NY State Senate Bill 2023-S9032

Senate Bill S9032

2023-2024 Legislative Session

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	returned to senate passed assembly ordered to third reading rules cal.194 substituted for a9478a
Jun 06, 2024	referred to judiciary delivered to assembly passed senate
Jun 03, 2024	amended on third reading (t) 9032a
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1292
Apr 10, 2024	referred to judiciary

Votes

- Jun 6, 2024 - Floor Vote
  S9032
  
  41
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (20)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 21, 2024 - Judiciary Committee Vote
  S9032
  
  13
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 21, 2024
      
      aye (13)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (4)
      
      Canzoneri-Fitzpatrick
      
      Martins
      
      Palumbo
      
      Rhoads
      
      aye wr (2)
      
      Lanza
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S9032 - Details

See Assembly Version of this Bill:: A9478
Law Section:: Civil Practice Law and Rules
Laws Affected:: Rpld R2106, amd R2106, CPLR

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

                                 
BILL NUMBER: S9032

SPONSOR: RYAN
 
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:

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: makes a technical correction by repealing chapter 585 of
2023.

Section 3: sets the effective date.

 
JUSTIFICATION:

In 2023, the legislature 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, the state
recognized that requiring 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. Noth-
ing about the nature of an administrative proceeding would require use
of affidavits as opposed to affirmations, especially given that the use
of affirmations is permissible in court proceedings. This bill clarifies
that an unsworn affirmation may be submitted in an administrative
proceeding with the same force and effect as an affidavit, as is permit-
ted in court actions. In 2023 this rule was separately, and likely inad-
vertently, amended by Chapter 585. Chapter 559 is more expansive and is
considered the controlling language, but there are two parallel versions
of the rule in existence. This bill repeals chapter 585 as a technical
correction.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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:: Civil Practice Law and Rules
Laws Affected:: Rpld R2106, amd R2106, CPLR

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

                                 
BILL NUMBER: S9032A

SPONSOR: RYAN
 
TITLE OF BILL:

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 thereto

 
PURPOSE:

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 section 302 of the state administrative procedure act
by adding a new subdivision 4 to include the submission of affirmations
in administrative proceedings.

Section 2: amends subdivision of 3020 of the civil practice law and

rules to clarify that affirmations may be used in pleadings.

Section 3: makes a technical correction by repealing chapter 585 of
2023.

Section 4: sets the effective date.

 
JUSTIFICATION:

In 2023, the legislature 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, the state
recognized that requiring 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. Noth-
ing about the nature of an administrative proceeding would require use
of affidavits as opposed to affirmations, especially given that the use
of affirmations is permissible in court proceedings. This bill clarifies
that an unsworn affirmation may be submitted in an administrative
proceeding with the same force and effect as an affidavit, as is permit-
ted in court actions. In 2023 this rule was separately, and likely inad-
vertently, amended by Chapter 585. Chapter 559 is more expansive and is
considered the controlling language, but there are two parallel versions
of the rule in existence. This bill repeals chapter 585 as a technical
correction.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None,

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD14709-05-4
 S. 9032--A                          2
 
 concerning  which  the  party  would  be privileged from testifying as a
 witness.  Where the complaint is not verified,  a  counterclaim,  cross-
 claim  or  third-party claim in the answer may be separately verified in
 the same manner and with the same effect as if it were a separate plead-
 ing.
   §  3.  Rule  2106  of  the civil practice law and rules, as amended by
 chapter 585 of the laws of 2023, is REPEALED.
   § 4. This act shall take effect immediately.

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