S1141-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S1141-2013 Memo

BILL NUMBER:S1141

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.

S1141-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1141
 2013-2014 Regular Sessions
 I N  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  or
 EXPLANATION--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.

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