pdf

co-Sponsors

2017-S5169A - Details

2017-S5169A - Summary

2017-S5169A - Sponsor Memo

2017-S5169A - Bill Text download pdf

co-Sponsors

2017-S5169B (ACTIVE) - Details

2017-S5169B (ACTIVE) - Summary

2017-S5169B (ACTIVE) - Sponsor Memo

2017-S5169B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2017-S5169 - Details

2017-S5169 - Summary

2017-S5169 - Sponsor Memo

2017-S5169 - Bill Text download pdf

co-Sponsors

2017-S5169A - Details

2017-S5169A - Summary

2017-S5169A - Sponsor Memo

2017-S5169A - Bill Text download pdf

co-Sponsors

2017-S5169B (ACTIVE) - Details

2017-S5169B (ACTIVE) - Summary

2017-S5169B (ACTIVE) - Sponsor Memo

2017-S5169B (ACTIVE) - Bill Text download pdf

Comments