S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2364
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY,  GALLIVAN,  MARCHIONE  --  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".
   § 2. The executive law is amended by adding a  new  section  164-e  to
 read as follows:
   § 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.
                                                            LBD02347-01-7
              

 S. 2364                             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.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.