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

                                  5215

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred 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.
                                                           LBD08342-01-3

              

A. 5215                             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 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.