Bill Text: NY S01643 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to providing information and assistance to small businesses to prevent common regulatory violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-12-18 - APPROVAL MEMO.38 [S01643 Detail]

Download: New_York-2017-S01643-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1643
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
        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    § 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01840-01-7
        S. 1643                             2
     1  in  developing such guides.  The division for small business shall over-
     2  see and coordinate the preparation of  such  small  business  regulation
     3  guides  by  agencies. An agency shall provide the division at such times
     4  and  in  such  format  as  the division may request with (a) statistical
     5  information on the frequency of violations  of  various  regulations  by
     6  small businesses and (b) information and analysis regarding actions that
     7  can  reasonably be undertaken by small businesses to minimize or prevent
     8  the occurrence of such violations.
     9    § 2. This act shall take effect immediately.