New York State Law of 2003 Affects Prices of
Vital Records Certificates
Webpage and Notes by Cliff Lamere 4 Jun 2003
Below you will find a portion of the 2003 law which affects vital records certificates. 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 (below), 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 2003.
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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