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Votes

Memo

BILL NUMBER:S5343

TITLE OF BILL:

An act to amend the education law, in relation to authorizing those submitting applications to the education department pursuant to title eight of the education law to submit an affirmation in lieu of oath

PURPOSE OF THE BILL:

To remove a barrier to the electronic filing of applications under Title 8 of the Education Law by authorizing the use of affirmations certifying that statements are true under penalty of perjury in lieu of a statement sworn under oath, thereby making the filing of such applications less burdensome and more efficient for both the applicants and the education department.

SUMMARY OF PROVISIONS OF THE BILL:

Section 1 of this proposal would add a new section 6501-b to the Education Law to provide that any application required under Title 8 of the Education Law to be filed with the Department may, in lieu of being certified or sworn under oath, be subscribed by the applicant and affirmed by the applicant as true under penalties of perjury.

Section 2 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

Under existing law, applications for professional licensure submitted pursuant to Education Law º6501 must meet the requirements of General Obligations Law º3-503, which requires applicants to certify in a written statement under oath their personal status with regards to certain child support conditions. Further, Education Law º6808, relating to applications for the renewal of pharmacy registrations, requires pharmacy owners to report under oath, facts requested by the State Board of Pharmacy. State Technology Law º304 authorizes agency use of electronic signatures, unless specifically provided otherwise by law. The proposed amendments are necessary in order for the Office of Professions to utilize electronic signatures to increase efficiency while continuing to protect the public against misrepresentations in applications for professional licenses and pharmacy registrations.

An application for licensure or registration is sworn for the purpose of impressing upon the oath giver the need for honesty. The Department supports this intent. The use of an affirmation under penalties of perjury performs the same function. Furthermore, the Department is working toward an online application system. The use of that system will significantly improve the efficiency and effectiveness of the license application process, especially if the applicants are able to sign their applications electronically. Signatures submitted electronically are legally binding to the same extent as handwritten signatures.

 The substitution of an affirmation for an oath is not new to the law. Civil Practice Law and Rules º2106, for example, provides for such substitution for any statement filed in an action by an attorney, physician, osteopath or dentist who is not a party to the action. Additionally, the Department of State has been authorized to accept affirmations in lieu of oaths for licenses or registrations filed with that Department.

BUDGETARY IMPLICATIONS OF THE BILL:

The enactment of this proposal will result in savings to the Department.

PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

EFFECTIVE DATE:

Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

5343

2011-2012 Regular Sessions

IN SENATE

May 10, 2011
___________

Introduced by Sen. LAVALLE -- (at request of the State Education Depart-
  ment)  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  authorizing  those
  submitting  applications to the education department pursuant to title
  eight of the education law to submit an affirmation in lieu of oath

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6501-b
to read as follows:
  S  6501-B.  AFFIRMATION  OF  APPLICATIONS.  NOTWITHSTANDING  ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS TITLE
TO BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR SWORN
UNDER OATH, BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY THE APPLICANT
AS TRUE UNDER PENALTIES OF PERJURY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11443-01-1