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.
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.
