|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 30, 2012||referred to governmental operations|
delivered to assembly
|Mar 22, 2012||advanced to third reading|
|Mar 21, 2012||2nd report cal.|
|Mar 20, 2012||1st report cal.422|
|Jan 18, 2012||reported and committed to codes|
|Jan 04, 2012||referred to commerce, economic development and small business|
|Apr 27, 2011||referred to commerce, economic development and small business|
senate Bill S4815
Relates to electronic permit applications and electronic recordkeeping
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (9)
May 30, 2012 - floor VoteS4815581floor58Aye1Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: May 30, 2012aye (58)
Mar 20, 2012 - Codes committee VoteS4815141committee14Aye1Nay1Aye with Reservations0Absent0Excused0Abstained
Jan 18, 2012 - Commerce, Economic Development and Small Business committee VoteS4815110committee11Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S4815 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Add §402, St Ad Proc Act; amd §837, Exec L
S4815 - Bill Texts
Relates to electronic permit applications and electronic recordkeeping.
view sponsor memo
TITLE OF BILL:
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
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.
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.
view full 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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