S T A T E   O F   N E W   Y O R K
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    S. 6614--A                                            A. 9714--A

                      S E N A T E - A S S E M B L Y

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the executive law and the state administrative procedure
  act, in relation to requirements for permit applications; and to amend
  the public officers law and the public authorities law, in relation to
  meetings of public bodies

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

  Section 1. The executive law is amended by adding a new  section  97-b
to read as follows:
  S  97-B. AFFIRMATION IN LIEU OF OATH ON PERMIT APPLICATIONS; SIGNATURE
REQUIREMENT FOR ELECTRONIC PERMIT APPLICATIONS. 1. DEFINITIONS:
  (A) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD,  BUREAU,  COMMIS-
SION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF THE STATE, OR A
PUBLIC  BENEFIT  CORPORATION  OR PUBLIC AUTHORITY, AT LEAST ONE OF WHOSE
MEMBERS IS APPOINTED BY THE GOVERNOR, AUTHORIZED BY LAW TO MAKE RULES OR
TO MAKE FINAL  DECISIONS  IN  ADJUDICATORY  PROCEEDINGS  BUT  SHALL  NOT
INCLUDE THE GOVERNOR, AGENCIES IN THE LEGISLATIVE AND JUDICIAL BRANCHES,
AGENCIES  CREATED  BY INTERSTATE COMPACT OR INTERNATIONAL AGREEMENT, THE
DIVISION OF MILITARY AND NAVAL AFFAIRS TO THE EXTENT  IT  EXERCISES  ITS
RESPONSIBILITY  FOR  MILITARY  AND  NAVAL AFFAIRS, THE DIVISION OF STATE
POLICE, THE IDENTIFICATION AND INTELLIGENCE  UNIT  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  THE STATE INSURANCE FUND, THE UNEMPLOYMENT
INSURANCE APPEAL BOARD, THE STATE DIVISION OF PAROLE AND THE  DEPARTMENT
OF CORRECTIONAL SERVICES;
  (B) "APPLICANT" SHALL MEAN ANY PERSON WHO SUBMITS AN APPLICATION; AND

