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S07298 Summary:

S07298 Actions:

S07298 Committee Votes:

S07298 Floor Votes:

S07298 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7298
 
                    IN SENATE
 
                                     January 5, 2018
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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; and to amend a chapter
          of the laws of 2017, amending the state administrative procedure  act,
          relating  to providing information on the prevention of common regula-
          tory violations in small business regulation guides,  as  proposed  in
          legislative  bills  numbers  S.  1643  and A. 5779, in relation to the
          effectiveness thereof
 
          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 a chapter of the laws of 2017, amending the state administra-
     3  tive  procedure act, relating to providing information on the prevention
     4  of common regulatory violations in small business regulation guides,  as
     5  proposed in legislative bills numbers S. 1643 and A. 5779, is amended to
     6  read as follows:
     7    §  102-a. Small business regulation guides. 1.  For each rule or group
     8  of related rules which significantly  impact  a  substantial  number  of
     9  small  businesses,  the  agency which adopted the rule shall post on its
    10  website one or more guides explaining the actions a small  business  may
    11  take  to  comply  with  such rule or group of rules if the agency deter-
    12  mines[, in conjunction with the division for small business,] that  such
    13  guide or guides will assist small businesses in complying with the rule,
    14  and  shall  designate  each such posting as a "small business regulation
    15  guide". The guide shall explain the actions a small business may take to
    16  comply with a rule or group of rules, identify any sources  of  informa-
    17  tion  or  assistance  available  to facilitate small business regulatory
    18  compliance, and, where appropriate, include information on (a) the  most
    19  common  regulatory violations that small businesses are cited for by the
    20  agency [and], (b) statistical information on the frequency of violations
    21  of various regulations by small businesses  and  (c)  any  actions  that
    22  small  businesses  can  reasonably  undertake to minimize or prevent the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01840-02-8
        S. 7298                             2
 
     1  occurrence of such violations, including any  relevant  information  and
     2  analysis.
     3    2.  The  agency shall, in its sole discretion, taking into account the
     4  subject matter of the rule and the language of relevant statutes, ensure
     5  that the guide is written using sufficiently plain language that  it  is
     6  likely  to  be  understood  by affected small businesses. Agencies shall
     7  cooperate with [the division for small business and] other  state  agen-
     8  cies  in developing such guides.  [The division for small business shall
     9  oversee and coordinate the preparation of such small business regulation
    10  guides by agencies. An agency shall provide the division at  such  times
    11  and  in  such  format  as  the division may request with (a) statistical
    12  information on the frequency of violations  of  various  regulations  by
    13  small businesses and (b) information and analysis regarding actions that
    14  can  reasonably be undertaken by small businesses to minimize or prevent
    15  the occurrence of such violations.]
    16    § 2. Section 2 of a chapter of the laws of 2017,  amending  the  state
    17  administrative  procedure  act, relating to providing information on the
    18  prevention of common regulatory violations in small business  regulation
    19  guides, as proposed in legislative bills numbers S. 1643 and A. 5779, is
    20  amended to read as follows:
    21    §  2.  This  act  shall  take  effect  [immediately] on April 1, 2019;
    22  provided, however, that any small business  regulation  guide  that  was
    23  issued six months prior to such date shall be reviewed by the agency and
    24  updated as appropriate not later than one hundred eighty days after such
    25  date.
    26    §  3.  This  act  shall take effect immediately; provided however that
    27  section one of this act shall take effect on the same date  and  in  the
    28  same  manner as a chapter of the laws of 2017, amending the state admin-
    29  istrative procedure  act,  relating  to  providing  information  on  the
    30  prevention  of common regulatory violations in small business regulation
    31  guides, as proposed in legislative bills numbers S. 1643  and  A.  5779,
    32  takes effect.