Amd 170-c, Exec L (as proposed in S.6642-A & A.7500)
Changes the annual submission dates for 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 to October first.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8744
SPONSOR: McDonald TITLE OF BILL:
An act to amend the executive law, in relation to a report by the divi-
sion for small business
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to effectuate an amendment to Chapter 731 of
the Laws of 2019 related to reducing regulatory fines on businesses and
creating a productive relationship between the state and business owners
that will allow them to work closely together.
SUMMARY OF PROVISIONS:
The bill would extend through 2024 provisions which afford small busi-
nesses cure periods for ameliorative actions upon first time violations
of certain rules and regulations. In addition to this extension, the
bill would establish an annual report compiling the usage of the cure
periods and other opportunities for ameliorative actions across state
agencies in order to measure the success and usage of these opportu-
nities.
JUSTIFICATION:
New York's small businesses are heavily regulated and are not always
aware of the numerous current and new regulations. Various regulations
can cost small businesses thousands of dollars in implementation and
penalties. According to CNBC, New York state is currently ranked 29th
when comparing top business states across the country (2016).
By allowing our small businesses the opportunity to cure as opposed to
an immediate fine, the state would be improving communication with our
small businesses and working to improve our business climate. The
previous chaptered law was only in effect for about a year and there was
no reporting to measure the efficacy. The goal is to extend the law
through 2024 and also to require reporting.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021 amending the executive law relating to a
report by the division of small business, as proposed in legislative
bills numbers S. 6642-A and A. 7500, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8744
IN ASSEMBLY
January 11, 2022
___________
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 170-c of the executive law, as
2 added by a chapter of the laws of 2021 amending the executive law relat-
3 ing to a report by the division for small business, as proposed in
4 legislative bills numbers S. 6642-A and A. 7500, is amended to read as
5 follows:
6 4. Every state agency shall provide to the division for small busi-
7 ness, created pursuant to section one hundred thirty-two of the economic
8 development law, the following information covering the previous calen-
9 dar year, annually by [March] July first following the effective date of
10 this subdivision, and every [March] July first thereafter: (a) how many
11 cure periods or other opportunities for ameliorative action were
12 [offered] afforded pursuant to subdivision one of this section and how
13 many small businesses made use of such options, (b) how many cure peri-
14 ods and other opportunities for ameliorative action were successfully
15 completed and resulted in the avoidance of a penalty, (c) what, if any,
16 guidance, information, and assistance with compliance was provided to
17 small businesses issued pursuant to subdivision one of this section, and
18 (d) the [average length] range of time granted by the state agency to
19 correct first time violations and the type of violations that were amel-
20 iorated. The division for small business shall by [May] October first
21 following the effective date of this subdivision, and every [May] Octo-
22 ber first thereafter, prepare a report compiling this information, by
23 agency, and shall post this report on its website and shall provide a
24 copy of such report to the governor, the speaker of the assembly and the
25 temporary president of the senate.
26 § 2. This act shall take effect on the same date and in the same
27 manner as a chapter of the laws of 2021 amending the executive law
28 relating to a report by the division for small business, as proposed in
29 legislative bills numbers S. 6642-A and A. 7500, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11346-04-2