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

                                                           LBD12676-02-0

S. 6614--A                          2                         A. 9714--A

  (C)  "APPLICATION" SHALL MEAN A PAPER, FORM OR DOCUMENT PRODUCED BY OR
ON BEHALF OF A STATE AGENCY AND REQUIRED TO BE FILED BY A PERSON WITH  A
STATE  AGENCY,  PUBLIC  AUTHORITY OR PUBLIC BENEFIT CORPORATION FOR SUCH
STATE AGENCY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION  TO  DETER-
MINE  WHETHER  TO ISSUE, MODIFY OR RENEW A PERMIT, LICENSE, CERTIFICATE,
APPROVAL, REGISTRATION,  CHARTER,  OR  SIMILAR  FORM  OF  PERMISSION  OR
AUTHORITY  REQUIRED BY LAW OR BY STATE AGENCY RULES HAVING THE FORCE AND
EFFECT OF LAW, WHICH IS REQUIRED FOR A BUSINESS UNDERTAKING, PROJECT  OR
ACTIVITY FOR AN APPLICANT, BUT SHALL NOT INCLUDE BONDS OR OTHER FORMS OF
SECURITY  REQUIRED  TO  BE  SUBMITTED  BY  APPLICANTS, OR ANY INDIVIDUAL
LICENSES FOR PRACTICING A PROFESSION PRESCRIBED IN TITLE  EIGHT  OF  THE
EDUCATION  LAW,  FILINGS  UNDER  THE  UNIFORM  COMMERCIAL  CODE, ROUTINE
LICENSES AND PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING  LICENSES  FOR
OPERATING  A  MOTOR  VEHICLE  AND AMATEUR SPORTING LICENSES, SUCH AS FOR
HUNTING AND FISHING, OR BUILDING  PERMIT  ISSUED  BY  A  CITY,  TOWN  OR
VILLAGE.
  2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ANY STATE
AGENCY MAY, BY PROMULGATION OF REGULATIONS IN ACCORDANCE WITH THE  STATE
ADMINISTRATIVE  PROCEDURE  ACT,  PERMIT ANY APPLICATION TO BE FILED WITH
SUCH AGENCY, IN LIEU OF BEING ACKNOWLEDGED,  VERIFIED,  OR  SWORN  UNDER
OATH  WHERE  SUCH IS REQUIRED BY STATUTE, TO BE SUBSCRIBED BY THE APPLI-
CANT AND AFFIRMED BY HIM OR HER AS TRUE AND COMPLETE  UNDER  PENALTY  OF
PERJURY.
  3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ANY STATE
AGENCY MAY, BY PROMULGATION OF REGULATIONS IN ACCORDANCE WITH THE  STATE
ADMINISTRATIVE PROCEDURE ACT, PERMIT ANY APPLICATION TO BE SUBMITTED:
  (A) BY ELECTRONIC MEANS, PROVIDED THAT A SIGNATURE IS REQUIRED THEREON
THAT  MEETS  THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF SECTION THREE
HUNDRED TWO OF THE STATE TECHNOLOGY  LAW,  AND  THE  USE  OF  ELECTRONIC
RECORDS  SHALL MEET THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION THREE
HUNDRED FIVE OF THE STATE TECHNOLOGY LAW; AND
  (B) SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY HIM  OR  HER  AS  TRUE
UNDER  PENALTY  OF PERJURY, IN LIEU OF ANY REQUIREMENT THAT THE APPLICA-
TION BE ACKNOWLEDGED OR SWORN TO UNDER OATH.
  S 2. Subdivision 6 of section 201-a of the state administrative proce-
dure act is renumbered subdivision 7 and a new subdivision 6 is added to
read as follows:
  6. TO REDUCE PAPERWORK FOR AGENCIES, IN LIEU OF PREPARING  A  SEPARATE
STATEMENT, AN AGENCY MAY COMPLY WITH THE REQUIREMENTS OF THIS SECTION BY
INCLUDING  WITHIN  THE  REGULATORY IMPACT STATEMENT PREPARED PURSUANT TO
SECTION TWO HUNDRED TWO-A OF THIS ARTICLE ALL OF THE ELEMENTS OF THE JOB
IMPACT STATEMENT.
  S 3. Subparagraph (vii) of paragraph (f) of subdivision 1  of  section
202 of the state administrative procedure act, as amended by chapter 171
of the laws of 1994, is amended to read as follows:
  (vii)  include  a  regulatory flexibility analysis [and], a rural area
flexibility analysis AND A JOB IMPACT  STATEMENT  prepared  pursuant  to
sections TWO HUNDRED ONE-A, two hundred two-b, and two hundred two-bb of
this  [chapter]  ARTICLE,  provided, however, if an analysis exceeds two
thousand words, the notice shall include only a summary of such analysis
in less than two  thousand  words.  AN  AGENCY  MAY  DISPENSE  WITH  THE
REQUIREMENTS  OF  THIS  SUBPARAGRAPH  BY  PREPARING  A REGULATORY IMPACT
STATEMENT AS REFERENCED IN SUBPARAGRAPH  (VI)  OF  THIS  PARAGRAPH  THAT
INCLUDES  ALL OF THE ELEMENTS OF THE REGULATORY FLEXIBILITY ANALYSIS FOR
SMALL BUSINESSES AND LOCAL GOVERNMENTS, RURAL AREA FLEXIBILITY  ANALYSIS
AND  JOB  IMPACT STATEMENT. PROVIDED, HOWEVER, WHEN AN AGENCY PREPARES A

S. 6614--A                          3                         A. 9714--A

COMBINED REGULATORY IMPACT STATEMENT AND  SUCH  STATEMENT  EXCEEDS  FOUR
THOUSAND  WORDS,  THE NOTICE SHALL INCLUDE ONLY A SUMMARY OF SUCH STATE-
MENT IN LESS THAN FOUR THOUSAND WORDS;
  S  4.  Paragraphs (a) and (b) of subdivision 4 of section 202-a of the
state administrative procedure act, as amended by  chapter  698  of  the
laws  of  1984,  are amended and a new paragraph (c) is added to read as
follows:
  (a) Consider a series of closely related and  simultaneously  proposed
rules as one rule for the purpose of submitting a consolidated regulato-
ry impact statement; [and]
  (b)  Submit  a consolidated regulatory impact statement for any series
of virtually identical rules proposed in the same year[.]; AND
  (C) PREPARE A COMBINED REGULATORY IMPACT STATEMENT THAT  INCLUDES  ALL
OF  THE  ELEMENTS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, SECTION
TWO HUNDRED ONE-A OF THIS ARTICLE RELATED TO THE  JOB  IMPACT  ANALYSIS,
SECTION  TWO  HUNDRED  TWO-B  OF  THIS ARTICLE RELATED TO THE REGULATORY
FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES  AND  LOCAL  GOVERNMENTS,  AND
SECTION  TWO HUNDRED TWO-BB OF THIS ARTICLE RELATED TO RURAL AREA FLEXI-
BILITY ANALYSIS.
  S 5. Subdivision 4 of section 202-b of the state administrative proce-
dure act, as amended by chapter 17 of the laws of 1984,  is  amended  to
read as follows:
  4.  In order to avoid duplicative action, an agency may (A) consider a
series of closely related rules as one rule for the purpose of complying
with subdivision two of this section; AND (B) IN  LIEU  OF  PREPARING  A
SEPARATE  STATEMENT,  INCLUDE  WITHIN  THE  REGULATORY IMPACT STATEMENT,
PREPARED PURSUANT TO SECTION TWO HUNDRED TWO-A OF THIS ARTICLE,  ALL  OF
THE ELEMENTS OF THE REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES
AND LOCAL GOVERNMENTS.
  S  6.  Subdivision  5  of  section  202-bb of the state administrative
procedure act, as added by chapter 171 of the laws of 1994,  is  amended
to read as follows:
  5.  In order to avoid duplicative action, an agency may (A) consider a
series of closely related rules as one rule for the purpose of complying
with subdivision three of this section; AND (B) IN LIEU OF  PREPARING  A
SEPARATE  STATEMENT,  INCLUDE  WITHIN  THE  REGULATORY IMPACT STATEMENT,
PREPARED PURSUANT TO SECTION TWO HUNDRED TWO-A OF THIS ARTICLE,  ALL  OF
THE ELEMENTS OF THE RURAL AREA FLEXIBILITY ANALYSIS.
  S  7.  Subdivision  7 of section 837 of the executive law, as added by
chapter 399 of the laws of 1972 and such section as renumbered by  chap-
ter 603 of the laws of 1973, is amended to read as follows:
  7.  Receive,  process  and  file  fingerprints,  photographs and other
descriptive data for the purpose of establishing identity  and  previous
criminal  record.  WHENEVER ANY PROVISION OF LAW REQUIRES OR PERMITS THE
SUBMISSION, TRANSMISSION, FORWARDING, RETENTION, RETURN  OR  DESTRUCTION
THEREOF,  THE TERMS "CRIMINAL RECORD", "CRIMINAL HISTORY RECORD", "FING-
ERPRINTS", "FINGERPRINT CARDS", "PHOTOGRAPHS",  "PALMPRINTS",  "PERSONAL
APPEARANCE  DATA",  "HANDWRITING  SAMPLES", AND "DESCRIPTIVE DATA" SHALL
MEAN AND INCLUDE DIGITAL OR ELECTRONIC IMAGES, IMPRESSIONS,  REPRESENTA-
TIONS OR REPRODUCTIONS OF SUCH CRIMINAL RECORD, CRIMINAL HISTORY RECORD,
FINGERPRINTS,   FINGERPRINT  CARDS,  PHOTOGRAPHS,  PALMPRINTS,  PERSONAL
APPEARANCE DATA, HANDWRITING SAMPLES AND DESCRIPTIVE DATA;
  S 8. The public officers law is amended by adding a new section  108-a
to read as follows:
  S  108-A. ATTENDANCE AT MEETINGS BY PUBLIC BODIES.  PARTICIPATION AT A
MEETING OF A PUBLIC BODY, A MAJORITY OF WHOSE MEMBERS ARE  APPOINTED  BY

