senate Bill S3142

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1321
  • 12 / Jun / 2014
    • SUBSTITUTED BY A3549

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3549
Versions:
S3142
Legislative Cycle:
2013-2014
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง63, Civ Rts L
Versions Introduced in 2011-2012 Legislative Cycle:
S5398, A5720

Sponsor Memo

BILL NUMBER:S3142

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3142

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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  the

 EXPLANATION--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.

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