S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8314
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 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 LONG-TERM CONTRACT WITH A  QUALI-
 FIED  ENTITY  TO  CREATE,  MAINTAIN,  AND  UPDATE AN ONLINE GENEALOGICAL
 RESEARCH DATABASE OF IMAGES OF NEW YORK STATE BIRTH,  MARRIAGE,  DISSOL-
 UTION  OF  MARRIAGE,  AND  DEATH  CERTIFICATES  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, MARRIAGE, DISSOLUTION OF MARRIAGE, AND
 DEATH CERTIFICATES TO BE LINKED TO A DIGITAL  IMAGE  OF  THE  UNDERLYING
 ORIGINAL  BIRTH, MARRIAGE, DISSOLUTION OF MARRIAGE, OR DEATH RECORD ONCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11667-02-5
              

 A. 8314                             2
 
 ANY SUCH UNDERLYING RECORD HAS BECOME PUBLIC INFORMATION  UNDER  SECTION
 FORTY-ONE  HUNDRED SEVENTY-FOUR OF THIS TITLE, AND THE ONLINE GENEALOGI-
 CAL 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 SECURITY 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:  (A)  A
 RECORD  OF  BIRTH THAT HAS BEEN ON FILE FOR AT LEAST SEVENTY-FIVE YEARS;
 (B) A RECORD OF MARRIAGE, DISSOLUTION OF MARRIAGE,  OR  DEATH  THAT  HAS
 BEEN  ON  FILE  FOR  AT  LEAST  FIFTY YEARS; OR (C) 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. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.