Relates to the validity of birth certificates legally issued by the Commonwealth of Puerto Rico prior to July 1, 2010

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