Requires the department of health to enter into a contract with an entity experienced in maintaining genealogical research databases for the digitalization and indexing of certain vital records.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8314A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to enter into a contract for the digitalization and
indexing of certain vital records
PURPOSE:
To modernize and improve public access to New York State's genealogical
vital records by requiring the Department of Health to partner with a
qualified entity to digitize and maintain an online database of such
records at no cost to the state.
SUMMARY OF PROVISIONS:
Section 1: Adds a new section 4180 to the Public Health Law. Adds defi-
nitions of "vital records index" and "qualified entity." States that DOH
shall enter into a contract no longer than 7 years in length with a
qualified entity to create and maintain an online genealogical research
database of images of New York state birth, marriage, dissolution of
marriage, and death certificates at no direct cost to the state, in
exchange for allowing the qualified entity to also provide such database
to its subscribers and customers.
Section 2: Amends Subdivision 3 of section 4174 of the Public Health
Law. This section grants the commissioner authority to determine how
certain genealogical records are released to qualified applicants. It
allows access to birth records that are at least 75 years old, and
marriage, divorce, or death records that are at least 50 years old.
Additionally, it permits access to any such records if the requester is
a lineal or collateral descendant.
Section 3: This section guarantees that the employment rights, benefits,
and protections of current public employees involved in work related to
the act will be fully preserved. It prohibits any job displacement,
reduction in hours, wages, or benefits, and ensures that existing
collective bargaining agreements and union relationships remain
unchanged.
Section 4: Sets effective date.
JUSTIFICATION:
New York State holds one of the richest repositories of historical
records in the country, including vital records such as birth, death,
marriage, and dissolution of marriage certificates. These records are
invaluable for genealogical research, historical documentation, family
history research, and personal legal matters. Yet for the thousands of
New Yorkers seeking access to these public documents, the process has
become unnecessarily burdensome and deeply frustrating.
The current system is not just outdated-it is fundamentally broken. As
of March 2025, the backlog of genealogical records requests had grown to
over 11,800, with many applicants waiting more than three years for a
response to their record request. Despite paying a $22 processing fee,
many individuals find themselves caught in a prolonged and opaque wait-
ing game. In contrast, other states routinely process similar requests
in a matter of weeks.
This legislation seeks to modernize the way these records are preserved
and accessed by requiring the Department of Health to partner with a
qualified entity to digitize and index these records, while allowing the
public to access them efficiently and without additional cost to the
state. By contracting with a qualified genealogical organization to
digitize and maintain an online database of New York's vital records,
the state Can ensure that these records are accessible, searchable, and
preserved, without adding cost to taxpayers. This will dramatically
shorten wait times, improve access for researchers and families alike,
and uphold the state's responsibility to deliver timely, reliable public
services.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8314--A
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. PAULIN, SAYEGH, REYES, BRABENEC -- read once and
referred to the Committee on Health -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring the
department of health to enter into a contract for the digitalization
and indexing of certain vital records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 4180 to read as follows:
3 § 4180. Vital records digitalization. 1. For the purposes of this
4 section, the term:
5 (a) "vital records index" or "index" shall mean a systematically
6 organized listing, compilation, or database derived from original vital
7 records maintained by the state local registrars, including but not
8 limited to vital records relating to birth, death, marriage, and dissol-
9 ution of marriage, which includes at a minimum, the names of any regis-
10 trants, the date and location of the event's registration, and any
11 assigned identifying reference numbers.
12 (b) "qualified entity" shall mean a natural person, firm, organiza-
13 tion, partnership, association, corporation, or any other entity experi-
14 enced in maintaining genealogical research databases.
15 2. The department shall enter into a contract which shall be no longer
16 than seven years in length with a qualified entity to create, maintain,
17 and update an online genealogical research database of images of New
18 York state birth, marriage, dissolution of marriage, and death certif-
19 icates at no direct cost to the state, in exchange for allowing the
20 qualified entity to also provide such database to its subscribers and
21 customers. Such online database shall be designed and constructed to
22 have the capability of allowing a vital records index of birth,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11667-06-5
A. 8314--A 2
1 marriage, dissolution of marriage, and death certificates to be linked
2 to a digital image of the underlying original birth, marriage, dissol-
3 ution of marriage, or death record once any such underlying record has
4 become public information under section forty-one hundred seventy-four
5 of this title, and the online genealogical research database shall be
6 designed to allow the department to create and activate such links to
7 digital images of the original records. Any social security numbers
8 appearing on such records shall be redacted from the digital images
9 provided to the public, which may include bulk redaction of social secu-
10 rity fields from the images via automated methods. Such indexes shall be
11 a public record and subject to the state freedom of information law
12 under article six of the public officers law.
13 § 2. Subdivision 3 of section 4174 of the public health law, as
14 amended by section 2 of part W-2 of chapter 62 of the laws of 2003, is
15 amended to read as follows:
16 3. (a) Notwithstanding any contrary provision of law, the commissioner
17 shall have the authority to determine the means and methods by which the
18 following genealogical records shall be released to an applicant meeting
19 the qualifications to receive the relevant record type as described in
20 this section or in article three of the domestic relations law: (1) a
21 record of birth that has been on file for at least seventy-five years;
22 (2) a record of marriage, dissolution of marriage, or death that has
23 been on file for at least fifty years; or (3) any record of birth,
24 marriage, dissolution of marriage, or death for which the requester is a
25 lineal or collateral descendant.
26 (b) For any search of the files and records conducted for authorized
27 genealogical or research purposes, the commissioner or any person
28 authorized by [him] the commissioner shall be entitled to, and the
29 applicant shall pay, a fee of twenty dollars for each hour or fractional
30 part of an hour of time of search, together with a fee of two dollars
31 for each uncertified copy or abstract of such record requested by the
32 applicant or for a certification that a search discloses no record.
33 § 3. (a) Notwithstanding any law, rule, or regulation to the contrary,
34 all rights or benefits, including terms and conditions of employment,
35 and protection of civil service and collective bargaining status of all
36 existing employees of any state or political subdivision thereof which
37 currently performs any work related to this act, or similar work, shall
38 be preserved and protected.
39 (b) Nothing in this act shall result in the: (1) displacement of any
40 currently employed worker or loss of position, including but not limited
41 to any partial displacement such as a reduction in the hours of non-ov-
42 ertime work, wages, or employment benefits, or result in the impairment
43 of existing collective bargaining agreements; or (2) transfer of any
44 job, duty or function not directly authorized by this act to the quali-
45 fied entity.
46 (c) Nothing contained in this act shall be construed to affect: (1)
47 the existing rights of employees pursuant to an existing collective
48 bargaining agreement; and (2) the existing representational relation-
49 ships among employee organizations or the bargaining relationships
50 between the employer and an employee organization.
51 § 4. This act shall take effect immediately.
