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New York State Law of 2003 Affects Prices of 

Vital Records Certificates

 

Webpage and Notes by Cliff Lamere    4 Jun 2003

 

 

 

There are various categories of vital records certificates mentioned in this law.  Previously they were priced at $5, $11 (genealogy) and $15.  These have been raised respectively to $30, $22 (genealogy) and $30.  

 

To go directly to the section on birth, marriage and death certificates used for genealogy, click HERE.  I am providing this link because the wording in the section prior to that one is somewhat confusing and might lead you to believe that it is about vital records certificates for genealogical use or research.

 

The price of vital records certificates rose in early August 2004.

 

Governor Pataki's budget for 2003 was not well received by the Legislature.  The Senate and Assembly (S. and A. below) agreed on their own bill, which was a revision of the governor's budget bill.  Although the governor vetoed the Legislature's bill, there were enough votes to override the veto.  The Legislature's version became law.  

 

Red text is old, deleted text of the previous law.  The new text substituted for it is in green Blue text shows the general topic of a paragraph (added by me).  The numbers at the left margin represent the line numbers of the law.

 

This webpage was constructed because the bill was extremely long and I was not able to view the section copied below from   http://www.senate.state.ny.us/   .  Another person had to send it to me.   It is also quite difficult to find the bill, S1406 B, on that website.

 

 

 

S. 1406--B                               pg 428                          A. 2106--B

 

4                                                    PART W2

5        Section 1. Subdivisions 6 and 7 of section 4139 of the public health
6        law, subdivision 6 as amended by chapter 61 of the laws of 1989 and
7       subdivision 7 as amended by chapter 103 of the laws of 1981, are amended
8        to read as follows:
9           6. The commissioner shall be entitled to a fee of [fifteen ] thirty
10      dollars for each certification, certified copy or certified transcript
11      of certificate of dissolution of marriage furnished [by him ].
12         7. For a search of the files where no such certification, certified
13      copy, or certified transcript is furnished, or for a certification that
14      a search discloses no record of a dissolution of marriage , the commis-
15      sioner shall be entitled to a fee of [five ] thirty dollars.
16         2. Subdivisions 2 and 3 of section 4174 of the public health law,
17      subdivision 2 as amended by chapter 61 of the laws of 1989 and subdivi-
18      sion 3 as amended by chapter 413 of the laws of 1991, are amended to
19      read as follows:
20         2. Each applicant for a certification of birth or death, certificate
21      of birth data or for a certified copy or certified transcript of a birth
22      or death certificate or certificate of birth data shall remit to the
23      commissioner with such application a fee of [fifteen ] thirty dollars in
24      payment for the search of the files and records and the furnishing of a
25      certification, certified copy or certified transcript if such record is
26      found or for a certification that a search discloses no record of a
27      birth or of a death.
28         3. For any search of the files and records conducted for authorized
29      genealogical or research purposes, the commissioner or any person
30      authorized by him shall be entitled to, and the applicant shall pay, a
31      fee of [ten ] twenty dollars for each hour or fractional part of an hour
32      of time of search, together with a fee of [one dollar ] two dollars for
33      each uncertified copy or abstract of such record requested by the appli-
34      cant or for a certification that a search discloses no record.
35         3. Section 4174 of the public health law is amended by adding a new
36      subdivision 9 to read as follows:
37         9. The commissioner may institute an additional fee of fifteen dollars
38      for priority handling for each certification, certified copy or certi-
39      fied transcript of certificates of birth, death, or dissolution of
40      marriage; or fifteen dollars for priority handling for each certif-
41      ication, certified copy or certified transcript of certificate of
42      marriage.
43         4. Section 4178 of the public health law is REPEALED.
44         5. Subdivision 3 of section 15 of the domestic relations law, as
45      amended by chapter 61 of the laws of 1989, is amended to read as
46      follows:
47         3. If it shall appear upon an application for a marriage license that
48      either party is under the age of sixteen years, the town or city clerk
49      shall require, in addition to any consents provided for in this section,
50      the written approval and consent of a justice of the supreme court or of
51      a judge of the family court, having jurisdiction over the town or city
52      in which the application is made, to be attached to or endorsed upon the
53      application, before the license is issued. The application for such
54      approval and consent shall be heard by the judge at chambers. All papers

