S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8314--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, SAYEGH, REYES, BRABENEC -- read once and
   referred to the Committee on Health -- reported and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health to enter into a contract for the digitalization
   and indexing of certain vital records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 4180 to read as follows:
   § 4180. VITAL RECORDS DIGITALIZATION. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE TERM:
   (A)  "VITAL  RECORDS  INDEX"  OR  "INDEX"  SHALL MEAN A SYSTEMATICALLY
 ORGANIZED LISTING, COMPILATION, OR DATABASE DERIVED FROM ORIGINAL  VITAL
 RECORDS  MAINTAINED  BY  THE  STATE  LOCAL REGISTRARS, INCLUDING BUT NOT
 LIMITED TO VITAL RECORDS RELATING TO BIRTH, DEATH, MARRIAGE, AND DISSOL-
 UTION OF MARRIAGE, WHICH INCLUDES AT A MINIMUM, THE NAMES OF ANY  REGIS-
 TRANTS,  THE  DATE  AND  LOCATION  OF  THE EVENT'S REGISTRATION, AND ANY
 ASSIGNED IDENTIFYING REFERENCE NUMBERS.
   (B) "QUALIFIED ENTITY" SHALL MEAN A NATURAL  PERSON,  FIRM,  ORGANIZA-
 TION, PARTNERSHIP, ASSOCIATION, CORPORATION, OR ANY OTHER ENTITY EXPERI-
 ENCED IN MAINTAINING GENEALOGICAL RESEARCH DATABASES.
   2. THE DEPARTMENT SHALL ENTER INTO A CONTRACT WHICH SHALL BE NO LONGER
 THAN  SEVEN YEARS IN LENGTH WITH A QUALIFIED ENTITY TO CREATE, MAINTAIN,
 AND UPDATE AN ONLINE GENEALOGICAL RESEARCH DATABASE  OF  IMAGES  OF  NEW
 YORK  STATE  BIRTH, MARRIAGE, DISSOLUTION OF MARRIAGE, AND DEATH CERTIF-
 ICATES AT NO DIRECT COST TO THE STATE,  IN  EXCHANGE  FOR  ALLOWING  THE
 QUALIFIED  ENTITY  TO  ALSO PROVIDE SUCH DATABASE TO ITS SUBSCRIBERS AND
 CUSTOMERS. SUCH ONLINE DATABASE SHALL BE  DESIGNED  AND  CONSTRUCTED  TO
 HAVE  THE  CAPABILITY  OF  ALLOWING  A  VITAL  RECORDS  INDEX  OF BIRTH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11667-06-5
              

 A. 8314--A                          2
 
 MARRIAGE, DISSOLUTION OF MARRIAGE, AND DEATH CERTIFICATES TO  BE  LINKED
 TO  A  DIGITAL IMAGE OF THE UNDERLYING ORIGINAL BIRTH, MARRIAGE, DISSOL-
 UTION OF MARRIAGE, OR DEATH RECORD ONCE ANY SUCH UNDERLYING  RECORD  HAS
 BECOME  PUBLIC  INFORMATION UNDER SECTION FORTY-ONE HUNDRED SEVENTY-FOUR
 OF THIS TITLE, AND THE ONLINE GENEALOGICAL RESEARCH  DATABASE  SHALL  BE
 DESIGNED  TO  ALLOW  THE DEPARTMENT TO CREATE AND ACTIVATE SUCH LINKS TO
 DIGITAL IMAGES OF THE ORIGINAL  RECORDS.  ANY  SOCIAL  SECURITY  NUMBERS
 APPEARING  ON  SUCH  RECORDS  SHALL  BE REDACTED FROM THE DIGITAL IMAGES
 PROVIDED TO THE PUBLIC, WHICH MAY INCLUDE BULK REDACTION OF SOCIAL SECU-
 RITY FIELDS FROM THE IMAGES VIA AUTOMATED METHODS. SUCH INDEXES SHALL BE
 A PUBLIC RECORD AND SUBJECT TO THE  STATE  FREEDOM  OF  INFORMATION  LAW
 UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   §  2.  Subdivision  3  of  section  4174  of the public health law, as
 amended by section 2 of part W-2 of chapter 62 of the laws of  2003,  is
 amended to read as follows:
   3. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER
 SHALL HAVE THE AUTHORITY TO DETERMINE THE MEANS AND METHODS BY WHICH THE
 FOLLOWING GENEALOGICAL RECORDS SHALL BE RELEASED TO AN APPLICANT MEETING
 THE  QUALIFICATIONS  TO RECEIVE THE RELEVANT RECORD TYPE AS DESCRIBED IN
 THIS SECTION OR IN ARTICLE THREE OF THE DOMESTIC RELATIONS  LAW:  (1)  A
 RECORD  OF  BIRTH THAT HAS BEEN ON FILE FOR AT LEAST SEVENTY-FIVE YEARS;
 (2) A RECORD OF MARRIAGE, DISSOLUTION OF MARRIAGE,  OR  DEATH  THAT  HAS
 BEEN  ON  FILE  FOR  AT  LEAST  FIFTY YEARS; OR (3) ANY RECORD OF BIRTH,
 MARRIAGE, DISSOLUTION OF MARRIAGE, OR DEATH FOR WHICH THE REQUESTER IS A
 LINEAL OR COLLATERAL DESCENDANT.
   (B) For any search of the files and records conducted  for  authorized
 genealogical  or  research  purposes,  the  commissioner  or  any person
 authorized by [him] THE COMMISSIONER  shall  be  entitled  to,  and  the
 applicant shall pay, a fee of twenty dollars for each hour or fractional
 part  of  an  hour of time of search, together with a fee of two dollars
 for each uncertified copy or abstract of such record  requested  by  the
 applicant or for a certification that a search discloses no record.
   § 3. (a) Notwithstanding any law, rule, or regulation to the contrary,
 all  rights  or  benefits, including terms and conditions of employment,
 and protection of civil service and collective bargaining status of  all
 existing  employees  of any state or political subdivision thereof which
 currently performs any work related to this act, or similar work,  shall
 be preserved and protected.
   (b)  Nothing  in this act shall result in the: (1) displacement of any
 currently employed worker or loss of position, including but not limited
 to any partial displacement such as a reduction in the hours of  non-ov-
 ertime  work, wages, or employment benefits, or result in the impairment
 of existing collective bargaining agreements; or  (2)  transfer  of  any
 job,  duty or function not directly authorized by this act to the quali-
 fied entity.
   (c) Nothing contained in this act shall be construed  to  affect:  (1)
 the  existing  rights  of  employees  pursuant to an existing collective
 bargaining agreement; and (2) the  existing  representational  relation-
 ships  among  employee  organizations  or  the  bargaining relationships
 between the employer and an employee organization.
   § 4. This act shall take effect immediately.