S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1765
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of A. ZEBROWSKI, LAVINE -- read once and referred to
         the Committee on Governmental Operations
       AN ACT to amend the state administrative procedure act, in  relation  to
         providing   information   on   the  prevention  of  common  regulatory
         violations in small business regulation guides
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 102-a of the state administrative procedure act, as
    2  amended  by  section  3  of part O of chapter 60 of the laws of 2011, is
    3  amended to read as follows:
    4    S 102-a. Small business regulation guides. 1. For each rule  or  group
    5  of  related  rules  which  significantly  impact a substantial number of
    6  small businesses, the agency which adopted the rule shall  post  on  its
    7  website  one  or more guides explaining the actions a small business may
    8  take to  comply  with  such  rule  or  group  of  rules  if  the  agency
    9  determines,  IN  CONJUNCTION  WITH THE DIVISION FOR SMALL BUSINESS, that
   10  such guide or guides will assist small businesses in complying with  the
   11  rule,  and  shall designate each such posting as a "small business regu-
   12  lation guide". The guide shall explain the actions a small business  may
   13  take  to  comply  with a rule or group of rules, IDENTIFY ANY SOURCES OF
   14  INFORMATION OR ASSISTANCE AVAILABLE TO FACILITATE SMALL BUSINESS REGULA-
   15  TORY COMPLIANCE, AND, WHERE APPROPRIATE, INCLUDE INFORMATION ON (A)  THE
   16  MOST COMMON REGULATORY VIOLATIONS THAT SMALL BUSINESSES ARE CITED FOR BY
   17  THE  AGENCY  AND  (B)  ANY  ACTIONS THAT SMALL BUSINESSES CAN REASONABLY
   18  UNDERTAKE TO MINIMIZE OR PREVENT THE OCCURRENCE OF SUCH VIOLATIONS.
   19    2. The agency shall, in its sole discretion, taking into  account  the
   20  subject matter of the rule and the language of relevant statutes, ensure
   21  that  the  guide is written using sufficiently plain language that it is
   22  likely to be understood by affected  small  businesses.  Agencies  shall
   23  cooperate  with THE DIVISION FOR SMALL BUSINESS AND other state agencies
   24  in developing such guides.  THE DIVISION FOR SMALL BUSINESS SHALL  OVER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00654-01-5
       A. 1765                             2
    1  SEE  AND  COORDINATE  THE  PREPARATION OF SUCH SMALL BUSINESS REGULATION
    2  GUIDES BY AGENCIES. AN AGENCY SHALL PROVIDE THE DIVISION AT  SUCH  TIMES
    3  AND  IN  SUCH  FORMAT  AS  THE DIVISION MAY REQUEST WITH (A) STATISTICAL
    4  INFORMATION  ON  THE  FREQUENCY  OF VIOLATIONS OF VARIOUS REGULATIONS BY
    5  SMALL BUSINESSES AND (B) INFORMATION AND ANALYSIS REGARDING ACTIONS THAT
    6  CAN REASONABLY BE UNDERTAKEN BY SMALL BUSINESSES TO MINIMIZE OR  PREVENT
    7  THE OCCURRENCE OF SUCH VIOLATIONS.
    8    S 2. This act shall take effect immediately.