S T A T E O F N E W Y O R K
________________________________________________________________________
2362
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting charg-
ing a fee to obtain a certified copy or certified transcript of birth
when the department of corrections and community supervision or a
local correctional facility requests such for an individual under
community supervision
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 2 of part E of chapter 55 of the laws of 2022, 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 incarcerated individual
in anticipation of such incarcerated individual's release from custody
OR TO AN INDIVIDUAL UNDER COMMUNITY SUPERVISION IN CONNECTION WITH HIS
OR HER ONGOING SUPERVISION IN THE COMMUNITY or to obtain a death certif-
icate to be used for administrative purposes for an incarcerated indi-
vidual 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00603-01-3
A. 2362 2
commissioner of social services or the care and custody or custody and
guardianship of the office of children and family services in antic-
ipation of such youth's discharge from placement or foster care. Whenev-
er a request is made by the department of corrections and community
supervision for a certified copy or certified transcript of birth on
behalf of an incarcerated individual pursuant to this section, a certi-
fied copy of the sentence and commitment or certificate of conviction
shall be deemed to grant authorization by the incarcerated individual to
the department to submit such request on their behalf, and no other
authorization shall be required.
§ 2. Section 4179 of the public health law, as amended by section 3 of
part E of chapter 55 of the laws of 2022, is amended to read as follows:
§ 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 incarcerated individual in antic-
ipation of such incarcerated individual's release from custody OR TO AN
INDIVIDUAL UNDER COMMUNITY SUPERVISION IN CONNECTION WITH HIS OR HER
ONGOING SUPERVISION IN THE COMMUNITY or to obtain a death certificate to
be used for administrative purposes for an incarcerated individual who
has died under custody 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 anticipation of discharge from placement.
Whenever a request is made by the department of corrections and communi-
ty supervision for a certified copy or certified transcript of birth on
behalf of an incarcerated individual pursuant to this section, a certi-
fied copy of the sentence and commitment or certificate of conviction
shall be deemed to grant authorization by the incarcerated individual to
the department to submit such request on their behalf, and no other
authorization shall be required.
§ 3. This act shall take effect immediately.