senate Bill S4815

Relates to electronic permit applications and electronic recordkeeping

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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

  • 27 / Apr / 2011
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jan / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 18 / Jan / 2012
    • REPORTED AND COMMITTED TO CODES
  • 20 / Mar / 2012
    • 1ST REPORT CAL.422
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Relates to electronic permit applications and electronic recordkeeping.

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Bill Details

See Assembly Version of this Bill:
A7446
Versions:
S4815
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
State Administrative Procedure Act
Laws Affected:
Add §402, St Ad Proc Act; amd §837, Exec L

Sponsor Memo

BILL NUMBER:S4815

TITLE OF BILL:

An act
to amend the state administrative procedure act and the executive law, in
relation to electronic permit applications and electronic recordkeeping

PURPOSE OR GENERAL IDEA OF BILL:

This bill would reduce unnecessary barriers to electronic filing of
applications for business permits with state agencies by allowing
agency regulations to substitute an affirmation under penalty of
perjury for a required sworn acknowledgement or oath, and allowing
fingerprints and other criminal history information to be submitted
electronically.

SUMMARY OF PROVISIONS:

Bill §1 adds a new §402 to the State Administrative Procedure Act to
provide for electronic filing of applications for certain business
permits. Subdivision 1 authorizes an agency to adopt regulations
allowing an application for a business permit or other license to be
filed that is subscribed and affirmed by the applicant as true under
penalty of perjury, where statute would otherwise require that such
signature be acknowledged, verified or sworn under oath. Subdivision
2 authorizes an agency to promulgate regulations allowing an
application for a business permit to be submitted electronically,
provided that all electronic signatures and records meet the
standards of the State Technology Law. Subdivision 3 provides that
the section applies to applications for licenses, permits and similar
approvals which are required for business undertakings, projects or
activities, but shall not include bonds or other forms of security
required to be submitted by applicants, any individual licenses for
practicing a profession prescribed in Title 8 of the Education Law,
filings under the Uniform Commercial Code, or for routine licenses
and permits for individual privileges, including licenses for
operating a motor vehicle.

Bill §2 amends Executive Law §837(7) by adding language to clarify
that provide that, in its function as a state clearinghouse for
fingerprints and other information related to criminal histories, the
Division of Criminal Justice Services (DCJS) may deem the terms
"criminal record", "criminal history record", "fingerprints",
"fingerprint cards", "photographs", "palmprints", "personal
appearance data", "handwriting samples", and "descriptive data"
to include digital or electronic images, impressions, representations
or reproductions of such items.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

In 2000, the Legislature authorized the Department of State to
substitute an affirmation under penalty of perjury for a sworn oath
or acknowledgment in its licensing programs (Executive Law §97-a).
Other agencies still operate under provisions of law that in many
cases unnecessarily require sworn oaths or acknowledgements.


JUSTIFICATION:

New York State must continue its efforts to improve the business
climate and allow the use of technology to reduce the costs of
government and improve efficiency. This requires rethinking statutory
requirements to ensure that 20th - or sometimes 19th - century laws
are not creating barriers to job creation, agency coordination and
administrative streamlining. Requiring a sworn oath or affirmation as
part of a permit application may preclude electronic submission or
web-based forms. This bill would allow licensing agencies to use
their best judgment and, after soliciting public input, adopt
regulations allowing for the more flexible but equally effective
approach of requiring an applicant to affirm the truth of statements
in an application under penalty of perjury.

The experience of the Department of State since it changed from oaths
to affirmations a decade ago has been positive. Not only was the
agency able to reduce its processing times and costs by no longer
having to return improperly verified applications, but it estimates
that the change saved businesses hundreds of thousands of dollars.

The clarification allowing processing of digital information related
to criminal history by DCJS will ensure that electronic
fingerprinting and other emerging technological tools can be used as
appropriate in the permit application process.

PRIOR LEGISLATIVE HISTORY:

New bill - similar legislation was introduced as an Article VII bill
in 2010 (A.9714/S.6614) but was not enacted.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

State agencies that use the provisions of this bill are expected to
replicate the experience of the Department of State and reduce their
costs and workloads.

EFFECTIVE DATE:

Immediately.

