Bill Text: NY A07540 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to regulatory penalties 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.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Passed) 2019-12-20 - approval memo.78 [A07540 Detail]

Download: New_York-2019-A07540-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7540--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 9, 2019
                                       ___________

        Introduced  by M. of A. McDONALD, STIRPE, LUPARDO, WALLACE, BUTTENSCHON,
          McMAHON, WOERNER, JONES, STECK  --  read  once  and  referred  to  the
          Committee  on  Small  Business  -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 penalties for small businesses.  1. Unless explic-
     4  itly  exempted  or excluded by any other law, rule or regulation, upon a
     5  first time violation of a state agency's rules or regulations related to
     6  paperwork submitted to a state agency or actions or omissions  that  are
     7  de  minimus,  a  small business shall be afforded a cure period or other
     8  opportunity for ameliorative action if the violation can  be  corrected,
     9  the successful completion of which will prevent the imposition of penal-
    10  ties  on the party or parties subject to enforcement. However, no waiver
    11  of penalties or cure period or other opportunity for ameliorative action
    12  may be given if the agency determines that the violation resulted  in  a
    13  natural  resource  damage  claim  or  serious  actual  harm, or may have
    14  presented an imminent and substantial  endangerment  to  public  safety,
    15  human health or the environment, is a violation of human or civil rights
    16  law,  results in loss of employee wages or benefits, interferes with any
    17  remedy, review, or resolution related to  harassment  or  discrimination
    18  claims,  was  a willful violation, involved tax fraud, violates require-
    19  ments related to federal funding to the state, relates to state  funding
    20  or  procurement,  is  similar  to  prior  violations,  is  a  penal  law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11565-10-9
        A. 7540--B                          2

     1  violation, or relates to a material or substantive portion of the  busi-
     2  ness.  Upon  such  first violation, a state agency shall (a) provide the
     3  small business with a copy of any applicable small  business  regulation
     4  guides pursuant to section one hundred two-a of the state administrative
     5  procedure act and any other helpful compliance information detailing the
     6  agency's  rules  and  regulations,  or (b) provide an opportunity for an
     7  in-person meeting, teleconference  or  videoconference  with  the  small
     8  business  to  help  assist  such small business with compliance with the
     9  agency's rules and regulations.  The agency shall have the discretion to
    10  determine the appropriate period of time to allow for such  ameliorative
    11  action  to  occur,  which shall be reasonable but shall not be less than
    12  ninety days.
    13    2. As used in this section: (a) "Small business" shall mean a business
    14  which is resident in this state, independently owned and  operated,  not
    15  dominant in its field and employs one hundred or less persons.
    16    (b)  "State agency" shall mean an agency as defined in subdivision one
    17  of section one hundred two of the state  administrative  procedure  act;
    18  provided  that  "state agency" shall not include the department of taxa-
    19  tion and finance but shall also mean the workers' compensation board.
    20    3. Nothing herein shall prevent  or  preclude  any  other  waivers  of
    21  penalties that may be applicable by this or any other agency.
    22    § 2. This act shall take effect immediately.