Bill Text: NY A01143 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Establishes an amnesty and fine discount program for small businesses who were forced to shut down during the COVID-19 pandemic because of the inability to pay a fine or summons for a violation from certain departments or offices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to small business [A01143 Detail]

Download: New_York-2023-A01143-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1143

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Small Business

        AN ACT to establish an amnesty and fine discount program for small busi-
          nesses  who  were  forced  to  shut  down during the COVID-19 pandemic
          because of the inability to pay a fine or summons for a violation from
          certain departments or offices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  there  shall  be  established  an  amnesty and fine discount program for
     3  small business owners in the  state  who  have  received  a  summons  or
     4  violation  resulting  in a fine during the COVID-19 state disaster emer-
     5  gency declared by executive order 202 that began on March 7, 2020.  Such
     6  program shall provide relief for small business owners who have received
     7  a fine during the COVID-19 state disaster emergency and who, as a result
     8  of  not  being able to pay such fine, have defaulted or have been forced
     9  to permanently close his or her small business.
    10    § 2. Such amnesty and fine discount program shall be  administered  by
    11  the  department  of  taxation and finance and shall cover fines received
    12  for violations from the department  of  transportation,  the  office  of
    13  parks,  recreation  and  historic preservation, the department of state,
    14  the department of health, the department of mental hygiene and the state
    15  fire prevention and building code council. The  department  of  taxation
    16  and  finance,  in  consultation  with  the  department or office who has
    17  issued the original fine or summons, shall determine  on  an  individual
    18  basis  whether  a  small business shall qualify for the amnesty and fine
    19  discount program as established pursuant to this act.
    20    § 3. If a small business is determined to qualify for the amnesty  and
    21  fine  discount  program  pursuant to section two of this act, such small
    22  business shall be amnestied from any extra  fees  and  interest  arising
    23  from  penalties  received during the COVID-19 pandemic which resulted in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01116-01-3
        A. 1143                             2

     1  such small business defaulting or permanently  closing,  as  well  as  a
     2  twenty-five percent reduction of the original fine that was issued. Such
     3  small  business  shall  then  have  three months to pay the reduced fine
     4  amount.  If  such  small  business  does not pay the reduced fine amount
     5  within the three-month time period, the original fine  amount  plus  the
     6  fees and interest shall be added back and become due immediately.
     7    §  4. For purposes of this act, "small business" shall mean a business
     8  which is resident in the state, independently owned  and  operated,  not
     9  dominant in its field and employs one hundred or less persons.
    10    § 5. The department of taxation and finance shall promulgate rules and
    11  regulations  as  necessary  to  implement  the amnesty and fine discount
    12  program pursuant to this act.
    13    § 6. This act shall take effect immediately.