BILL NUMBER: S9032

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to use of
an affirmation of truth of statement in an administrative proceeding;
and to repeal certain provisions of such law relating to making a tech-
nical correction thereto

 
PURPOSE:

To allow any person to submit an affirmation under penalty of perjury in
lieu of an affidavit in an administrative proceeding.

 
SUMMARY OF PROVISIONS:

Section 1: amends Rule 2106 of the civil practice law and rules to
include the submission of affirmations in administrative proceedings.

Section 2: makes a technical correction by repealing chapter 585 of
2023.
              

Section 3: sets the effective date.

 
JUSTIFICATION:

In 2023, the legislature passed, and the Governor signed an amendment to
Rule 2106 of the CPLR that expanded the use of affirmations in lieu of
affidavits in court actions (Chapter 559). At that time, the state
recognized that requiring litigants and other court participants to have
documents notarized was unduly burdensome, and that federal law removed
such requirements for federal courts decades ago. The federal statute
authorizing this practice, 28 U.S.C. § 1746, provides for the use of an
unsworn declaration in any proceeding brought "under any law of the
United States or under any rule, regulation, order, or requirement made
pursuant to law...." Thus, federal law contemplates the use of unsworn
affirmations in both court actions and administrative proceedings. Noth-
ing about the nature of an administrative proceeding would require use
of affidavits as opposed to affirmations, especially given that the use
of affirmations is permissible in court proceedings. This bill clarifies
that an unsworn affirmation may be submitted in an administrative
proceeding with the same force and effect as an affidavit, as is permit-
ted in court actions. In 2023 this rule was separately, and likely inad-
vertently, amended by Chapter 585. Chapter 559 is more expansive and is
considered the controlling language, but there are two parallel versions
of the rule in existence. This bill repeals chapter 585 as a technical
correction.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.