Bill Text: NY A07500 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires a report by the division for small business regarding the use of opportunities for cure or ameliorative action afforded to small businesses for first time violations of rules and regulations; extends such provisions for three years.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-12-22 - approval memo.115 [A07500 Detail]

Download: New_York-2021-A07500-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7500

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 12, 2021
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Small Business

        AN  ACT to amend the executive law, in relation to a report by the divi-
          sion for small business; and to amend chapter 731 of the laws of  2019
          amending  the  executive  law  relating  to regulatory fines for small
          businesses, in relation to the effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 170-c of the executive law is amended by adding a
     2  new subdivision 4 to read as follows:
     3    4. Every state agency shall provide to the division  for  small  busi-
     4  ness, created pursuant to section one hundred thirty-two of the economic
     5  development  law, the following information covering the previous calen-
     6  dar year, annually by March first following the effective date  of  this
     7  subdivision,  and every March first thereafter:  (a) how many cure peri-
     8  ods or other opportunities for ameliorative action were offered pursuant
     9  to subdivision one of this section and how many  small  businesses  made
    10  use  of  such options, (b) how many cure periods and other opportunities
    11  for ameliorative action were successfully completed and resulted in  the
    12  avoidance  of a penalty,  (c) what guidance, information, and assistance
    13  with compliance was provided to small businesses pursuant to subdivision
    14  one of this section, and (d) the average length of time granted  by  the
    15  state  agency  to  correct first time violations. The division for small
    16  business shall by May first following the effective date of this  subdi-
    17  vision,  and every May first thereafter, prepare a report compiling this
    18  information, by agency, and shall post this report on  its  website  and
    19  shall  provide a copy of such report to the governor, the speaker of the
    20  assembly and the temporary president of the senate.
    21    § 2. Section 2 of chapter 731 of the laws of 2019 amending the  execu-
    22  tive  law  relating to regulatory fines for small businesses, as amended

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11346-02-1
        A. 7500                             2

     1  by section 2 of subpart B of part XX of chapter 55 of the laws of  2020,
     2  is amended to read as follows:
     3    §  2.  This  act shall take effect immediately and shall expire and be
     4  deemed repealed [two years after such date] December 20, 2024.
     5    § 3. This act shall take effect immediately; provided,  however,  that
     6  section  one  of this act shall take effect one year after it shall have
     7  become a law provided, however, that the amendments to section 170-c  of
     8  the  executive  law  as made by section one of this act shall not affect
     9  the expiration of such section and shall be deemed to expire therewith.