Bill Text: NY A02362 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits charging 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 in connection with his or her ongoing supervision in the community.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A02362 Detail]
Download: New_York-2023-A02362-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2362 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivision 4 of section 4174 of the public health law, as 2 amended by section 2 of part E of chapter 55 of the laws of 2022, is 3 amended to read as follows: 4 4. No fee shall be charged for a search, certification, certificate, 5 certified copy or certified transcript of a record to be used for school 6 entrance, employment certificate or for purposes of public relief or 7 when required by the veterans administration to be used in determining 8 the eligibility of any person to participate in the benefits made avail- 9 able by the veterans administration or when required by a board of 10 elections for the purposes of determining voter eligibility or when 11 requested by the department of corrections and community supervision or 12 a local correctional facility as defined in subdivision sixteen of 13 section two of the correction law for the purpose of providing a certi- 14 fied copy or certified transcript of birth to an incarcerated individual 15 in anticipation of such incarcerated individual's release from custody 16 or to an individual under community supervision in connection with his 17 or her ongoing supervision in the community or to obtain a death certif- 18 icate to be used for administrative purposes for an incarcerated indi- 19 vidual who has died under custody or when requested by the office of 20 children and family services or an authorized agency for the purpose of 21 providing a certified copy or certified transcript of birth to a youth 22 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. LBD00603-01-3A. 2362 2 1 commissioner of social services or the care and custody or custody and 2 guardianship of the office of children and family services in antic- 3 ipation of such youth's discharge from placement or foster care. Whenev- 4 er a request is made by the department of corrections and community 5 supervision for a certified copy or certified transcript of birth on 6 behalf of an incarcerated individual pursuant to this section, a certi- 7 fied copy of the sentence and commitment or certificate of conviction 8 shall be deemed to grant authorization by the incarcerated individual to 9 the department to submit such request on their behalf, and no other 10 authorization shall be required. 11 § 2. Section 4179 of the public health law, as amended by section 3 of 12 part E of chapter 55 of the laws of 2022, is amended to read as follows: 13 § 4179. Vital records; fees; city of New York. Notwithstanding the 14 provisions of paragraph one of subdivision a of section 207.13 of the 15 health code of the city of New York, the department of health shall 16 charge, and the applicant shall pay, for a search of two consecutive 17 calendar years under one name and the issuance of a certificate of 18 birth, death or termination of pregnancy, or a certification of birth or 19 death, or a certification that the record cannot be found, a fee of 20 fifteen dollars for each copy. Provided, however, that no such fee shall 21 be charged when the department of corrections and community supervision 22 or a local correctional facility as defined in subdivision sixteen of 23 section two of the correction law requests a certificate of birth or 24 certification of birth for the purpose of providing such certificate of 25 birth or certification of birth to an incarcerated individual in antic- 26 ipation of such incarcerated individual's release from custody or to an 27 individual under community supervision in connection with his or her 28 ongoing supervision in the community or to obtain a death certificate to 29 be used for administrative purposes for an incarcerated individual who 30 has died under custody or when the office of children and family 31 services or an authorized agency requests a certified copy or certified 32 transcript of birth for a youth placed in the custody of the local 33 commissioner of social services or the custody of the office of children 34 and family services pursuant to article three of the family court act 35 for the purpose of providing such certified copy or certified transcript 36 of birth to such youth in anticipation of discharge from placement. 37 Whenever a request is made by the department of corrections and communi- 38 ty supervision for a certified copy or certified transcript of birth on 39 behalf of an incarcerated individual pursuant to this section, a certi- 40 fied copy of the sentence and commitment or certificate of conviction 41 shall be deemed to grant authorization by the incarcerated individual to 42 the department to submit such request on their behalf, and no other 43 authorization shall be required. 44 § 3. This act shall take effect immediately.
