S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9275

                          I N  A S S E M B L Y

                            February 13, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  providing  information  on  the  prevention   of   common   regulatory
  violations in small business regulation guides

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 102-a of the state administrative procedure act, as
amended by section 3 of part O of chapter 60 of the  laws  of  2011,  is
1mended to read as follows:
  S 102-a.  Small  business regulation guides. 1. For each rule or group
of related rules which significantly  impact  a  substantial  number  of
small  businesses,  the  agency which adopted the rule shall post on its
website one or more guides explaining the actions a small  business  may
take  to  comply  with  such  rule  or  group  of  rules  if  the agency
determines, IN CONJUNCTION WITH THE DIVISION FOR  SMALL  BUSINESS,  that
such  guide or guides will assist small businesses in complying with the
rule, and shall designate each such posting as a "small  business  regu-
lation  guide". The guide shall explain the actions a small business may
take to comply with a rule or group of rules, IDENTIFY  ANY  SOURCES  OF
INFORMATION OR ASSISTANCE AVAILABLE TO FACILITATE SMALL BUSINESS REGULA-
TORY  COMPLIANCE, AND, WHERE APPROPRIATE, INCLUDE INFORMATION ON (A) THE
MOST COMMON REGULATORY VIOLATIONS THAT SMALL BUSINESSES ARE CITED FOR BY
THE AGENCY AND (B) ANY ACTIONS  THAT  SMALL  BUSINESSES  CAN  REASONABLY
UNDERTAKE TO MINIMIZE OR PREVENT THE OCCURRENCE OF SUCH VIOLATIONS.
  2.  The  agency shall, in its sole discretion, taking into account the
subject matter of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language that  it  is
likely  to  be  understood  by affected small businesses. Agencies shall
cooperate with THE DIVISION FOR SMALL BUSINESS AND other state  agencies
in  developing such guides.  THE DIVISION FOR SMALL BUSINESS SHALL OVER-
SEE AND COORDINATE THE PREPARATION OF  SUCH  SMALL  BUSINESS  REGULATION
GUIDES  BY  AGENCIES. AN AGENCY SHALL PROVIDE THE DIVISION AT SUCH TIMES
AND IN SUCH FORMAT AS THE DIVISION  MAY  REQUEST  WITH  (A)  STATISTICAL

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

                                                           LBD14127-02-2

A. 9275                             2

INFORMATION  ON  THE  FREQUENCY  OF VIOLATIONS OF VARIOUS REGULATIONS BY
SMALL BUSINESSES AND (B) INFORMATION AND ANALYSIS REGARDING ACTIONS THAT
CAN REASONABLY BE UNDERTAKEN BY SMALL BUSINESSES TO MINIMIZE OR  PREVENT
THE OCCURRENCE OF SUCH VIOLATIONS.
  S 2. This act shall take effect immediately.