senate Bill S968

Enacts the "honesty in permit processing act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Enacts the "honesty in permit processing act"; requires state agencies to annually report to the public on the time periods for processing applications of each type of permit, license, registration and certification; such report shall be submitted to the governor and the legislature, and made available to the public on the agency internet homepage; requires permit processing information to be printed on the cover page of each permit application; requires all permit applications to be processed within a time period equal to 134% of the average processing time during the previous calendar year; failure to complete processing within such period of time shall require the state agency to refund the application fees to the applicant.

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Bill Details

Versions:
S968
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง164-e, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2461
2009-2010: S524

Sponsor Memo

BILL NUMBER:S968

TITLE OF BILL:
An act
to amend the executive law, in relation to requiring state agencies
which issue licenses, registrations, permits and/or certifications to
annually report on the periods of time taken to process each application
therefor

PURPOSE OR GENERAL IDEA OF BILL:
Requires state agencies totally report to the public on the time
periods for processing applications, of each type of permit,
license, registration and certification.

SUMMARY OF PROVISIONS:
Subsection 1 defines permit and state agency.

Subsection 2 requires state agencies that process 100 or more permits in
a calendar year to publish a report for all permits it processes,
including the average time for each permit and the shortest and
longest time for each permit.

Subsection 3 requires the report to be submitted to the Executive and
the Legislature and be posted on each state agency's internet homepage.

Subsection 4 requires the information from Section two to be printed on
the application for each type of permit.

Subsection 5 requires state agencies to process permits within 134% of
the average time for that permit. If they fail to do so, they must
refund the permit fee to the applicant.

EXISTING LAW:
State agencies are currently in no way accountable to the consumers
and taxpayers who fund their operation.

JUSTIFICATION:
Many state agencies, notably the State Liquor Authority (SLA) and the
State Education Department (SED), have large backlogs for various
permits. Yet many New Yorkers depend upon these agencies for permits
necessary to get a job, run a business ox enjoy recreational
activities.
It is only fair to these applicants that the state provide them with
some expectation of how long they'll have to wait. When people's
livelihoods are depending on these permits, it's not unreasonable for
the State to inform them of a likely processing time.

PRIOR LEGISLATIVE HISTORY:
S.2461 of 2012: Passed Senate
S.524 of 2010: Referred to Finance
S.7132 of 2008: Passed senate

FISCAL IMPLICATIONS:

EFFECTIVE DATE:


This act shall take on the first of April next succeeding the date on
which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   968

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to requiring state  agen-
  cies  which  issue  licenses,  registrations,  permits  and/or certif-
  ications to annually report on the periods of time  taken  to  process
  each application therefor

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "honesty in permit processing act".
  S  2.  The  executive  law is amended by adding a new section 164-e to
read as follows:
  S 164-E. LICENSE AND PERMIT APPLICATION PROCESSING; ANNUAL REPORTS. 1.
FOR THE PURPOSES OF THIS SECTION:
  (A) "PERMIT" SHALL MEAN ANY PERMIT, LICENSE, CERTIFICATION,  REGISTRA-
TION  OR  APPROVAL  ISSUED  BY A STATE AGENCY, WHICH IS REQUIRED BY LAW,
RULE OR REGULATION.
  (B) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD,  BUREAU,  COMMIS-
SION, DIVISION, AUTHORITY, OFFICE, COUNCIL OR AGENCY OF THE STATE.
  2.  EVERY STATE AGENCY, WHICH PROCESSES AND ISSUES ONE HUNDRED OR MORE
PERMITS DURING A CALENDAR YEAR, SHALL, ON OR BEFORE  FEBRUARY  FIFTEENTH
EACH  YEAR,  ISSUE  AND  PUBLISH  A REPORT ON ITS PERMIT PROCESSING TIME
PERIODS DURING THE PRECEDING CALENDAR YEAR, WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO:
  (A) THE AVERAGE TIME IT TOOK TO PROCESS APPLICATIONS FOR EACH SPECIFIC
TYPE OF PERMIT FROM THE RECEIPT OF THE APPLICATION  THEREFOR  UNTIL  THE
ISSUANCE OR DENIAL OF SUCH PERMIT; AND
  (B)  THE  SHORTEST  AND  LONGEST PERIODS OF TIME IT TOOK TO PROCESS AN
APPLICATION FOR EACH SPECIFIC TYPE OF PERMIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05267-01-3

S. 968                              2

  3. THE REPORT REQUIRED BY SUBDIVISION TWO OF  THIS  SECTION  SHALL  BE
SUBMITTED  TO  THE  GOVERNOR  AND  THE LEGISLATURE, AND BE PUBLISHED AND
DISTRIBUTED, IN BOTH WRITTEN AND ELECTRONIC FORMS,  FOR  ACCESS  BY  THE
PUBLIC. EACH STATE AGENCY SHALL POST, ON ITS INTERNET HOMEPAGE, THE MOST
RECENT REPORT IT HAS ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4.  THE  INFORMATION  COMPILED  PURSUANT  TO  SUBDIVISION  TWO OF THIS
SECTION, FOR EACH SPECIFIC PERMIT SHALL BE PRINTED ON THE COVER PAGE  OF
THE APPLICATION FOR SUCH PERMIT.
  5.  EACH  STATE AGENCY SHALL ANNUALLY PROCESS APPLICATIONS FOR PERMITS
WITHIN A TIME PERIOD WHICH IS EQUAL TO OR LESS THAN ONE HUNDRED  THIRTY-
FOUR  PERCENT OF THE AVERAGE TIME PERIOD FOR PROCESSING APPLICATIONS FOR
THAT TYPE OF PERMIT DURING THE PRECEDING CALENDAR YEAR.  IN ANY INSTANCE
IN WHICH A STATE AGENCY FAILS TO PROCESS AN APPLICATION WITHIN SUCH TIME
PERIOD, SUCH AGENCY SHALL IMMEDIATELY REFUND TO THE PERMIT APPLICANT ALL
CHARGES AND FEES IMPOSED AS A CONDITION OF SUBMITTING SUCH PERMIT APPLI-
CATION.
  S 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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