Bill Text: NY A09478 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-06-07 - substituted by s9032a [A09478 Detail]

Download: New_York-2023-A09478-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9478--A
                                                                   R. R. 194

                   IN ASSEMBLY

                                     March 14, 2024
                                       ___________

        Introduced by M. of A. McMAHON, LAVINE, SAYEGH -- read once and referred
          to  the Committee on Judiciary -- reported and referred to the Commit-
          tee on Rules -- ordered to a third reading -- amended on  the  special
          order  of  third  reading, ordered reprinted as amended, retaining its
          place on the special 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:

     1    Section 1. Section 302 of the state administrative  procedure  act  is
     2  amended by adding a new subdivision 4 to read as follows:
     3    4.  Affirmation  of  truth  of  statement. The statement of any person
     4  wherever made, subscribed and affirmed by that person to be  true  under
     5  the penalties of perjury, may be used in an administrative proceeding in
     6  New  York in lieu of and with the same force and effect as an affidavit.
     7  Such affirmation shall be in substantially the following form:
     8    I affirm this ___ day of ______, ____, under the penalties of  perjury
     9  under  the  laws  of New York, which may include a fine or imprisonment,
    10  that the foregoing is true, and I understand that this document  may  be
    11  filed in an administrative hearing.
    12    (Signature)
    13    §  2.  Subdivision  (a)  of section 3020 of the civil practice law and
    14  rules is amended to read as follows:
    15    (a) Generally. A verification is a statement [under oath],  subscribed
    16  and  affirmed  to  be  true under the penalties of perjury in accordance
    17  with rule twenty-one hundred six of this chapter, that the  pleading  is
    18  true  to  the knowledge of the deponent, except as to matters alleged on
    19  information and belief, and that as to those matters [he] such  deponent
    20  believes  it  to  be  true.  Unless  otherwise specified by law, where a
    21  pleading is verified, each subsequent pleading shall also  be  verified,
    22  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.
                                                                   LBD14709-06-4
        A. 9478--A                          2

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