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.
