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A08214 Summary:

BILL NOA08214
 
SAME ASNo Same As
 
SPONSORSayegh
 
COSPNSR
 
MLTSPNSR
 
Amd §§4173, 4174 & 4139, Pub Health L; amd §20-a, Dom Rel L
 
Provides for a window of eighteen months for people to receive birth, death, marriage, and dissolution of marriage records without paying a fee.
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A08214 Actions:

BILL NOA08214
 
05/05/2025referred to health
01/07/2026referred to health
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A08214 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8214
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2025
                                       ___________
 
        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law and the domestic relations law, in
          relation  to  providing  for a window of eighteen months for people to
          receive certain vital records without paying a fee; and providing  for
          the repeal of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited  as  the  "Protect
     2  Our Vote Act" or the "POV Act".
     3    §  2.  Subdivision  3  of  section  4173  of the public health law, as
     4  amended by chapter 288 of the laws  of  2020,  is  amended  to  read  as
     5  follows:
     6    3. [(a) Except as otherwise provided in paragraph (b) of this subdivi-
     7  sion,  the  registrar shall be entitled to a fee of ten dollars for each
     8  certification of birth or death or for each certified copy or  certified
     9  transcript of any record of a birth or of a death or for a certification
    10  that a search discloses no record of a birth or of a death, furnished by
    11  him  to  an applicant, except that no fee shall be charged for a search,
    12  certification of birth or death or certified  copy  or  certified  tran-
    13  script  of  a  birth  or  a death record to be used for school entrance,
    14  employment certificate or for purposes of public  relief  or  government
    15  compensation  or when required by the veterans administration to be used
    16  in determining the eligibility of any person to participate in the bene-
    17  fits made available by the veterans administration,  provided,  however,
    18  that  if such registrar is a city clerk, town clerk or village clerk, he
    19  shall collect such fees for and on behalf of the city, town  or  village
    20  in  which he serves, provided, however, that an amount equivalent to the
    21  sum of such fees shall be paid at least monthly by such  city,  town  or
    22  village  to  such  city  clerk,  town clerk or village clerk entitled to
    23  receive fees as a registrar of vital statistics.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11790-01-5

        A. 8214                             2

     1    (b) Notwithstanding paragraph (a) of this subdivision, in the  follow-
     2  ing  county  jurisdictions  the  fee  shall  be set by the county health
     3  commissioner: Chemung, Monroe, Onondaga, Tompkins; and in the  following
     4  local  jurisdictions the fee shall be set by the local legislative body:
     5  city  of  Oswego,  city  of Albany, city of Jamestown. In such jurisdic-
     6  tions, the fee may be set up to the amount charged by  the  commissioner
     7  as  prescribed  in subdivision two of section forty-one hundred seventy-
     8  four of this title.] The registrar shall not be entitled to any fee  for
     9  any  certification of birth or death or for any certified copy or certi-
    10  fied transcript of any record of a birth  or  of  a  death  or  for  any
    11  certification  that  a  search  discloses  no  record of a birth or of a
    12  death, furnished by the registrar to an applicant.
    13    § 3. Subdivision 2 of section  4174  of  the  public  health  law,  as
    14  amended  by  section  2 of part W2 of chapter 62 of the laws of 2003, is
    15  amended to read as follows:
    16    2. Each applicant for a certification of birth or  death,  certificate
    17  of birth data or for a certified copy or certified transcript of a birth
    18  or  death certificate or certificate of birth data shall not be required
    19  to remit to the commissioner with such application [a] any fee [of thir-
    20  ty dollars in payment for the search of the files and  records  and  the
    21  furnishing of a certification, certified copy or certified transcript if
    22  such  record  is found or for a certification that a search discloses no
    23  record of a birth or of a death].
    24    § 4. Subdivisions 6 and 7 of section 4139 of the public health law, as
    25  amended by section 1 of part W2 of chapter 62 of the laws of  2003,  are
    26  amended to read as follows:
    27    6.  The  commissioner  shall not be entitled to [a] any fee [of thirty
    28  dollars] for each certification, certified copy or certified  transcript
    29  of certificate of dissolution of marriage furnished.
    30    7.  For  a  search of the files where no such certification, certified
    31  copy, or certified transcript is furnished, or for a certification  that
    32  a  search  discloses no record of a dissolution of marriage, the commis-
    33  sioner shall not be entitled to [a] any fee [of thirty dollars].
    34    § 5. Section 20-a of the domestic relations law, as amended by section
    35  6 of part W2 of chapter 62 of the laws of 2003, is amended  to  read  as
    36  follows:
    37    § 20-a. Certified transcripts of records; state commissioner of health
    38  may  furnish.  The  state commissioner of health or person authorized by
    39  [him] them shall, upon request, supply  to  any  applicant  a  certified
    40  transcript of any marriage registered under the provisions of this arti-
    41  cle,  unless [he is] they are satisfied that the same does not appear to
    42  be necessary or required for judicial  or  other  proper  purposes.  Any
    43  transcript  of  the record of a marriage, when properly certified by the
    44  state commissioner of health or person authorized to act for [him] them,
    45  shall be prima facie evidence in all courts  and  places  of  the  facts
    46  therein  stated.  For  any search of the files and records conducted for
    47  authorized research purposes, the state commissioner of health shall not
    48  be entitled to [a] any fee [of twenty dollars for  each  hour  or  frac-
    49  tional  part  of  an  hour of time of search, together with a fee of two
    50  dollars] for time spent  searching  or  for  each  uncertified  copy  or
    51  abstract  of such marriage record requested by the applicant[, said fees
    52  to be paid by the applicant]. [Each] No applicant for a certified  tran-
    53  script  of  a  marriage  record shall remit to the state commissioner of
    54  health [a] any fee [of thirty dollars in payment] for the search of  the
    55  files  and records and the furnishing of a certified copy if such record

        A. 8214                             3
 
     1  is found or for a certification that a search discloses no record  of  a
     2  marriage.
     3    §  6.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law and shall  expire  and  be  deemed  repealed  eighteen
     5  months after such effective date.
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