Senate Bill S8434

                                BILL NUMBER:S8434

TITLE OF BILL:

An act in relation to the validity of birth certificates legally
issued by the Commonwealth of Puerto Rico prior to July 1, 2010

PURPOSE:

To ensure eligibility for services of individuals with birth
certificates affected by Puerto Rico Act No. 191 of December 22, 2009,
as amended.

SUMMARY OF PROVISIONS:

Section one relates to the rendering of all birth certificates legally
issued by the Commonwealth of Puerto Rico prior to July 1, 2010,
invalid as of September 30, 2010 pursuant to Puerto Rico Act No. 191
of December 22, 2009, as amended.

Subdivision one deems valid all birth certificates issued by the
Commonwealth of Puerto Rico prior to July 1, 2010, and rendered
invalid by the Commonwealth after September 30, 2010, for the purposes
of (a) proof of citizenship for eligibility to certain programs under
the public health, social services and elder laws; or (b) proof of age
for enrollment in school. Certificates rendered invalid by Puerto Rico
              

shall be deemed valid by New York State for the enumerated purposes
until September 30, 2011.

Subdivision two provides that if continuing to honor birth
certificates rendered invalid by the Commonwealth of Puerto Rico,
under subdivision one would adversely affect the continued receipt of
Federal funds, such certificates will be deemed invalid. Also requires
that any information regarding the potential impact on Federal funding
be obtained in writing from the Federal government.

Subdivision three allows any state agency to take any other action it
deems necessary to help ensure access to the benefits and services of
individuals who would be otherwise eligible if their birth
certificates issued by the Commonwealth of Puerto Rico and affected by
Puerto Rico Act No. 191 of December 22, 2009, as amended, were valid.

Section two provides that the act shall take effect on October 1,
2010.

JUSTIFICATION:

In response to growing cases of identity theft and fraud cases
involving certified copies of Puerto Rican birth certificates, the
Commonwealth of Puerto Rico enacted Law 191 of December 22, 2009, as
amended, to begin the process of re-issuing new, more secure birth
certificates beginning on July 1, 2010. However, the law, as amended,
to re-issue more secure birth certificates also renders all birth
certificates issued by the Commonwealth of Puerto Rico prior to July
1, 2010 invalid on and after September 30, 2010. There are an


estimated 200,000 Puerto Ricans living in New York City and many
thousands more statewide who will be affected.

In the State, birth certificates are part of the required
documentation for many public benefits programs including, but not
limited to, public health insurance, food stamps, WIC and cash
assistance. In addition, birth certificates are also required for
other many other essential activities such as enrolling in school.

The Commonwealth of Puerto Rico extended the effective date of Law 191
of December 22, 2009, as amended, to September 30, 2010 to provide
those born in Puerto Rico, who may need a birth certificate for an
upcoming transaction, an extra three-month window to apply for an
receive their new documentation during which time their current birth
certificate will still be valid. However, with over five million
individuals born in Puerto Rico being affected, this bill would extend
the grace period to ensure New Yorkers with Puerto Rican birth
certificates are not disproportionally harmed by any unanticipated
administrative delays. This additional grace period is subject to
confirmation that continuing to honor birth certificates issued by the
Commonwealth prior to July 1, 2010 and affected by the law, does not
jeopardize the continued receipt of Federal funds.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None anticipated.

EFFECTIVE DATE:

October 1, 2010