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.
Ayes (25): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Parker, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (6): Hannon, Dilan, Duane, Gianaris, Kruger, Peralta
Nays (2): Montgomery, Perkins
Excused (1): Oppenheimer
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Montgomery
Excused (1): Perkins
Ayes (26): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Gianaris, Parker, Peralta, Perkins, Stavisky, Squadron
Ayes W/R (6): Hannon, LaValle, Krueger, Dilan, Rivera, Stewart-Cousins
Nays (2): Duane, Montgomery
Excused (1): Oppenheimer
Ayes (46): Adams, Addabbo, Alesi, Avella, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (12): Ball, Duane, Hassell-Thomps, Krueger, LaValle, Marcellino, Montgomery, Perkins, Rivera, Squadron, Stavisky, Stewart-Cousin
Excused (3): Breslin, Huntley, Oppenheimer
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 to annually report to the public on the time periods for processing applications, of each type of permit, license, registration and certification.
SUMMARY OF PROVISIONS: Section 1 defines permit and state agency.
Section 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.
Section 3 requires the report to be submitted to the Executive and the Legislature and be posted on each state agency's internet homepage.
Section 4 requires the information from Section two to be printed on the application for each type of permit.
Section 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 or enjoy recreational activities. It's 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.524 of 2010: Referred to Finance S.7132 of 2008: Passed Senate
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take on the first of April next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2461 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________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. 3. THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE, AND BE PUBLISHED ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07273-01-1 S. 2461 2
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.