S T A T E O F N E W Y O R K
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S. 6614--A A. 9714--A
S E N A T E - A S S E M B L Y
January 19, 2010
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IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the state administrative procedure
act, in relation to requirements for permit applications; and to amend
the public officers law and the public authorities law, in relation to
meetings of public bodies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 97-b
to read as follows:
S 97-B. AFFIRMATION IN LIEU OF OATH ON PERMIT APPLICATIONS; SIGNATURE
REQUIREMENT FOR ELECTRONIC PERMIT APPLICATIONS. 1. DEFINITIONS:
(A) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD, BUREAU, COMMIS-
SION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR A
PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY, AT LEAST ONE OF WHOSE
MEMBERS IS APPOINTED BY THE GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES OR
TO MAKE FINAL DECISIONS IN ADJUDICATORY PROCEEDINGS BUT SHALL NOT
INCLUDE THE GOVERNOR, AGENCIES IN THE LEGISLATIVE AND JUDICIAL BRANCHES,
AGENCIES CREATED BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT, THE
DIVISION OF MILITARY AND NAVAL AFFAIRS TO THE EXTENT IT EXERCISES ITS
RESPONSIBILITY FOR MILITARY AND NAVAL AFFAIRS, THE DIVISION OF STATE
POLICE, THE IDENTIFICATION AND INTELLIGENCE UNIT OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE STATE INSURANCE FUND, THE UNEMPLOYMENT
INSURANCE APPEAL BOARD, THE STATE DIVISION OF PAROLE AND THE DEPARTMENT
OF CORRECTIONAL SERVICES;
(B) "APPLICANT" SHALL MEAN ANY PERSON WHO SUBMITS AN APPLICATION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12676-02-0
S. 6614--A 2 A. 9714--A
(C) "APPLICATION" SHALL MEAN A PAPER, FORM OR DOCUMENT PRODUCED BY OR
ON BEHALF OF A STATE AGENCY AND REQUIRED TO BE FILED BY A PERSON WITH A
STATE AGENCY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION FOR SUCH
STATE AGENCY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION TO DETER-
MINE WHETHER TO ISSUE, MODIFY OR RENEW A PERMIT, LICENSE, CERTIFICATE,
APPROVAL, REGISTRATION, 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 APPLICANT, BUT SHALL NOT INCLUDE BONDS OR OTHER FORMS OF
SECURITY REQUIRED TO BE SUBMITTED BY APPLICANTS, OR ANY INDIVIDUAL
LICENSES FOR PRACTICING A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE
EDUCATION LAW, FILINGS UNDER THE UNIFORM COMMERCIAL CODE, ROUTINE
LICENSES AND PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING LICENSES FOR
OPERATING A MOTOR VEHICLE AND AMATEUR SPORTING LICENSES, SUCH AS FOR
HUNTING AND FISHING, OR BUILDING PERMIT ISSUED BY A CITY, TOWN OR
VILLAGE.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STATE
AGENCY MAY, BY PROMULGATION OF REGULATIONS IN ACCORDANCE WITH THE STATE
ADMINISTRATIVE PROCEDURE ACT, PERMIT ANY APPLICATION TO BE FILED WITH
SUCH AGENCY, IN LIEU OF BEING ACKNOWLEDGED, VERIFIED, OR SWORN UNDER
OATH WHERE SUCH IS REQUIRED BY STATUTE, TO BE SUBSCRIBED BY THE APPLI-
CANT AND AFFIRMED BY HIM OR HER AS TRUE AND COMPLETE UNDER PENALTY OF
PERJURY.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STATE
AGENCY MAY, BY PROMULGATION OF REGULATIONS IN ACCORDANCE WITH THE STATE
ADMINISTRATIVE PROCEDURE ACT, PERMIT ANY APPLICATION TO BE SUBMITTED:
(A) BY ELECTRONIC MEANS, PROVIDED THAT A SIGNATURE IS REQUIRED THEREON
THAT MEETS 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; AND
(B) SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY HIM OR HER AS TRUE
UNDER PENALTY OF PERJURY, IN LIEU OF ANY REQUIREMENT THAT THE APPLICA-
TION BE ACKNOWLEDGED OR SWORN TO UNDER OATH.
