Assembly Bill A3660A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3660
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 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:
   § 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.
              

                                                            LBD01841-01-7

 A. 3660                             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.
   § 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;
   § 3. This act shall take effect immediately.