Bill Text: NY A10200 | 2015-2016 | General Assembly | Amended


Bill Title: Prohibits charging a fee to obtain a death certificate for an inmate who has died under custody.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-06-15 - substituted by s7853a [A10200 Detail]

Download: New_York-2015-A10200-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10200--A
                                                                Cal. No. 876
                   IN ASSEMBLY
                                      May 16, 2016
                                       ___________
        Introduced  by  M. of A. ROZIC, O'DONNELL, GOTTFRIED, BLAKE -- read once
          and referred to the Committee on Health -- reported  and  referred  to
          the  Committee  on Ways and Means -- reported from committee, advanced
          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading
        AN ACT to amend the public health law, in relation to prohibiting charg-
          ing a fee to obtain a death certificate for an  inmate  who  has  died
          under custody
          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  32 of part L of chapter 56 of the laws of 2015, 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 inmate in  anticipation
    15  of  such  inmate's release from custody or to obtain a death certificate
    16  to be used for administrative purposes for an inmate who has died  under
    17  custody  or when requested by the office of children and family services
    18  or an authorized agency for the purpose of providing a certified copy or
    19  certified transcript of birth to a youth placed in the care and  custody
    20  or custody and guardianship of the local commissioner of social services
    21  or  the  care  and  custody or custody and guardianship of the office of
    22  children and family services in anticipation of such  youth's  discharge
    23  from placement or foster care.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15335-02-6

        A. 10200--A                         2
     1    §  2. Section 4179 of the public health law, as amended by section 133
     2  of subpart B of part C of chapter 62 of the laws of 2011, is amended  to
     3  read as follows:
     4    §  4179.  Vital  records;  fees; city of New York. Notwithstanding the
     5  provisions of paragraph one of subdivision a of section  207.13  of  the
     6  health  code  of  the  city  of New York, the department of health shall
     7  charge, and the applicant shall pay, for a  search  of  two  consecutive
     8  calendar  years  under  one  name  and  the issuance of a certificate of
     9  birth, death or termination of pregnancy, or a certification of birth or
    10  death, or a certification that the record cannot  be  found,  a  fee  of
    11  fifteen dollars for each copy. Provided, however, that no such fee shall
    12  be  charged when the department of corrections and community supervision
    13  or a local correctional facility as defined in  subdivision  sixteen  of
    14  section  two  of  the  correction law requests a certificate of birth or
    15  certification of birth for the purpose of providing such certificate  of
    16  birth  or  certification  of  birth to an inmate in anticipation of such
    17  inmate's release from custody or to obtain a  death  certificate  to  be
    18  used for administrative purposes for an inmate who has died under custo-
    19  dy  or  when the office of children and family services or an authorized
    20  agency requests a certified copy or certified transcript of birth for  a
    21  youth placed in the custody of the local commissioner of social services
    22  or the custody of the office of children and family services pursuant to
    23  article  three of the family court act for the purpose of providing such
    24  certified copy or certified transcript of birth to such youth in  antic-
    25  ipation of discharge from placement.
    26    §  3.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.
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