S 2. Subdivision 6 of section 201-a of the state administrative proce-
dure act is renumbered subdivision 7 and a new subdivision 6 is added to
read as follows:
6. TO REDUCE PAPERWORK FOR AGENCIES, IN LIEU OF PREPARING A SEPARATE
STATEMENT, AN AGENCY MAY COMPLY WITH THE REQUIREMENTS OF THIS SECTION BY
INCLUDING WITHIN THE REGULATORY IMPACT STATEMENT PREPARED PURSUANT TO
SECTION TWO HUNDRED TWO-A OF THIS ARTICLE ALL OF THE ELEMENTS OF THE JOB
IMPACT STATEMENT.
S 3. Subparagraph (vii) of paragraph (f) of subdivision 1 of section
202 of the state administrative procedure act, as amended by chapter 171
of the laws of 1994, is amended to read as follows:
(vii) include a regulatory flexibility analysis [and], a rural area
flexibility analysis AND A JOB IMPACT STATEMENT prepared pursuant to
sections TWO HUNDRED ONE-A, two hundred two-b, and two hundred two-bb of
this [chapter] ARTICLE, provided, however, if an analysis exceeds two
thousand words, the notice shall include only a summary of such analysis
in less than two thousand words. AN AGENCY MAY DISPENSE WITH THE
REQUIREMENTS OF THIS SUBPARAGRAPH BY PREPARING A REGULATORY IMPACT
STATEMENT AS REFERENCED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH THAT
INCLUDES ALL OF THE ELEMENTS OF THE REGULATORY FLEXIBILITY ANALYSIS FOR
SMALL BUSINESSES AND LOCAL GOVERNMENTS, RURAL AREA FLEXIBILITY ANALYSIS
AND JOB IMPACT STATEMENT. PROVIDED, HOWEVER, WHEN AN AGENCY PREPARES A
S. 6614--A 3 A. 9714--A
COMBINED REGULATORY IMPACT STATEMENT AND SUCH STATEMENT EXCEEDS FOUR
THOUSAND WORDS, THE NOTICE SHALL INCLUDE ONLY A SUMMARY OF SUCH STATE-
MENT IN LESS THAN FOUR THOUSAND WORDS;
S 4. Paragraphs (a) and (b) of subdivision 4 of section 202-a of the
state administrative procedure act, as amended by chapter 698 of the
laws of 1984, are amended and a new paragraph (c) is added to read as
follows:
(a) Consider a series of closely related and simultaneously proposed
rules as one rule for the purpose of submitting a consolidated regulato-
ry impact statement; [and]
(b) Submit a consolidated regulatory impact statement for any series
of virtually identical rules proposed in the same year[.]; AND
(C) PREPARE A COMBINED REGULATORY IMPACT STATEMENT THAT INCLUDES ALL
OF THE ELEMENTS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE RELATED TO THE JOB IMPACT ANALYSIS,
SECTION TWO HUNDRED TWO-B OF THIS ARTICLE RELATED TO THE REGULATORY
FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND LOCAL GOVERNMENTS, AND
SECTION TWO HUNDRED TWO-BB OF THIS ARTICLE RELATED TO RURAL AREA FLEXI-
BILITY ANALYSIS.
S 5. Subdivision 4 of section 202-b of the state administrative proce-
dure act, as amended by chapter 17 of the laws of 1984, is amended to
read as follows:
4. In order to avoid duplicative action, an agency may (A) consider a
series of closely related rules as one rule for the purpose of complying
with subdivision two of this section; AND (B) IN LIEU OF PREPARING A
SEPARATE STATEMENT, INCLUDE WITHIN THE REGULATORY IMPACT STATEMENT,
PREPARED PURSUANT TO SECTION TWO HUNDRED TWO-A OF THIS ARTICLE, ALL OF
THE ELEMENTS OF THE REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES
AND LOCAL GOVERNMENTS.
