Bill Text: NY A00714 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 714 (Prior Session Legislation)

Introduced

Bill Title: Requires the secretary of state and the commissioner of consumer affairs to issue a warning to a small business prior to imposing a fine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A00714 Detail]

Download: New_York-2015-A00714-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          714
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT to amend the administrative code of the city of New York and the
         executive law, in relation to issuing a warning to  a  small  business
         prior to imposing a fine
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 20-104 of the administrative code of  the  city  of
    2  New York is amended by adding a new subdivision h to read as follows:
    3    H.  PRIOR  TO  IMPOSING ANY FINE ON A SMALL BUSINESS, THE COMMISSIONER
    4  SHALL ISSUE TO SUCH SMALL  BUSINESS  A  WARNING  GIVING  NOTICE  OF  THE
    5  PROVISION  OR  PROVISIONS  SUCH  SMALL  BUSINESS HAS BEEN FOUND TO BE IN
    6  VIOLATION OF. SUCH SMALL BUSINESS SHALL HAVE THIRTY DAYS DURING WHICH TO
    7  COMPLY WITH SUCH PROVISION OR PROVISIONS, AFTER  WHICH,  IF  SUCH  SMALL
    8  BUSINESS  IS  STILL  FOUND  TO  BE  IN  VIOLATION  OF  SUCH PROVISION OR
    9  PROVISIONS, THE COMMISSIONER SHALL IMPOSE A FINE.
   10    FOR THE PURPOSES OF THIS SECTION, "SMALL BUSINESS" MEANS ANY  BUSINESS
   11  WHICH IS RESIDENT IN THE CITY OF NEW YORK, INDEPENDENTLY OWNED AND OPER-
   12  ATED, AND EMPLOYS ONE HUNDRED OR LESS INDIVIDUALS.
   13    S  2.  Section  94-a  of  the executive law is amended by adding a new
   14  subdivision 6 to read as follows:
   15    6. PRIOR WARNING NOTICE. PRIOR TO IMPOSING ANY FINE ON A  SMALL  BUSI-
   16  NESS,  THE SECRETARY SHALL ISSUE TO SUCH SMALL BUSINESS A WARNING GIVING
   17  NOTICE OF THE PROVISION OR PROVISIONS SUCH SMALL BUSINESS HAS BEEN FOUND
   18  TO BE IN VIOLATION OF. SUCH SMALL BUSINESS SHALL HAVE THIRTY DAYS DURING
   19  WHICH TO COMPLY WITH SUCH PROVISION OR PROVISIONS, AFTER WHICH, IF  SUCH
   20  SMALL  BUSINESS  IS  STILL FOUND TO BE IN VIOLATION OF SUCH PROVISION OR
   21  PROVISIONS, THE SECRETARY SHALL IMPOSE A FINE.
   22    FOR THE PURPOSES OF THIS SUBDIVISION, "SMALL BUSINESS" MEANS ANY BUSI-
   23  NESS WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND  OPERATED,
   24  AND EMPLOYES ONE HUNDRED OR LESS INDIVIDUALS.
   25    S  3.  This  act shall take effect on the thirtieth day after it shall
   26  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02893-01-5