S05145 Summary:

BILL NOS05145
 
SAME ASSAME AS A08307
 
SPONSORSKELOS
 
COSPNSR
 
MLTSPNSR
 
Amd SS4138-c & 4138-d, Pub Health L
 
Relates to the adoption registry; permits applications from persons born outside the state but adopted within the state.
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S05145 Actions:

BILL NOS05145
 
05/03/2011REFERRED TO HEALTH
06/02/20111ST REPORT CAL.975
06/06/20112ND REPORT CAL.
06/07/2011ADVANCED TO THIRD READING
06/13/2011PASSED SENATE
06/13/2011DELIVERED TO ASSEMBLY
06/13/2011referred to health
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO HEALTH
05/15/20121ST REPORT CAL.815
05/16/20122ND REPORT CAL.
05/21/2012ADVANCED TO THIRD READING
05/22/2012PASSED SENATE
05/22/2012DELIVERED TO ASSEMBLY
05/22/2012referred to health
06/14/2012substituted for a8307
06/14/2012ordered to third reading rules cal.156
06/14/2012passed assembly
06/14/2012returned to senate
09/21/2012DELIVERED TO GOVERNOR
10/03/2012SIGNED CHAP.480
10/03/2012APPROVAL MEMO.19
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S05145 Floor Votes:

DATE:06/14/2012Assembly Vote  YEA/NAY: 133/0
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
ER
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
ER
O'Donnell
ER
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
ER
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
ER
Hevesi
Yes
Maisel
Yes
Pretlow
ER
Smardz
Yes
Boyland
Yes
Cymbrowitz
ER
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
ER
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
ER
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
ER
Cahill
Yes
Friend
Yes
Kearns
ER
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
ER
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
ER
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S05145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5145
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       May 3, 2011
                                       ___________
 
        Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health  law,  in  relation  to  the  adoption
          registry
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 4138-c of the  public  health  law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a. For the purposes of this section, "adoptee" shall include:  those
     4  persons  born  in  this state, and those persons born in any other state
     5  within the United States or in the District of Columbia  whose  adoption
     6  occurred within this state.
     7    §  2. Subdivisions 2 and 4 of section 4138-c of the public health law,
     8  as amended by chapter 181 of the laws of 2010, are amended  to  read  as
     9  follows:
    10    2.    Upon application for registration by an adoptee not born in this
    11  state, or by a birth parent or sibling of such an adoptee,  the  depart-
    12  ment shall search the records of the department to determine whether the

    13  adoptee's  adoption occurred within this state. If the department deter-
    14  mines that the adoption occurred within this state,  it  shall  register
    15  the  applicant  if he or she is otherwise qualified and make appropriate
    16  notifications pursuant to subdivision four of this section. The registry
    17  shall accept, at any time, and maintain the verified registration trans-
    18  mitted by an agency pursuant to section forty-one hundred thirty-eight-d
    19  of this title, or of the birth parents of an adoptee [if  such  adoptee]
    20  who  was born in this state. The registry shall [not] neither accept nor
    21  maintain the registration of an adoptee sooner than eighteen years after
    22  the adoptee's birth, or in the case  of  registration  by  a  biological

    23  sibling of an adoptee, no sooner than the longer of eighteen years after
    24  the  biological  sibling's  birth  or eighteen years after the adoptee's
    25  birth[; provided, however, that any]. Any person whose registration  was
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11163-02-1

        S. 5145                             2
 
     1  accepted  may  withdraw  such  registration  prior to the release of any
     2  identifying information. The  adoptee  registrant,  and  the  biological
     3  sibling  registrant, shall include as part of the registration the iden-
     4  tification, including the name and address, of known biological siblings

     5  of the adoptee. The adoptee may upon registration, or any time thereaft-
     6  er,  elect  not  to have release of information by the authorized agency
     7  involved in such adoption. The department shall establish an  authorized
     8  agency  fee  schedule  for  search costs and registry costs and services
     9  provided by such agency in gathering and forwarding information pursuant
    10  to this section. The fee schedule may also include costs for disseminat-
    11  ing information about the registry and the adoption medical  information
    12  sub-registry  to  the public. Such publications or brochures may include
    13  information as to identifying and non-identifying  information,  how  to
    14  register  and fees charged to the registrants, and any other information
    15  deemed appropriate.
    16    4. Upon acceptance of a registration of an adoptee born in this state,

    17  or by a birth parent or  sibling  of  such  adoptee,  pursuant  to  this
    18  section,  the  department  shall search the records of the department to
    19  determine whether the adoptee's  adoption  occurred  within  [the]  this
    20  state.    Upon  completion  of  a search of the records pursuant to this
    21  subdivision or subdivision two of this section:
    22    (a) If the department determines that  the  adoption  occurred  within
    23  [the]  this  state,  it  shall  notify  the  court  wherein the adoption
    24  occurred to submit to the department non-identifying information as  may
    25  be  contained  in  the  records  of the court and the names of the birth
    26  parents of the adoptee.  Notwithstanding any other provision of  law  to
    27  the  contrary, the court shall thereupon transmit to the department non-

