Assembly Bill A5667

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

    S. 3551--A                                            A. 5667--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 25, 2011
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Health --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. McENENY, CANESTRARI -- read once
  and referred to the Committee on Health -- reported  and  referred  to
  the Committee on Ways and Means -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09103-02-1
              

S. 3551--A                          2                         A. 5667--A

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
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.