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

                                  4815

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN ACT to amend the state administrative procedure act and the executive
  law,  in  relation  to  electronic  permit applications and electronic
  recordkeeping

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state administrative procedure act is amended by adding
a new section 402 to read as follows:
  S 402. ELECTRONIC FILING OF APPLICATIONS FOR CERTAIN BUSINESS PERMITS.
1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A STATE AGENCY
MAY, BY PROMULGATION OF REGULATIONS, PERMIT AN APPLICATION FOR  A  BUSI-
NESS  PERMIT  OR OTHER LICENSE SUBJECT TO THE PROVISIONS OF THIS SECTION
TO BE FILED WITH SUCH AGENCY, SUBSCRIBED AND AFFIRMED BY  THE  APPLICANT
AS  TRUE  UNDER PENALTY OF PERJURY WHERE STATUTE OTHERWISE REQUIRES THAT
SUCH SIGNATURE BE ACKNOWLEDGED, VERIFIED OR SWORN UNDER OATH.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A STATE AGEN-
CY MAY, BY PROMULGATION OF REGULATIONS, PERMIT  ANY  APPLICATION  FOR  A
BUSINESS  PERMIT  OR  OTHER  LICENSE  SUBJECT  TO THE PROVISIONS OF THIS
SECTION TO BE SUBMITTED TO SUCH AGENCY  BY  ELECTRONIC  MEANS,  PROVIDED
THAT  ANY  SIGNATURE  REQUIRED  THEREON  SHALL  MEET THE REQUIREMENTS OF
SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE  STATE  TECHNOLOGY
LAW,  AND  THE  USE OF ELECTRONIC RECORDS SHALL MEET THE REQUIREMENTS OF
SUBDIVISION ONE OF SECTION THREE HUNDRED FIVE OF  THE  STATE  TECHNOLOGY
LAW.
  3.  THIS SECTION SHALL APPLY TO APPLICATIONS FOR THE ISSUANCE, MODIFI-
CATION OR RENEWAL OF ANY PERMIT, LICENSE, CERTIFICATE, APPROVAL,  REGIS-
TRATION, CHARTER, OR SIMILAR FORM OF PERMISSION OR AUTHORITY REQUIRED BY
LAW,  OR BY STATE AGENCY RULES HAVING THE FORCE AND EFFECT OF LAW, WHICH
IS REQUIRED FOR A BUSINESS  UNDERTAKING,  PROJECT  OR  ACTIVITY  FOR  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10872-01-1

S. 4815                             2

APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY
REQUIRED TO BE SUBMITTED BY  APPLICANTS,  ANY  INDIVIDUAL  LICENSES  FOR
PRACTICING  A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW,
FILINGS  UNDER  THE  UNIFORM  COMMERCIAL  CODE,  OR ROUTINE LICENSES AND
PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING LICENSES  FOR  OPERATING  A
MOTOR VEHICLE.
  S  2.  Subdivision  7 of section 837 of the executive law, as added by
chapter 399 of the laws of 1972 and such section as renumbered by  chap-
ter 603 of the laws of 1973, is amended to read as follows:
  7.  Receive,  process  and  file  fingerprints,  photographs and other
descriptive data for the purpose of establishing identity  and  previous
criminal  record.  WHENEVER ANY PROVISION OF LAW REQUIRES OR PERMITS THE
SUBMISSION, TRANSMISSION, FORWARDING, RETENTION, RETURN  OR  DESTRUCTION
THEREOF,  THE TERMS "CRIMINAL RECORD", "CRIMINAL HISTORY RECORD", "FING-
ERPRINTS", "FINGERPRINT CARDS", "PHOTOGRAPHS",  "PALMPRINTS",  "PERSONAL
APPEARANCE  DATA",  "HANDWRITING  SAMPLES", AND "DESCRIPTIVE DATA" SHALL
MEAN AND INCLUDE DIGITAL OR ELECTRONIC IMAGES, IMPRESSIONS,  REPRESENTA-
TIONS OR REPRODUCTIONS OF SUCH CRIMINAL RECORD, CRIMINAL HISTORY RECORD,
FINGERPRINTS,   FINGERPRINT  CARDS,  PHOTOGRAPHS,  PALMPRINTS,  PERSONAL
APPEARANCE DATA, HANDWRITING SAMPLES AND DESCRIPTIVE DATA;
  S 3. This act shall take effect immediately.

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