    28  identifying information as may be contained in the records of the court,
    29  and the names of the birth parents of the adoptee, provided that, if the
    30  court determines from its records that the adoption was from an  author-
    31  ized  agency, the court shall submit to the department only the name and
    32  address of such authorized agency and the names of the birth parents  of
    33  the  adoptee.  In  such  cases, unless the adoptee registrant shall have
    34  elected otherwise, the department shall  notify  the  authorized  agency
    35  whose  name was provided by the court to release promptly to the adoptee
    36  all non-identifying information  as  may  be  contained  in  the  agency
    37  records.   Such agency shall thereafter promptly release the non-identi-
    38  fying information to the adoptee registrant. If the  adoptee  registrant
    39  shall have elected not to have the information released to him or her by

    40  the  authorized  agency, the agency shall submit promptly to the depart-
    41  ment all non-identifying information as may be contained in  the  agency
    42  records.  In any case where the agency records are incomplete, no longer
    43  exist or are otherwise unavailable, the department shall so  notify  the
    44  court.  The  court  shall thereupon promptly submit such non-identifying
    45  information as may be contained in their records. If no authorized agen-
    46  cy was involved or if the adoptee registrant shall have elected  not  to
    47  have  release  of  information by the authorized agency involved in such
    48  adoption, the department shall release the  non-identifying  information
    49  to  the  adoptee  registrant. The department and/or an authorized agency
    50  may restrict the nature  of  the  non-identifying  information  released
    51  pursuant to this section upon a reasonable determination that disclosure

    52  of  such  non-identifying  information  would  not  be in the adoptee's,
    53  biological sibling's, or parent's best interest.
    54    (b) If the department determines that the adoption did not occur with-
    55  in the state, it shall notify the  adoptee  registrant  that  no  record
    56  exists of the adoption occurring within the state.

        S. 5145                             3
 
     1    §  3.  Subdivision  6-a of section 4138-c of the public health law, as
     2  added by chapter 612 of the laws of 1996, is amended to read as follows:
     3    6-a.  (a)  There  shall  be  established  in  the registry an adoption
     4  medical information sub-registry. Access to all identifying records  and
     5  information   in   the   sub-registry  shall  be  subject  to  the  same
     6  restrictions as the adoption information registry.
     7    (b) The department shall establish procedures by which a birth  parent

     8  may  provide  medical  information  to the sub-registry, and by which an
     9  adoptee aged eighteen years or older or the adoptive parents of an adop-
    10  tee who has not attained the age  of  eighteen  years  may  access  such
    11  medical information.
    12    (c)  A  birth parent may provide the adoption medical information sub-
    13  registry with certified  medical  information.  Such  certified  medical
    14  information  must  include  other  information  sufficient to locate the
    15  adoptee's birth record.
    16    (d) Upon receipt from the birth parent of certified  medical  informa-
    17  tion  and  other  information needed to identify the adopted person, the
    18  department shall determine if the adoptee was [born and] adopted in  New
    19  York state. If the adoptee was [born and] adopted in New York state, the
    20  department  shall register such information and determine if the adoptee

    21  or adoptive parent of the adoptee  is  registered.  Upon  such  determi-
    22  nation,  the department shall release the non-identifying medical infor-
    23  mation only to an adoptee, aged eighteen years  or  older,  or  adoptive
    24  parent of an adoptee who has not attained the age of eighteen years.
    25    (e)  Upon  receipt from an adoptee aged eighteen years or older or the
    26  parent of an adoptee of a registration, the department  shall  determine
    27  if  the adoptee was [born and] adopted in New York state. If the adoptee
    28  was [born and] adopted in New York state, the  department  shall  search
    29  its  records  for  medical  information  provided by the adoptee's birth
    30  parent.   If such medical information is  found,  the  department  shall
    31  release  the  non-identifying  medical  information only, to an adoptee,
    32  aged eighteen years or older, or adoptive parent of an adoptee  who  has

    33  not attained the age of eighteen years.
    34    (f)  The  department  shall  not  solicit  or request the provision of
    35  medical information from a birth parent or the registration by an  adop-
    36  tee or parent of an adoptee.
    37    (g)  A  fee  shall  not  be required from a birth parent for providing
    38  health information.
    39    § 4. Subdivision 2 of section 4138-d of  the  public  health  law,  as
    40  amended  by  chapter  435  of  the  laws  of 2008, is amended to read as
    41  follows:
    42    2. The agency shall accept, at any time,  and  maintain  the  verified
    43  registration of the birth parents of an adoptee. The agency shall accept
    44  and  maintain  the verified registration of an adoptee or of the biolog-
    45  ical sibling of an adoptee if such adoptee was born in  this  state,  or
    46  was born in any other state within the United States, or in the District

    47  of  Columbia,  and  his  or  her adoption occurred within this state, no
    48  sooner than eighteen years after the adoptee's birth or in the case of a
    49  biological sibling registrant, no sooner than  the  longer  of  eighteen
    50  years  after  the birth of the adoptee or eighteen years after the birth
    51  of the biological sibling;  provided  however,  that  any  person  whose
    52  registration  was  accepted  may withdraw such registration prior to the
    53  release of any identifying information.
    54    § 5. This act shall take effect immediately.
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