STATE OF NEW YORK
________________________________________________________________________
9275
IN ASSEMBLY
February 13, 2012
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Governmental Operations
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 1mended 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
24 in developing such guides. The division for small business shall over-
25 see and coordinate the preparation of such small business regulation
26 guides by agencies. An agency shall provide the division at such times
27 and in such format as the division may request with (a) statistical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14127-02-2
A. 9275 2
1 information on the frequency of violations of various regulations by
2 small businesses and (b) information and analysis regarding actions that
3 can reasonably be undertaken by small businesses to minimize or prevent
4 the occurrence of such violations.
5 § 2. This act shall take effect immediately.
