Bill Text: NY S07853 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-09-09 - SIGNED CHAP.323 [S07853 Detail]

Download: New_York-2015-S07853-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7853--A
                    IN SENATE
                                      May 17, 2016
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health -- reported favora-
          bly from said committee and committed to the Committee on  Finance  --
          reported  favorably from said committee and committed to the Committee
          on Rules -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee
        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.
                                                                   LBD15335-03-6
        S. 7853--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.