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A08744 Summary:

BILL NOA08744
 
SAME ASSAME AS S07820
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
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.
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A08744 Actions:

BILL NOA08744
 
01/11/2022referred to small business
01/19/2022reported referred to rules
01/19/2022reported
01/19/2022rules report cal.28
01/19/2022ordered to third reading rules cal.28
01/20/2022passed assembly
01/20/2022delivered to senate
01/20/2022REFERRED TO RULES
02/02/2022SUBSTITUTED FOR S7820
02/02/20223RD READING CAL.184
02/02/2022PASSED SENATE
02/02/2022RETURNED TO ASSEMBLY
02/24/2022delivered to governor
02/24/2022signed chap.39
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A08744 Memo:

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.
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A08744 Text:



 
                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
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