Limits the scope of information disclosed in a published notice of change of name.
TITLE OF BILL: An act to amend the civil rights law, in relation to limiting the scope of information disclosed in a published notice of change of name
PURPOSE: The purpose of this bill is to provide greater protection from identity theft to New Yorkers who legally change their name.
SUMMARY OF PROVISIONS:
Section 1 amends section 63 of the Civil Rights Law to require only the publication of the petitioner's month and year of the date of birth and the city and state of the petitioner's present address.
Section 2 establishes the effective date.
EXISTING LAW: Current law requires the newspaper publication of the full date of birth and home address a petitioner.
JUSTIFICATION: The current procedure for obtaining a name change, which requires the publication of the petitioner's full date of birth and actual home address, creates undue risks of identity theft on the part of the petitioner. This publication requirement forces the petitioners for a name change to reveal more information to the public than is necessary to apprise any interested persons of the name change. Under the changes proposed by this bill, the public will have still have access to name change petitioners' city and state of residence, as well as the month and year of the petitioner's date of birth. Limiting the amount of information required for publication purposes in this manner will protect petitioners from the growing problem of identity theft, while preserving the public's right to access information about those obtaining a name change.
LEGISLATIVE HISTORY: S.5398 of 2012 -Referred to Codes both years
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3142 2013-2014 Regular Sessions IN SENATE January 30, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to limiting the scope of information disclosed in a published notice of change of name THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 63 of the civil rights law, as amended by chapter 258 of the laws of 2006, is amended to read as follows: S 63. Order. If the court to which the petition is presented is satis- fied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, the court shall make an order authorizing the petitioner to assume the name proposed. The order shall further recite the date and place of birth of the applicant and, if the applicant was born in the state of New York, such order shall set forth the number of his birth certificate or that no birth certificate is available. The order shall be directed to be entered and the papers on which it was granted to be filed prior to the publication hereinafter directed in the clerk's office of the county in which the petitioner resides if he be an individual, or in the office of the clerk of the civil court of the city of New York if the order be made by that court. Such order shall also direct the publication, at least once, within sixty days after the making of the order, in a designated newspaper in the county in which the order is directed to be entered and if the petition is made by a person subject to the provisions of subdivision two of section sixty-two of this article, in a designated newspaper in any county wherein such person was convicted if different from the county in which the order is otherwise directed to be entered, of a notice in substantially the following form: Notice is hereby given that an order entered by theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03017-01-3 S. 3142 2
............ court,............ county, on the ...... day of......., bearing Index Number..........., a copy of which may be examined at the office of the clerk, located at ................., in room number......., grants me the right to assume the name of ...................
[My]THE CITY AND STATE OF MY present address [is]ARE .........................; the [date]MONTH AND YEAR of my birth [is]ARE ................; the place of my birth is ....................; my present name is ................................. S 2. This act shall take effect immediately.