Bill Text: NY A08205 | 2017-2018 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 12-6)

Status: (Vetoed) 2018-12-07 - tabled [A08205 Detail]

Download: New_York-2017-A08205-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         8205--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 2, 2017
                                       ___________
        Introduced by M. of A. McDONALD, JENNE, LUPARDO, CRESPO, D'URSO, MONTES-
          ANO,  RAIA,  CROUCH, WOERNER, STECK, JONES -- Multi-Sponsored by -- M.
          of A. MAGEE, MURRAY, SIMON -- read once and referred to the  Committee
          on  Small  Business  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to the Committee on Small Business in accordance with Assembly Rule 3,
          sec.  2  --  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  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
    16  with  the  agency's  rules  and regulations.   The agency shall have the
    17  discretion to determine the appropriate period of time to allow for such
    18  ameliorative action to occur, provided such  period  is  not  less  than
    19  ninety days.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04066-05-8
        A. 8205--B                          2
     1    2.  "Small  business"  as  used  in this section shall mean a business
     2  which is resident in this state, independently owned and  operated,  not
     3  dominant in its field and employs one hundred or less persons.
     4    § 2. This act shall take effect immediately.