Assembly Bill A7446

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

                                  7446

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Governmental Operations

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
APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY

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

A. 7446                             2

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.