S T A T E O F N E W Y O R K
________________________________________________________________________
8434
I N S E N A T E
July 9, 2010
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT in relation to the validity of birth certificates legally issued
by the Commonwealth of Puerto Rico prior to July 1, 2010
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. Any birth certificate legally issued by the Commonwealth
of Puerto Rico prior to July 1, 2010 and rendered invalid by the Common-
wealth on and after September 30, 2010 pursuant to Puerto Rico Act No.
191 of December 22, 2009, as amended, known as the "Act to Prohibit the
Retention, Keeping on Record, and Keeping under Custody of Certified
Copies of Birth Certificates by Public and Private Entities"; shall be
deemed to be valid for the purpose of: (a) proof of citizenship for
eligibility for programs pursuant to the public health law, the social
services law, or the elder law; or (b) proof of age for enrollment in
school pursuant to section 3218 of the education law. Validity under
this section shall last until September 30, 2011.
2. If the commissioner of health, the commissioner of the office of
temporary and disability assistance, or any other relevant state commis-
sioner or superintendent, determines that federal funds will not be
available if a birth certificate legally issued by the Commonwealth of
Puerto Rico prior to July 1, 2010 and rendered invalid by the Common-
wealth on and after September 30, 2010 pursuant to Puerto Rico Act No.
191 of December 22, 2009, as amended, is honored, the birth certificate
shall not be valid. In order to make a determination under this subdivi-
sion, the commissioner of health or the commissioner of the office of
temporary disability assistance, or any other relevant state commission-
er or superintendent, shall obtain written documentation from the appli-
cable federal agency that federal funds will be lost if this section is
enforced.
3. Nothing in this section shall prevent any state agency from taking
other actions to help ensure individuals with birth certificates legally
issued by the Commonwealth of Puerto Rico prior to July 1, 2010 and
rendered invalid by the Commonwealth on and after September 30, 2010
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17981-02-0
S. 8434 2
pursuant to Puerto Rico Act No. 191 of December 22, 2009, as amended,
receive all benefits and services that are offered by the state which
require the production of a valid birth certificate and for which they
are otherwise eligible.
S 2. This act shall take effect October 1, 2010; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after October 1, 2010.