S 6. Subdivision 5 of section 202-bb of the state administrative
procedure act, as added by chapter 171 of the laws of 1994, is amended
to read as follows:
5. In order to avoid duplicative action, an agency may (A) consider a
series of closely related rules as one rule for the purpose of complying
with subdivision three of this section; AND (B) IN LIEU OF PREPARING A
SEPARATE STATEMENT, INCLUDE WITHIN THE REGULATORY IMPACT STATEMENT,
PREPARED PURSUANT TO SECTION TWO HUNDRED TWO-A OF THIS ARTICLE, ALL OF
THE ELEMENTS OF THE RURAL AREA FLEXIBILITY ANALYSIS.
S 7. 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 8. The public officers law is amended by adding a new section 108-a
to read as follows:
S 108-A. ATTENDANCE AT MEETINGS BY PUBLIC BODIES. PARTICIPATION AT A
MEETING OF A PUBLIC BODY, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY
S. 6614--A 4 A. 9714--A
STATE AGENCIES OR THE GOVERNOR MAY TAKE PLACE BY CONFERENCE TELEPHONE OR
OTHER SIMILAR COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPAT-
ING IN THE MEETING TO HEAR EACH OTHER AT THE SAME TIME, PROVIDED THAT:
(A) SUCH PARTICIPATION IS PERMITTED BY A VOTE OF A MAJORITY OF THE
MEMBERS OF SUCH PUBLIC BODY;
(B) THE MEETING OTHERWISE COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS
ARTICLE;
(C) EITHER (1) PARTICIPATION BY MEANS OF A MEMBER'S PHYSICAL PRESENCE
AT A MEETING CANNOT REASONABLY OCCUR DUE TO INCLEMENT WEATHER, MEDICAL
CONDITION OR DISABILITY, OR LACK OF AVAILABILITY OF VIDEOCONFERENCING
CAPABILITY; OR (2) THE MEMBER RESIDES FIFTY OR MORE MILES AWAY, OR SUCH
DISTANCE AS WILL REQUIRE OVER ONE HOUR OF TRAVEL, AND THE PUBLIC BODY
PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT
ANY SITE AT WHICH A MEMBER PARTICIPATES; AND
(D) THE MEMBER PARTICIPATING BY PHONE IS CLEARLY AUDIBLE TO THOSE IN
ATTENDANCE AT A MEETING AND IDENTIFIES HIMSELF OR HERSELF BEFORE SPEAK-
ING.
S 9. The public authorities law is amended by adding a new section
2829 to read as follows:
S 2829. ATTENDANCE AT MEETINGS BY PUBLIC BODIES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ANY ONE OR MORE DIRECTORS OR
BOARD MEMBERS OF ANY STATE AUTHORITY MAY PARTICIPATE IN ANY MEETING BY
MEANS OF A CONFERENCE TELEPHONE OR SIMILAR COMMUNICATIONS EQUIPMENT
ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO HEAR EACH OTHER AT
THE SAME TIME PROVIDED THAT: (A) THE MEETING OTHERWISE COMPLIES WITH
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW (OPEN MEETINGS LAW);
(B) EITHER (1) PARTICIPATION BY MEANS OF A MEMBER'S PHYSICAL PRESENCE
AT A MEETING CANNOT REASONABLY OCCUR DUE TO INCLEMENT WEATHER, MEDIAL
CONDITION OR DISABILITY, OR LACK OF AVAILABILITY OF VIDEOCONFERENCING
CAPABILITY; OR (2) THE MEMBER RESIDES FIFTY OR MILES AWAY, OR SUCH
DISTANCE AS WILL REQUIRE OVER ONE HOUR OF TRAVEL AND THE PUBLIC BODY
PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT
ANY SITE AT WHICH A MEMBER PARTICIPATES; AND
(C) THE MEMBER PARTICIPATING BY PHONE IS CLEARLY AUDIBLE TO THOSE IN
ATTENDANCE AT A MEETING AND IDENTIFIES HIMSELF OR HERSELF BEFORE SPEAK-
ING. PARTICIPATION BY SUCH MEANS SHALL CONSTITUTE PRESENCE IN PERSON AT
A MEETING.
S 10. This act shall take effect immediately.