Bill Text: NY A10769 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the division for small-business to publish a small business compliance guide and post such guide to the division for small-business's website.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-12-02 - VETOED MEMO.72 [A10769 Detail]

Download: New_York-2019-A10769-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10769

                   IN ASSEMBLY

                                      July 9, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Stirpe) --
          read once and referred to the Committee on Small Business

        AN ACT to amend the state administrative procedure act and the  economic
          development law, in relation to requiring the division for small-busi-
          ness to publish a small business compliance guide

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

     1    Section 1. Subdivisions 1 and 2 of section 202-e of the state adminis-
     2  trative procedure act, subdivision 1 as amended by chapter  253  of  the
     3  laws  of  2005  and subdivision 2 as added by chapter 730 of the laws of
     4  2004, are amended to read as follows:
     5    1. Not less than once each year, every  agency  shall  submit  to  the
     6  secretary  of  state for publication in the state register a list of all
     7  guidance documents on which the agency  currently  relies,  and  provide
     8  information on where and how regulated parties and members of the public
     9  may  inspect  and obtain copies of any such document; provided, however,
    10  that the department of environmental conservation shall be  exempt  from
    11  the  requirements  of this subdivision.  Guidance published according to
    12  section one hundred thirty-eight-a of the economic development law shall
    13  be published in the state register. Unless  otherwise  provided  for  by
    14  law,  an  agency  may  make  such documents available as provided in the
    15  freedom of information law, and may charge fees pursuant to such law for
    16  copies of any such document.
    17    2. The secretary of state may exempt an agency  from  compliance  with
    18  the requirements of subdivision one of this section upon a determination
    19  that  the agency has published on its website the full text of all guid-
    20  ance documents on which it currently relies except  for  guidance  docu-
    21  ments  published  according to section one hundred thirty-eight-a of the
    22  economic development law.  The secretary of state shall publish a notice
    23  of such determination identifying the website in the state register.
    24    § 2. The economic development law is amended by adding a  new  section
    25  138-a to read as follows:
    26    §  138-a. Small business compliance guide.  1. The division for small-
    27  business shall compile and publish a small business compliance guide  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13976-03-0
        A. 10769                            2

     1  January  thirty-first  each year in consultation with any other relevant
     2  state agency, department, office, division, board, bureau, commission or
     3  authority. Such guide shall inform small business owners  and  operators
     4  of  statutory  and  regulatory changes that have taken effect within the
     5  previous calendar year. Such guide shall include but not be  limited  to
     6  information  regarding  permits,  licenses,  taxes, insurance, workplace
     7  safety, workers' compensation, wages, hours, and  benefits.  Such  guide
     8  shall describe any statutory and regulatory changes in plain and common-
     9  ly understood terms and shall aid the reader in understanding the statu-
    10  tory  and  regulatory changes and shall limit the use of technical terms
    11  whenever possible. Such guide shall  also  include  appropriate  contact
    12  information for relevant state agencies.
    13    2. The commissioner shall publish such small business compliance guide
    14  on the division for small-business's website. The division for small-bu-
    15  siness shall annually engage in a public awareness campaign. Such public
    16  awareness  campaign  may  utilize  public  forums, social media and mass
    17  media, including but not limited to internet, radio, and print advertis-
    18  ing and shall include materials and  information  on  the  division  for
    19  small-business's  website. The division for small-business shall coordi-
    20  nate with relevant statewide and regional  business  advocacy  organiza-
    21  tions.  The  campaign shall be tailored to educate small business owners
    22  and operators regarding the availability of the small  business  compli-
    23  ance guide and resources available to assist small businesses and opera-
    24  tors with complying with statutory and regulatory changes.
    25    § 3. This act shall take effect immediately.