Allows for the use of an affirmation of truth of statement in an administrative proceeding; repeals certain provisions needed to make a technical correction in law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9478
SPONSOR: McMahon 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 OR GENERAL IDEA OF BILL:
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 repeals chapter 585 of 2023. Section 3 sets the effective
date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
In 2023, we 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, we recognized that to require 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. There is nothing in the nature of an admin-
istrative proceeding that would require the submission of a sworn affi-
davit when such is not required in a court action. This bill clarifies
that an unsworn affirmation may be submitted in an administrative
proceeding with the same force and effect as an affidavit, just as is
now allowed in court actions.
Additionally, in 2023 this rule was separately, and likely inadvertent-
ly, amended by Chapter 585. Chapter 559 is more expansive and is consid-
ered the controlling language, but there are two parallel versions of
the rule in existence. This bill repeals chapter 585 as a technical
correction of this issue.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9478
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. McMAHON, LAVINE -- read once and referred to the
Committee on Judiciary
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
technical correction thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Rule 2106 of the civil practice law and rules, as amended
2 by chapter 559 of the laws of 2023, is amended to read as follows:
3 Rule 2106. Affirmation of truth of statement. The statement of any
4 person wherever made, subscribed and affirmed by that person to be true
5 under the penalties of perjury, may be used in an action or administra-
6 tive proceeding in New York in lieu of and with the same force and
7 effect as an affidavit. Such affirmation shall be in substantially the
8 following form:
9 I affirm this ___ day of ______, ____, under the penalties of perjury
10 under the laws of New York, which may include a fine or imprisonment,
11 that the foregoing is true, and I understand that this document may be
12 filed in an action or proceeding in a court of law or administrative
13 hearing.
14 (Signature)
15 § 2. Rule 2106 of the civil practice law and rules, as amended by
16 chapter 585 of the laws of 2023, is REPEALED.
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14709-02-4
