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A03660 Summary:

BILL NOA03660A
 
SAME ASSAME AS S01646-A
 
SPONSORLavine
 
COSPNSRSepulveda
 
MLTSPNSR
 
Add 402, St Ad Proc Act
 
Relates to electronic permit applications and electronic recordkeeping.
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A03660 Actions:

BILL NOA03660A
 
01/30/2017referred to governmental operations
06/06/2017reported referred to codes
06/15/2017amend (t) and recommit to codes
06/15/2017print number 3660a
06/19/2017reported referred to rules
01/03/2018referred to codes
02/13/2018reported
02/15/2018advanced to third reading cal.673
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A03660 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3660A             Revised 02/13/18
 
SPONSOR: Lavine
  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.   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 inset 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. 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.   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.
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A03660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3660--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on  Governmental  Operations -- reported and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to amend the state administrative procedure act, 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:
 
     1    Section 1. The state administrative procedure act is amended by adding
     2  a new section 402 to read as follows:
     3    § 402. Electronic filing of applications for certain business permits.
     4  1.  Notwithstanding any provision of law to the contrary, a state agency
     5  may, by promulgation of regulations, permit an application for  a  busi-
     6  ness  permit  or other license subject to the provisions of this section
     7  to be filed with such agency, subscribed and affirmed by  the  applicant
     8  as  true  under penalty of perjury where statute otherwise requires that
     9  such signature be acknowledged, verified or sworn under oath.
    10    2. Notwithstanding any provision of law to the contrary, a state agen-
    11  cy may, by promulgation of regulations, permit  any  application  for  a
    12  business  permit  or  other  license  subject  to the provisions of this
    13  section to be submitted to such agency  by  electronic  means,  provided
    14  that  any  signature  required  thereon  shall  meet the requirements of
    15  subdivision three of section three hundred two of the  state  technology
    16  law,  and  the  use of electronic records shall meet the requirements of
    17  subdivision one of section three hundred five of  the  state  technology
    18  law.
    19    3.  This section shall apply to applications for the issuance, modifi-
    20  cation or renewal of any permit, license, certificate, approval,  regis-
    21  tration, charter, or similar form of permission or authority required by
    22  law,  or by state agency rules having the force and effect of law, which
    23  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.
                                                                   LBD01841-02-7

        A. 3660--A                          2
 
     1  applicant,  but  shall  not  include  bonds  or  other forms of security
     2  required to be submitted by  applicants,  any  individual  licenses  for
     3  practicing  a profession prescribed in title eight of the education law,
     4  filings  under  the  uniform  commercial  code,  or routine licenses and
     5  permits for individual privileges, including licenses  for  operating  a
     6  motor vehicle.
     7    § 2. This act shall take effect immediately.
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