senate Bill S5343

Signed by Governor

Creates an option for those submitting applications to submit an affirmation in lieu of an oath

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Sponsor

Bill Status


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

  • 10 / May / 2011
    • REFERRED TO HIGHER EDUCATION
  • 17 / May / 2011
    • 1ST REPORT CAL.748
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 06 / Mar / 2012
    • 1ST REPORT CAL.311
  • 07 / Mar / 2012
    • 2ND REPORT CAL.
  • 12 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 14 / Mar / 2012
    • PASSED SENATE
  • 14 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Mar / 2012
    • REFERRED TO CODES
  • 14 / Jun / 2012
    • SUBSTITUTED FOR A8321
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.184
  • 14 / Jun / 2012
    • PASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.306

Summary

Allows those submitting applications to the department of education under title eight of the education law to submit an affirmation in lieu of an oath.

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Bill Details

See Assembly Version of this Bill:
A8321
Versions:
S5343
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Add §6501-b, Ed L

Sponsor Memo

BILL NUMBER:S5343

TITLE OF BILL:

An act
to amend the education law, in relation to authorizing those submitting
applications to the education department pursuant to title eight of the
education law to submit an affirmation in lieu of oath

PURPOSE OF THE BILL:

To remove a barrier to the electronic filing of applications under
Title 8 of the Education Law by authorizing the use of affirmations
certifying that statements are true under penalty of perjury in lieu
of a statement sworn under oath, thereby making the filing of such
applications less burdensome and more efficient for both the
applicants and the education department.

SUMMARY OF PROVISIONS OF THE BILL:

Section 1 of this proposal would add a new section 6501-b to the
Education Law to provide that any application required under Title 8
of the Education Law to be filed with the Department may, in lieu of
being certified or sworn under oath, be subscribed by the applicant
and affirmed by the applicant as true under penalties of perjury.

Section 2 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

Under existing law, applications for professional licensure submitted
pursuant to Education Law §6501 must meet the requirements of General
Obligations Law §3-503, which requires applicants to certify in a
written statement under oath their personal status with regards to
certain child support conditions. Further, Education Law §6808,
relating to applications for the renewal of pharmacy registrations,
requires pharmacy owners to report under oath, facts requested by the
State Board of Pharmacy. State Technology Law §304 authorizes agency
use of electronic signatures, unless specifically provided otherwise
by law. The proposed amendments are necessary in order for the Office
of Professions to utilize electronic signatures to increase
efficiency while continuing to protect the public against
misrepresentations in applications for professional licenses and
pharmacy registrations.

An application for licensure or registration is sworn for the purpose
of impressing upon the oath giver the need for honesty. The
Department supports this intent. The use of an affirmation under
penalties of perjury performs the same function. Furthermore, the
Department is working toward an online application system. The use of
that system will significantly improve the efficiency and
effectiveness of the license application process, especially if the
applicants are able to sign their applications electronically.
Signatures submitted electronically are legally binding to the same
extent as handwritten signatures.


The substitution of an affirmation for an oath is not new to the law.
Civil Practice Law and Rules §2106, for example, provides for such
substitution for any statement filed in an action by an attorney,
physician, osteopath or dentist who is not a party to the action.
Additionally, the Department of State has been authorized to accept
affirmations in lieu of oaths for licenses or registrations filed
with that Department.

BUDGETARY IMPLICATIONS OF THE BILL:

The enactment of this proposal will result in savings to the Department.

PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

EFFECTIVE DATE:

Immediately.

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

                                  5343

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 10, 2011
                               ___________

Introduced by Sen. LAVALLE -- (at request of the State Education Depart-
  ment)  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  authorizing  those
  submitting  applications to the education department pursuant to title
  eight of the education law to submit an affirmation in lieu of oath

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

  Section 1. The education law is amended by adding a new section 6501-b
to read as follows:
  S  6501-B.  AFFIRMATION  OF  APPLICATIONS.  NOTWITHSTANDING  ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS TITLE
TO BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR SWORN
UNDER OATH, BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY THE APPLICANT
AS TRUE UNDER PENALTIES OF PERJURY.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11443-01-1

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