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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7853
                    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
        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 for the purpose of obtaining a
    16  death certificate for an inmate who  has  died  under  custody  or  when
    17  requested by the office of children and family services or an authorized
    18  agency  for the purpose of providing a certified copy or certified tran-
    19  script of birth to a youth placed in the care and custody or custody and
    20  guardianship of the local commissioner of social services  or  the  care
    21  and  custody  or  custody and guardianship of the office of children and
    22  family services in anticipation of such youth's discharge from placement
    23  or foster care.
    24    § 2. Section 4179 of the public health law, as amended by section  133
    25  of  subpart B of part C of chapter 62 of the laws of 2011, is amended to
    26  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15335-01-6
        S. 7853                             2
     1    § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
     2  provisions  of  paragraph  one of subdivision a of section 207.13 of the
     3  health code of the city of New York,  the  department  of  health  shall
     4  charge,  and  the  applicant  shall pay, for a search of two consecutive
     5  calendar  years  under  one  name  and  the issuance of a certificate of
     6  birth, death or termination of pregnancy, or a certification of birth or
     7  death, or a certification that the record cannot  be  found,  a  fee  of
     8  fifteen dollars for each copy. Provided, however, that no such fee shall
     9  be  charged when the department of corrections and community supervision
    10  or a local correctional facility as defined in  subdivision  sixteen  of
    11  section  two  of  the  correction law requests a certificate of birth or
    12  certification of birth for the purpose of providing such certificate  of
    13  birth  or  certification  of  birth to an inmate in anticipation of such
    14  inmate's release from custody or for the purpose of  obtaining  a  death
    15  certificate  for an inmate who has died under custody or when the office
    16  of children and family services  or  an  authorized  agency  requests  a
    17  certified  copy  or  certified transcript of birth for a youth placed in
    18  the custody of the local commissioner of social services or the  custody
    19  of  the office of children and family services pursuant to article three
    20  of the family court act for the purpose of providing such certified copy
    21  or certified transcript of  birth  to  such  youth  in  anticipation  of
    22  discharge from placement.
    23    §  3.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.