S3540A-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• May 20, 2011: PRINT NUMBER 3540A
• May 20, 2011: AMEND AND RECOMMIT TO FINANCE
• May 4, 2011: COMMITTEE DISCHARGED AND COMMITTED TO FINANCE
• Feb 24, 2011: REFERRED TO HEALTH

S3540A-2011 Memo

BILL NUMBER:S3540A

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 Oneida common council to establish the fee charged for
the issuance of birth and death records by the clerk of the city of
Oneida.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 4173 of the public health law, to provide that the Oneida
common council may increase the fee charged for certified copies of
birth and death certificates.

JUSTIFICATION:
Currently, the city of Oneida is authorized to charge up to $10 for a
certified copy of these vital records. Due to increasing costs in
providing services to its residents and balancing the budget, this bill
was introduced at the request of the City of Oneida Common Council, who
passed and adopted resolution 10-341 on December 30, 2010, to request
that the New York State Legislature enable them to implement a fee
increase. Accordingly, this bill will allow the city of Oneida to charge
up to the amount authorized by the Commissioner of Health as set in
section 4174 of the Public Health law.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

S3540A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3540--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 24, 2011
                                 ___________

  Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
    printed to be committed  to  the  Committee  on  Health  --  committee
    discharged  and  said  bill  committed  to the Committee on Finance --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted to said committee

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08969-03-1

 S. 3540--A                          2

  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
  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 ONEIDA. 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.