Assembly Bill A1719

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1719
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 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  SUCH
 INDIVIDUAL'S  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 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.
                                                            LBD03683-01-5
              

 A. 1719                             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 SUCH  INDIVID-
 UAL'S  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 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  community  supervision for a certified copy or certified transcript
 of birth on behalf  of  an  incarcerated  individual  pursuant  to  this
 section,  a certified 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.