S. 6614--A                          4                         A. 9714--A

STATE AGENCIES OR THE GOVERNOR MAY TAKE PLACE BY CONFERENCE TELEPHONE OR
OTHER  SIMILAR COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPAT-
ING IN THE MEETING TO HEAR EACH OTHER AT THE SAME TIME,  PROVIDED  THAT:
(A)  SUCH  PARTICIPATION  IS  PERMITTED  BY  A VOTE OF A MAJORITY OF THE
MEMBERS OF SUCH PUBLIC BODY;
  (B) THE MEETING OTHERWISE COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS
ARTICLE;
  (C) EITHER (1) PARTICIPATION BY MEANS OF A MEMBER'S PHYSICAL  PRESENCE
AT  A  MEETING CANNOT REASONABLY OCCUR DUE TO INCLEMENT WEATHER, MEDICAL
CONDITION OR DISABILITY, OR LACK OF  AVAILABILITY  OF  VIDEOCONFERENCING
CAPABILITY;  OR (2) THE MEMBER RESIDES FIFTY OR MORE MILES AWAY, OR SUCH
DISTANCE AS WILL REQUIRE OVER ONE HOUR OF TRAVEL, AND  THE  PUBLIC  BODY
PROVIDES  AN OPPORTUNITY FOR THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT
ANY SITE AT WHICH A MEMBER PARTICIPATES; AND
  (D) THE MEMBER PARTICIPATING BY PHONE IS CLEARLY AUDIBLE TO  THOSE  IN
ATTENDANCE  AT A MEETING AND IDENTIFIES HIMSELF OR HERSELF BEFORE SPEAK-
ING.
  S 9. The public authorities law is amended by  adding  a  new  section
2829 to read as follows:
  S  2829. ATTENDANCE AT MEETINGS BY PUBLIC BODIES.  NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ANY ONE  OR  MORE  DIRECTORS  OR
BOARD  MEMBERS  OF ANY STATE AUTHORITY MAY PARTICIPATE IN ANY MEETING BY
MEANS OF A CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT
ALLOWING  ALL PERSONS PARTICIPATING IN THE MEETING TO HEAR EACH OTHER AT
THE SAME TIME PROVIDED THAT: (A) THE  MEETING  OTHERWISE  COMPLIES  WITH
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW (OPEN MEETINGS LAW);
  (B)  EITHER (1) PARTICIPATION BY MEANS OF A MEMBER'S PHYSICAL PRESENCE
AT A MEETING CANNOT REASONABLY OCCUR DUE TO  INCLEMENT  WEATHER,  MEDIAL
CONDITION  OR  DISABILITY,  OR LACK OF AVAILABILITY OF VIDEOCONFERENCING
CAPABILITY; OR (2) THE MEMBER RESIDES  FIFTY  OR  MILES  AWAY,  OR  SUCH
DISTANCE  AS  WILL  REQUIRE  OVER ONE HOUR OF TRAVEL AND THE PUBLIC BODY
PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ATTEND, LISTEN AND OBSERVE  AT
ANY SITE AT WHICH A MEMBER PARTICIPATES; AND
  (C)  THE  MEMBER PARTICIPATING BY PHONE IS CLEARLY AUDIBLE TO THOSE IN
ATTENDANCE AT A MEETING AND IDENTIFIES HIMSELF OR HERSELF BEFORE  SPEAK-
ING.  PARTICIPATION BY SUCH MEANS SHALL CONSTITUTE PRESENCE IN PERSON AT
A MEETING.
  S 10. This act shall take effect immediately.