BILL NUMBER: S1646A

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
electronic permit applications and electronic recordkeeping

 
PURPOSE:

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 electronically.

 
SUMMARY OF PROVISIONS:

Section 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 allow-
              

ing 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.

Section 2. Amends Executive Law § 837(7) by adding language to clarify
that, in its function as a state clearinghouse for fingerprints and
other information related to criminal histories, the Division of Crimi-
nal Justice Services (DCJS) may deem the terms "criminal record", "crim-
inal history record", "fingerprints", "fingerprint cards", "photo-
graphs", "palmprints", "personal appearance data", "handwriting
samples", and "descriptive data" to include digital or electronic
images, impressions, representations or reproductions of such items.

Section 3. Effective date.

 
EXISTING LAW:

In 2000, the Legislature authorized the Department of State to substi-
tute 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.

 
JUSTIFICATION:


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 stream-
lining. Requiring a sworn oath or affirmation as part of a permit appli-
cation 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 flexi-
ble, 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 clarifi-
cation 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.

 
LEGISLATIVE HISTORY:

2015-16: S1975/A1129 - Passed Senate/Governmental Operations
2014: S3246/A2561 - Passed Senate/Codes Committee
2013: S3246/A2561 - Passed Senate/Governmental Operations Committee
2012: S4815/A7446 - Passed Senate/Governmental Operations Committee
2011: S4815/A7446 - Commerce, Economic Development & Small
Business/Gov't Ops

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.