N.Y. Public Health Law § 4124: Vital statistics; registrars and subregistrars; compensation and expenses

§ 4124. Vital statistics; registrars and subregistrars; compensation

and expenses. 1. Except as otherwise provided, each registrar shall be

paid:

(a) the sum of fifty cents for each birth certificate properly and

completely made out, registered and promptly returned by him to the

commissioner as required by this article;

(b) the sum of fifty cents for each death certificate properly and

completely made out in accordance with the international classification

of diseases and returned and filed with the registrar, and correctly

recorded and promptly returned by him to the commissioner, as required

by this article;

(c) the sum of fifty cents for each burial, removal or transit permit

issued by him;

(d) the sum of fifty cents for each report of fetal death properly and

completely made out and filed with the registrar; and

(e) his actual and necessary expenses.

2. A village clerk, unless the charter of the village provides

otherwise, or a town clerk serving as registrar of vital statistics

shall be entitled to the fees provided in this section. If a city clerk,

town clerk or village clerk is appointed a registrar of vital

statistics, as authorized by section forty-one hundred twenty-one of

this article, all fees collected by such registrar in the discharge of

his duties shall be the property of the city, town or village and shall

be paid to the chief fiscal officer of such city, town or village,

provided, however, that an amount equivalent to the sum of such fees

shall be paid at least monthly by such chief fiscal officer to such city

clerk, town clerk or village clerk entitled to receive fees as a

registrar of vital statistics.

3. (a) In any city, town or village, the legislative body of the city,

town board or board of trustees may provide that the registrar be paid a

stipulated daily, monthly, or annual salary instead of the fees provided

for by this article.

(b) If a stipulated salary is fixed, all fees collected by the

registrar in the discharge of his duties shall be the property of the

city, town or village and shall be paid to the chief fiscal officer,

supervisor or the village treasurer, as the case may be.

(c) In any city, town or village where the compensation of the

registrar is fixed by the legislative body of the city, town board or

board of trustees at a stipulated salary, the provisions herein as to

the payment of fees or as to the certification by the commissioner shall

not apply.

(d) In any city, town or village, the registrar shall keep a true and

correct account of all fees received by him or her and report the amount

of such fees to the chief fiscal officer of such city, town or village

on an annual basis.

4. In any case where a local health officer is appointed as registrar

of vital statistics he shall serve as such registrar without additional

remuneration therefor.

5. In any case where a director or other person in charge of any state

hospital, charitable or penal institution is appointed or acts as

registrar of vital statistics of such registration district he shall

serve as such registrar without additional remuneration therefor.

6. All amounts payable to the local registrar under the provisions of

this article shall be paid by the municipality comprising the

registration district, upon certification by the commissioner.

7. Remuneration and expenses of the registrars of districts which have

been divided into two or more primary registration districts shall be

paid by the municipality comprising the original district.

8. (a) Remuneration and expenses of registrars of combined districts

shall be paid by the municipalities comprising such districts in

proportion as each would be required to compensate a separate registrar

for its own district, except that when such combined districts coincide

with a consolidated health district the remuneration and expenses of the

registrar shall be paid by the board of health of such consolidated

health district as provided by section three hundred ninety-nine of this

chapter.

(b) In any combined district, the governing boards of the

municipalities comprising such district; or in a combined district

coinciding with a consolidated health district, the board of health

thereof; or in a district divided into two or more primary registration

districts, the governing board of the municipality comprising the

original district, may provide that the registrar or registrars therein

be paid a stipulated daily, monthly or annual salary instead of fees

provided for by this article.

(c) If a salary is paid as provided in paragraph (b) of this section,

all fees collected by the registrar in the discharge of his duties shall

be the property of the municipality or municipalities involved and the

provisions herein requiring the payment of fees to the registrar or the

certification by the commissioner shall not apply.

9. The commissioner shall certify annually to the municipality the

number of births and deaths properly registered, with the name of the

local registrar and the amount due him at the rate fixed herein.

10. Except as otherwise provided, each subregistrar in counties

designated pursuant to this article as primary registration districts

shall be paid:

(a) the sum of fifty cents for each birth and death certificate

properly and completely made out and received, noted and forwarded to

the registrar of the district, as required by this article;

(b) the sum of fifty cents for each burial or removal permit issued by

him; and

(c) the sum of fifty cents for each report of fetal death properly and

completely made out and filed with the registrar.

11. (a) The board of supervisors of the county in which such primary

registration district is located may provide that the subregistrar be

paid a stipulated daily, monthly or annual salary instead of the fees

provided for by subdivision eleven of this section.

(b) The fees specified to be paid subregistrars under subdivision

eleven or, in lieu thereof, the salary provided for by the board of

supervisors of the county shall be paid by the county embracing such

primary registration district.