Bill S5398-2011

Limits the scope of information disclosed in a published notice of change of name

Limits the scope of information disclosed in a published notice of change of name.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • May 17, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S5398

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 OR GENERAL IDEA OF BILL: In response to the increasing number of identity theft-related crimes, the bill will amend the publication requirement to protect, against identity theft by limiting the amount of information that must be published for a name change order.

SUMMARY OF SPECIFIC PROVISIONS: The publication requirement, as required by Section 63 of the civil rights act, will be amended 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.

JUSTIFICATION: With the increased problems of identify theft, vital information can easily be used to create new stolen identities. Given that the name change publication requirements necessitate the publishing of the petitioner's full date of birth and actual home address, this further facilitates using the published information for purposes of identify theft. The name change publication requirement is outdated and unnecessary; this bill would require that only the petitioners month and year of birth as well as the city and state of the petitioner's address. By limiting the amount of information required for publication purposes, this will protect petitioners from possible identify theft which is a growing problem in the community.

PRIOR LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5398 2011-2012 Regular Sessions IN SENATE May 17, 2011 ___________
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 the
............ 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus