senate Bill S3246

Relates to electronic permit applications and electronic recordkeeping

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 31 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 19 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 29 / May / 2013
    • 1ST REPORT CAL.793
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1236
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to electronic permit applications and electronic recordkeeping.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2561
Versions:
S3246
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
State Administrative Procedure Act
Laws Affected:
Add §402, St Ad Proc Act; amd §837, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S4815, A7446

Sponsor Memo

BILL NUMBER:S3246

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:

§ 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.

§ 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: 2011-12- S.4815 - Passed the Senate
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 axe 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
________________________________________________________________________

                                  3246

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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.
                                                           LBD05307-01-3

S. 3246                             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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.