Authorizes the common council of the city of Albany, as the local legislative body, to establish the fee charged for issuance of birth and death records.
TITLE OF BILL: An act to amend the public health law, in relation to the fee charged for the issuance of birth and death records
PURPOSE OR GENERAL IDEA OF BILL: Authorizes the Albany Common Council to establish the fee charged for the issuance of birth and death records by the clerk of the City of Albany.
SUMMARY OF SPECIFIC PROVISIONS: Amends section 4173 (3) (b) of the public Health Law, to provide that the Albany Common Council may increase the fee charged for certified copies of birth and death certificates.
JUSTIFICATION: Vital records are documents such as birth and death certificates, Currently, the City of Albany is authorized to charge up to $10 for a certified copy of these vital records. The fee for a certified copy has not increased since 1991, when the fee increased from $5,00 to its present fee of $10.00. By contrast, the charge authorized for the NYS Department of Health for such records under NYS Public Health Law section 4174(2) has been increased twice and is $30. Due to the increasing costs in providing services to its residents and balancing the budget, the Albany Common Council has requested legislation enabling them to implement a fee increase. Local governments have limited resources, many of which are currently experiencing declines as a result of their economic sensitivity. Consequently, it is more important than ever that the state find no-cost ways to enhance local governments' ability to generate additional resources.
PRIOR LEGISLATIVE HISTORY: 2011/2012 - S.3551A/A.5667A Referred to Senate and Assembly Committees on Finance
FISCAL IMPLICATIONS: None to state government, additional local revenue will offset need to increase local property taxes.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1141 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. BRESLIN -- 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 the fee charged for the issuance of birth and death records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 4173 of the public health law, as amended by chapter 524 of the laws of 2007, is amended to read as follows: 3. (A) The registrar shall be entitled to a fee of ten dollars
[, except in the county of Chemung and the county of Monroe and the county of Onondaga and the county of Tompkins whereby such fee shall be set by the county health commissioner and in the city of Oswego whereby such fee shall be set by the Oswego common council, up to the amount charged by the commissioner as prescribed in subdivision two of section forty- one hundred seventy-four of this title]for each certification of birth or death or for each certified copy or certified transcript of any record of a birth or of a death or for a certification that a search discloses no record of a birth or of a death, furnished by him to an applicant, except that no fee shall be charged for a search, certif- ication of birth or death or certified copy or certified transcript of a birth or a death record to be used for school entrance, employment certificate or for purposes of public relief or government compensation or when required by the veterans administration to be used in determin- ing the eligibility of any person to participate in the benefits made available by the veterans administration, provided, however, that if such registrar is a city clerk, town clerk or village clerk, he shall collect such fees for and on behalf of the city, town or village in which he serves, provided, however, that an amount equivalent to the sum of such fees shall be paid at least monthly by such city, town orEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01873-01-3 S. 1141 2
village to such city clerk, town clerk or village clerk entitled to receive fees as a registrar of vital statistics. (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, IN THE FOLLOW- ING COUNTY JURISDICTIONS THE FEE SHALL BE SET BY THE COUNTY HEALTH COMMISSIONER: CHEMUNG, MONROE, ONONDAGA, TOMPKINS; AND IN THE FOLLOWING LOCAL JURISDICTIONS THE FEE SHALL BE SET BY THE LOCAL LEGISLATIVE BODY: CITY OF OSWEGO, CITY OF ALBANY. IN SUCH JURISDICTIONS, THE FEE MAY BE SET UP TO THE AMOUNT CHARGED BY THE COMMISSIONER AS PRESCRIBED IN SUBDI- VISION TWO OF SECTION FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS TITLE. S 2. This act shall take effect immediately.