S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10677
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring a certi-
   fied copy or certified transcript of a  birth  record,  death  record,
   certificate  of marriage, or certificate of dissolution of marriage to
   be issued to the child, grandchild, or great-grandchild of a  deceased
   person upon request

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 4173 of the public health law,  as
 amended  by  section  30 of part L of chapter 56 of the laws of 2015, is
 amended to read as follows:
   2. A certified copy or certified transcript of a birth record shall be
 issued only upon order of a court of competent jurisdiction  or  upon  a
 specific  request  therefor  by  the person, if eighteen years of age or
 more, or by a parent or other lawful representative  of  the  person  to
 whom  the record of birth relates including an authorized representative
 of the office of children and family services or a local social services
 district if the person is in the care and custody or custody and guardi-
 anship of such entity.  A CERTIFIED COPY OR CERTIFIED  TRANSCRIPT  OF  A
 BIRTH  RECORD  OF A DECEASED PERSON SHALL BE ISSUED ONLY UPON ORDER OF A
 COURT OF COMPETENT JURISDICTION, OR UPON A SPECIFIC REQUEST THEREFOR  BY
 A  PARENT, LAWFUL REPRESENTATIVE, CHILD, GRANDCHILD, OR GREAT-GRANDCHILD
 OF SUCH DECEASED PERSON TO WHOM SUCH RECORD OF BIRTH RELATES.
   § 2. Paragraphs (a), (b) and (g) of subdivision 1 of section  4174  of
 the  public  health  law,  paragraph (a) as amended by chapter 15 of the
 laws of 2024, paragraph (b) as amended by section 31 of part L of  chap-
 ter  56 of the laws of 2015, and paragraph (g) as amended by chapter 396
 of the laws of 1989, are amended and a new paragraph  (h)  is  added  to
 read as follows:
   (a)  upon request, issue to any applicant either a certified copy or a
 certified transcript of the record of any  death  registered  under  the
 provisions  of  this chapter (1) when a documented medical need has been
 demonstrated, (2) when a documented need to establish a legal  right  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15992-01-4
 A. 10677                            2
 
 claim  has  been demonstrated, (3) when needed for medical or scientific
 research approved by the commissioner, (4) when needed  for  statistical
 or  epidemiological  purposes  approved  by  the  commissioner, (5) upon
 specific request by municipal, state or federal agencies for statistical
 or  official  purposes,  (6)  upon specific request of the agent charged
 with controlling disposition of  a  decedent's  remains,  as  designated
 pursuant  to  subdivision three of section four thousand two hundred one
 of this chapter, spouse, domestic partners as defined in  paragraph  (c)
 of  subdivision  one  of  section  four thousand two hundred one of this
 chapter, children, GRANDCHILDREN, GREAT-GRANDCHILDREN,  siblings,  or[,]
 parents of the deceased or the lawful representative of such persons, or
 (7)  pursuant  to  the  order  of a court of competent jurisdiction on a
 showing of necessity; except no certified copy or  certified  transcript
 of  a  death  record shall be subject to disclosure under article six of
 the public officers law;
   (b) issue certified copies or certified transcripts of  birth  certif-
 icates  only (1) upon order of a court of competent jurisdiction, or (2)
 upon specific request therefor by the person, if eighteen years  of  age
 or more, or by a parent or other lawful representative of the person, to
 whom the record of birth relates including authorized representatives of
 a local social services district if the person is in the care and custo-
 dy or custody and guardianship of such district, or (3) IN THE CASE OF A
 CERTIFIED  COPY  OR  CERTIFIED  TRANSCRIPT  OF  A BIRTH CERTIFICATE OF A
 DECEASED PERSON, UPON SPECIFIC REQUEST THEREFOR BY  A  PARENT  OR  OTHER
 LAWFUL  REPRESENTATIVE,  CHILD,  GRANDCHILD, OR GREAT-GRANDCHILD OF SUCH
 DECEASED PERSON TO WHOM SUCH  RECORD  OF  BIRTH  RELATES,  OR  (4)  upon
 specific  request  therefor  by  a  department of a state or the federal
 government of the United States;
   (g) upon request of a  board  of  elections,  issue  certification  of
 death[.];
   (H)  UPON  REQUEST  OF THE CHILD, GRANDCHILD, OR GREAT-GRANDCHILD OF A
 DECEASED PERSON, ISSUE A CERTIFIED COPY OR  CERTIFIED  TRANSCRIPT  OF  A
 CERTIFICATE OF MARRIAGE TO WHICH SUCH DECEASED PERSON WAS A PARTY.
   §  3. Section 4139 of the public health law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A. WHERE BOTH PARTIES TO A CERTIFICATE OF DISSOLUTION OF A  MARRIAGE
 ARE  DECEASED,  THE  COMMISSIONER  SHALL  ISSUE  SUCH  CERTIFICATE, UPON
 REQUEST, TO A CHILD, GRANDCHILD,  OR  GREAT-GRANDCHILD  OF  EITHER  SUCH
 PARTY.
   § 4. This act shall take effect immediately.