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A07500 Summary:

COSPNSRGalef, Thiele, Dickens, Davila, Abinanti, Jackson, Santabarbara, Lawler, Brabenec, Tannousis, Manktelow, Mikulin, Angelino, Durso, Salka, Tague, Smullen
Amd §170-c, Exec L; amd §2, Chap 731 of 2019
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.
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A07500 Actions:

05/12/2021referred to small business
05/19/2021reported referred to rules
05/25/2021rules report cal.143
05/25/2021ordered to third reading rules cal.143
05/25/2021passed assembly
05/25/2021delivered to senate
06/02/2021SUBSTITUTED FOR S6642A
06/02/20213RD READING CAL.1300
12/10/2021delivered to governor
12/22/2021signed chap.752
12/22/2021approval memo.115
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A07500 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: 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 busi- nesses, in relation to the effectiveness thereof   PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to reduce regulatory fines on businesses and to create a productive relationship between the state and business owners that will allow them to work closely together.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by adding a new section 170-c to provide a small business with the opportunity to cure for a first violation of such agency's regulations unless explicitly exempted. Violation must be paperwork related, or omissions that are de minimus. A successful completion will prevent the imposition of penalties. However, no waiver may be given if the agency determines the violation resulted in a natural resource damage claim or serious actual harm, or may have presented an imminent and substantial endangerment to public safety, human health or the environment; is a violation of human rights or civil rights law in loss of employee wages or benefits; interferes with any remedy, review, or resolution related to harassment or discrimination claims; was a willful violation; violates requirements related to feder- al funding; relates to state procurement; is similar to other violations; is a penal law violation; or relates to a substantive part of the business. Upon first violation a state agency shall provide the small business with a copy of any applicable small business regulation guide, or provide an in-person meeting, teleconference or videoconfer- ence to help with the small business' compliance with the agency's rules and regulations. The legislation requires each state agency shall provide to the division of small business, to provide certain information for reporting purposes. Section 2 removes the sunset date Section 3 lists the effective date.   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). For small business to effectively abide by state regulations, they should be provided with essential resources such as literature or an in-person meeting that informs the owner(s) of their obligations to New York's state agencies. This includes frequent updates on updated rules or regulations. 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. With the law expiring this year, the goal is to extend it through 2024, but also to require report- ing.   LEGISLATIVE HISTORY: A.7540 - 2020   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately
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