Bill Text: NY S04120 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to regulatory fines for small businesses; provides that upon an initial violation of a state agency's rules or regulations, a small business shall be afforded a cure period or other opportunity for ameliorative action, which if successful shall prevent the imposition of a fine or fines.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Engrossed - Dead) 2018-06-18 - SUBSTITUTED BY A8205B [S04120 Detail]

Download: New_York-2017-S04120-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4120--B
            Cal. No. 924
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 3, 2017
                                       ___________
        Introduced  by  Sens. AKSHAR, AMEDORE, BONACIC, CROCI, GALLIVAN, GOLDEN,
          HANNON, HELMING, MURPHY, PHILLIPS, RANZENHOFER, SEWARD --  read  twice
          and ordered printed, and when printed to be committed to the Committee
          on Finance -- reported favorably from said committee, ordered to first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading -- recom-
          mitted to the Committee on Finance in accordance with Senate  Rule  6,
          sec.  8 -- committee discharged and said bill committed to the Commit-
          tee on Rules -- reported favorably from said committee, ordered  to  a
          third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
        AN  ACT  to amend the executive law, in relation to regulatory fines for
          small businesses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The executive law is amended by adding a new section 170-c
     2  to read as follows:
     3    § 170-c. Regulatory fines for small businesses.    1.  Notwithstanding
     4  any  other  law,  rule  or  regulation  to the contrary, upon an initial
     5  violation of a state agency's rules or  regulations,  a  small  business
     6  shall  be  afforded  a cure period or other opportunity for ameliorative
     7  action, the successful completion of which will prevent  the  imposition
     8  of  penalties on the party or parties subject to enforcement, unless the
     9  agency determines that the violation directly affected public health  or
    10  safety.  Upon such first violation, a state agency shall (a) provide the
    11  small  business  with a copy of any applicable small business regulation
    12  guides pursuant to section one hundred two-a of the state administrative
    13  procedure act and any other helpful compliance information detailing the
    14  agency's rules and regulations, or (b) hold an  in-person  meeting  with
    15  the  small  business  to help assist such small business with compliance
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04066-06-8
        S. 4120--B                          2
     1  with the agency's rules and regulations.   The  agency  shall  have  the
     2  discretion to determine the appropriate period of time to allow for such
     3  ameliorative  action  to  occur,  provided  such period is not less than
     4  ninety days.
     5    2.  "Small  business"  as  used  in this section shall mean a business
     6  which is resident in this state, independently owned and  operated,  not
     7  dominant in its field and employs one hundred or less persons.
     8    § 2. This act shall take effect immediately.