Assembly Bill A3439

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3439
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring a certi-
   fied copy or certified transcript of a  birth  record,  death  record,
   certificate  of marriage, or certificate of dissolution of marriage to
   be issued to the child, grandchild, or great-grandchild of a  deceased
   person upon request
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 4173 of the public health law,  as
 amended  by  section  30 of part L of chapter 56 of the laws of 2015, is
 amended to read as follows:
   2. A certified copy or certified transcript of a birth record shall be
 issued only upon order of a court of competent jurisdiction  or  upon  a
 specific  request  therefor  by  the person, if eighteen years of age or
 more, or by a parent or other lawful representative  of  the  person  to
 whom  the record of birth relates including an authorized representative
 of the office of children and family services or a local social services
 district if the person is in the care and custody or custody and guardi-
 anship of such entity.  A CERTIFIED COPY OR CERTIFIED  TRANSCRIPT  OF  A
 BIRTH  RECORD  OF A DECEASED PERSON SHALL BE ISSUED ONLY UPON ORDER OF A
 COURT OF COMPETENT JURISDICTION, OR UPON A SPECIFIC REQUEST THEREFOR  BY
 A  PARENT, LAWFUL REPRESENTATIVE, CHILD, GRANDCHILD, OR GREAT-GRANDCHILD
 OF SUCH DECEASED PERSON TO WHOM SUCH RECORD OF BIRTH RELATES.
   § 2. Paragraphs (a), (b) and (g) of subdivision 1 of section  4174  of
 the  public  health  law,  paragraph (a) as amended by chapter 15 of the
 laws of 2024, paragraph (b) as amended by section 31 of part L of  chap-
 ter  56 of the laws of 2015, and paragraph (g) as amended by chapter 396
 of the laws of 1989, are amended and a new paragraph  (h)  is  added  to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06712-01-5
 A. 3439                             2
              

 
   (a)  upon request, issue to any applicant either a certified copy or a
 certified transcript of the record of any  death  registered  under  the
 provisions  of  this chapter (1) when a documented medical need has been
 demonstrated, (2) when a documented need to establish a legal  right  or
 claim  has  been demonstrated, (3) when needed for medical or scientific
 research approved by the commissioner, (4) when needed  for  statistical
 or  epidemiological  purposes  approved  by  the  commissioner, (5) upon
 specific request by municipal, state or federal agencies for statistical
 or official purposes, (6) upon specific request  of  the  agent  charged
 with  controlling  disposition  of  a  decedent's remains, as designated
 pursuant to subdivision three of section four thousand two  hundred  one
 of  this  chapter, spouse, domestic partners as defined in paragraph (c)
 of subdivision one of section four thousand  two  hundred  one  of  this
 chapter,  children,  GRANDCHILDREN, GREAT-GRANDCHILDREN, siblings, or[,]
 parents of the deceased or the lawful representative of such persons, or
 (7) pursuant to the order of a court  of  competent  jurisdiction  on  a
 showing  of  necessity; except no certified copy or certified transcript
 of a death record shall be subject to disclosure under  article  six  of
 the public officers law;
   (b)  issue  certified copies or certified transcripts of birth certif-
 icates only (1) upon order of a court of competent jurisdiction, or  (2)
 upon  specific  request therefor by the person, if eighteen years of age
 or more, or by a parent or other lawful representative of the person, to
 whom the record of birth relates including authorized representatives of
 a local social services district if the person is in the care and custo-
 dy or custody and guardianship of such district, or (3) IN THE CASE OF A
 CERTIFIED COPY OR CERTIFIED TRANSCRIPT  OF  A  BIRTH  CERTIFICATE  OF  A
 DECEASED  PERSON,  UPON  SPECIFIC  REQUEST THEREFOR BY A PARENT OR OTHER
 LAWFUL REPRESENTATIVE, CHILD, GRANDCHILD, OR  GREAT-GRANDCHILD  OF  SUCH
 DECEASED  PERSON  TO  WHOM  SUCH  RECORD  OF  BIRTH RELATES, OR (4) upon
 specific request therefor by a department of  a  state  or  the  federal
 government of the United States;
   (g)  upon  request  of  a  board  of elections, issue certification of
 death[.];
   (H) UPON REQUEST OF THE CHILD, GRANDCHILD, OR  GREAT-GRANDCHILD  OF  A
 DECEASED  PERSON,  ISSUE  A  CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF A
 CERTIFICATE OF MARRIAGE TO WHICH SUCH DECEASED PERSON WAS A PARTY.
   § 3. Section 4139 of the public health law is amended by adding a  new
 subdivision 5-a to read as follows:
   5-A.  WHERE BOTH PARTIES TO A CERTIFICATE OF DISSOLUTION OF A MARRIAGE
 ARE DECEASED,  THE  COMMISSIONER  SHALL  ISSUE  SUCH  CERTIFICATE,  UPON
 REQUEST,  TO  A  CHILD,  GRANDCHILD,  OR GREAT-GRANDCHILD OF EITHER SUCH
 PARTY.
   § 4. This act shall take effect immediately.