Relates to electronic permit applications and electronic recordkeeping

Summary of provisions

Bill §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 allowing 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.

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

Effects of present law which this bill would alter

In 2000, the Legislature authorized the Department of State to substitute 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 streamlining. Requiring a sworn oath or affirmation as part of a permit application 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 flexible 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 clarification 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.

Prior legislative history

New bill - similar legislation was introduced as an Article VII bill in 2010 (A.9714/S.6614) but was not enacted.

Fiscal implications for state and local governments

State agencies that use the provisions of this bill are expected to replicate the experience of the Department of State and reduce their costs and workloads.

Effective date

Immediately.