Senate Bill S9032A

2023-2024 Legislative Session

Relates to use of an affirmation of truth of statement in an administrative proceeding; repealer

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Current Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S9032 - Details

See Assembly Version of this Bill:
A9478
Law Section:
State Administrative Procedure Act
Laws Affected:
Rpld R2106, amd §3020, CPLR; amd §302, St Ad Proc Act

2023-S9032 - Summary

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.

2023-S9032 - Sponsor Memo

2023-S9032 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9032
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Rule 2106 of the civil practice law and rules,  as  amended
 by chapter 559 of the laws of 2023, is amended to read as follows:
   Rule  2106.  Affirmation  of  truth of statement. The statement of any
 person wherever made, subscribed and affirmed by that person to be  true
 under  the penalties of perjury, may be used in an action OR ADMINISTRA-
 TIVE PROCEEDING in New York in lieu of  and  with  the  same  force  and
 effect  as  an affidavit. Such affirmation shall be in substantially the
 following form:
   I affirm this ___ day of ______, ____, under the penalties of  perjury
 under  the  laws  of New York, which may include a fine or imprisonment,
 that the foregoing is true, and I understand that this document  may  be
 filed  in  an  action  or proceeding in a court of law OR ADMINISTRATIVE
 HEARING.
   (Signature)
   § 2. Rule 2106 of the civil practice law  and  rules,  as  amended  by
 chapter 585 of the laws of 2023, is REPEALED.
   § 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



              

2023-S9032A (ACTIVE) - Details

See Assembly Version of this Bill:
A9478
Law Section:
State Administrative Procedure Act
Laws Affected:
Rpld R2106, amd §3020, CPLR; amd §302, St Ad Proc Act

2023-S9032A (ACTIVE) - Summary

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.

2023-S9032A (ACTIVE) - Sponsor Memo

2023-S9032A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9032--A
     Cal. No. 1292
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN  ACT  to  amend  the state administrative procedure act and 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 ther-
   eto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  302 of the state administrative procedure act is
 amended by adding a new subdivision 4 to read as follows:
   4. AFFIRMATION OF TRUTH OF STATEMENT.  THE  STATEMENT  OF  ANY  PERSON
 WHEREVER  MADE,  SUBSCRIBED AND AFFIRMED BY THAT PERSON TO BE TRUE UNDER
 THE PENALTIES OF PERJURY, MAY BE USED IN AN ADMINISTRATIVE PROCEEDING IN
 NEW YORK IN LIEU OF AND WITH THE SAME FORCE AND EFFECT AS AN  AFFIDAVIT.
 SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
   I  AFFIRM THIS ___ DAY OF ______, ____, UNDER THE PENALTIES OF PERJURY
 UNDER THE LAWS OF NEW YORK, WHICH MAY INCLUDE A  FINE  OR  IMPRISONMENT,
 THAT  THE  FOREGOING IS TRUE, AND I UNDERSTAND THAT THIS DOCUMENT MAY BE
 FILED IN AN ADMINISTRATIVE HEARING.
   (SIGNATURE)
   § 2. Subdivision (a) of section 3020 of the  civil  practice  law  and
 rules is amended to read as follows:
   (a)  Generally. A verification is a statement [under oath], SUBSCRIBED
 AND AFFIRMED TO BE TRUE UNDER THE PENALTIES  OF  PERJURY  IN  ACCORDANCE
 WITH  RULE  TWENTY-ONE HUNDRED SIX OF THIS CHAPTER, that the pleading is
 true to the knowledge of the deponent, except as to matters  alleged  on
 information  and belief, and that as to those matters [he] SUCH DEPONENT
 believes it to be true. Unless  otherwise  specified  by  law,  where  a
 pleading  is  verified, each subsequent pleading shall also be verified,
 except the answer of an infant and except as to matter in  the  pleading
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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