S. 1406--B                     pg 429                        A. 2106--B

1        and records pertaining to any such application shall be sealed by him
2        and withheld from inspection, except by order of a court of competent
3        jurisdiction. Before issuing any licenses herein provided for, the town
4        or city clerk shall be entitled to a fee of [fifteen ] thirty dollars,
5        which sum shall be paid by the applicants before or at the time the
6        license is issued. Any town or city clerk who shall issue a license to
7        marry any persons one or both of whom shall not be at the time of the
8        marriage under such license legally competent to marry without first
9        requiring the parties to such marriage to make such affidavits and
10      statements or who shall not require the production of documentary proof
11      of age or the procuring of the approval and consents provided for by
12      this article, which shall show that the parties authorized by said
13      license to be married are legally competent to marry, shall be guilty of
14      a misdemeanor and on conviction thereof shall be fined in the sum of one
15      hundred dollars for each and every offense. On or before the fifteenth
16      day of each month, each town and city clerk, except in the city of New
17      York, shall transmit to the state commissioner of health [eleven ] twen-
18      ty-two dollars and [twenty-five ] fifty cents of the amount received for
19      each fee collected, which shall be paid into the [state treasury ] vital
20      records management account as provided by section [one hundred twenty-
21      one ] ninety-seven-cccc of the state finance law. In any city the balance
22      of all fees collected for the issuing of a marriage license, or for
23      solemnizing a marriage, so far as collected for services rendered by any
24      officer or employee of such city, shall be paid monthly into the city
25      treasury and may by ordinance be credited to any fund therein desig-
26      nated, and said ordinance, when duly enacted, shall have the force of
27      law in such city. Notwithstanding any other provisions of this article,
28      the clerk of any city with the approval of the governing body of such
29      city is hereby authorized to designate, in writing filed in the city
30      clerk's office, a deputy clerk, if any, and/or other city employees in
31      such office to receive applications for, examine applications, investi-
32      gate and issue marriage licenses in the absence or inability of the
33      clerk of said city to act, and said deputy and/or employees so desig-
34      nated are hereby vested with all the powers and duties of said city
35      clerk relative thereto. Such deputy and/or employees shall perform said
36      duties without additional compensation.
37         6. Section 20-a of the domestic relations law, as amended by chapter
38      103 of the laws of 1981, is amended to read as follows:
39         20-a. Certified transcripts of records; state commissioner of health
40      may furnish. The state commissioner of health or person authorized by
41      him shall, upon request, supply to any applicant a certified transcript
42      of any marriage registered under the provisions of this article, unless
43      he is satisfied that the same does not appear to be necessary or
44      required for judicial or other proper purposes. Any transcript of the
45      record of a marriage, when properly certified by the state commissioner
46      of health or person authorized to act for him, shall be prima facie
47      evidence in all courts and places of the facts therein stated. For any
48      search of the files and records conducted for authorized research
49      purposes, the state commissioner of health shall be entitled to a fee of
50      [five ] twenty dollars for each hour or fractional part of an hour of
51      time of search, together with a fee of [one dollar ] two dollars for each
52      uncertified copy or abstract of such marriage record requested by the
53      applicant, said fees to be paid by the applicant. Each applicant for a
54      certified transcript of a marriage record shall remit to the state
55      commissioner of health a fee of [five ] thirty dollars in payment for the
56      search of the files and records and the furnishing of a certified copy

S. 1406--B                         pg 430                           A. 2106--B

1        if such record is found or for a certification that a search discloses
2        no record of a marriage.
3           7. Subdivision 3 of section 20-b of the domestic relations law, as
4        amended by chapter 103 of the laws of 1981, is amended to read as
5        follows:
6           3. Each applicant for a certification of marriage shall remit to the
7        commissioner with such application a fee of [five ] thirty dollars in
8        payment for the search of the files and records and the furnishing of
9        such certification if a record thereof is found or for a certification
10      that a search discloses no record of a marriage.
11         8. The state finance law is amended by adding a new section 97-cccc
12      to read as follows:
13         97-cccc. Vital records management account. 1. There is hereby estab-
14      lished in the joint custody of the state comptroller and the commission-
15      er of taxation and finance an account of the miscellaneous special
16      revenue fund to be known as the vital records management account.
17         2. Notwithstanding any other law, rule or regulation to the contrary,
18      the state comptroller is hereby authorized and directed to receive for
19      deposit to the credit of the health department payments relating to the
20      responsibilities of the vital records management program, including fees
21      for certification, certified copy or certified transcripts of certif-
22      icates of birth, death, or dissolution of marriage; or for certif-
23      ication, certified copy or certified transcript of certificate of
24      marriage.
25         3. Moneys of this account, following appropriation by the legislature,
26      shall be available to the health department for services and expenses of
27      the vital records management program.
28         9. This act shall take effect immediately.


 

 

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