|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 01, 2012||signed chap.306|
|Jul 20, 2012||delivered to governor|
|Jun 14, 2012||returned to senate|
ordered to third reading rules cal.184
substituted for a8321
|Mar 14, 2012||referred to codes|
delivered to assembly
|Mar 12, 2012||advanced to third reading|
|Mar 07, 2012||2nd report cal.|
|Mar 06, 2012||1st report cal.311|
|Jan 04, 2012||referred to higher education|
returned to senate
died in assembly
|Jun 15, 2011||referred to higher education|
delivered to assembly
|May 23, 2011||advanced to third reading|
|May 18, 2011||2nd report cal.|
|May 17, 2011||1st report cal.748|
|May 10, 2011||referred to higher education|
senate Bill S5343Signed By Governor
Creates an option for those submitting applications to submit an affirmation in lieu of an oath
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (22)
Mar 14, 2012 - floor VoteS5343590floor59Aye0Nay0Absent2Excused0Abstained
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Floor Vote: Mar 14, 2012aye (59)
Mar 6, 2012 - Higher Education committee VoteS5343170committee17Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
Jun 15, 2011 - floor VoteS5343620floor62Aye0Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 15, 2011aye (62)
May 17, 2011 - Higher Education committee VoteS5343170committee17Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S5343 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Education Law
- Laws Affected:
- Add §6501-b, Ed L
S5343 - Bill Texts
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.
view sponsor memo
TITLE OF BILL:
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
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.
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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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