Bill Text: NY S06800 | 2019-2020 | General Assembly | Amended

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 3-0)

Status: (Engrossed) 2020-03-11 - referred to small business [S06800 Detail]

Download: New_York-2019-S06800-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                    October 23, 2019

        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6800--A                          2

     1  economic development law.  The secretary of state shall publish a notice
     2  of such determination identifying the website in the state register.
     3    §  2.  The economic development law is amended by adding a new section
     4  138-a to read as follows:
     5    § 138-a. Small business compliance guide.  1. The division for  small-
     6  business  shall compile and publish a small business compliance guide by
     7  January thirty-first each year in consultation with any  other  relevant
     8  state agency, department, office, division, board, bureau, commission or
     9  authority.  Such  guide shall inform small business owners and operators
    10  of statutory and regulatory changes that have taken  effect  within  the
    11  previous  calendar  year. Such guide shall include but not be limited to
    12  information regarding permits,  licenses,  taxes,  insurance,  workplace
    13  safety,  workers'  compensation,  wages, hours, and benefits. Such guide
    14  shall describe any statutory and regulatory changes in plain and common-
    15  ly understood terms and shall aid the reader in understanding the statu-
    16  tory and regulatory changes and shall limit the use of  technical  terms
    17  whenever  possible.  Such  guide  shall also include appropriate contact
    18  information for relevant state agencies.
    19    2. The commissioner shall publish such small business compliance guide
    20  on the division for small-business's website. The division for small-bu-
    21  siness shall annually engage in a public awareness campaign. Such public
    22  awareness campaign may utilize public  forums,  social  media  and  mass
    23  media, including but not limited to internet, radio, and print advertis-
    24  ing  and  shall  include  materials  and information on the division for
    25  small-business's website. The division for small-business shall  coordi-
    26  nate  with  relevant  statewide and regional business advocacy organiza-
    27  tions. The campaign shall be tailored to educate small  business  owners
    28  and  operators  regarding the availability of the small business compli-
    29  ance guide and resources available to assist small businesses and opera-
    30  tors with complying with statutory and regulatory changes.
    31    § 3. This act shall take effect immediately.