Assembly Bill A8205

Vetoed By Governor
2017-2018 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2017-A8205 - Details

Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540

2017-A8205 - Summary

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.

2017-A8205 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8205
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Small Business
 
 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:

   Section  1. The executive law is amended by adding a new section 170-c
 to read as follows:
   § 170-C. REGULATORY FINES FOR SMALL BUSINESSES.    1.  NOTWITHSTANDING
 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO STATE AGENCY SHALL
 FINE  A  SMALL  BUSINESS  FOR  A  FIRST VIOLATION OF SUCH AGENCY'S REGU-
 LATIONS. UPON SUCH FIRST VIOLATION, A STATE  AGENCY  SHALL  (A)  PROVIDE
 LITERATURE DETAILING THE AGENCY'S REGULATIONS TO SUCH SMALL BUSINESS, OR
 (B)  HOLD  AN  IN-PERSON  MEETING WITH THE SMALL BUSINESS INFORMING SUCH
 SMALL BUSINESS OF THE AGENCY'S REGULATIONS.
   2. "SMALL BUSINESS" AS USED IN THIS  SECTION  SHALL  MEAN  A  BUSINESS
 WHICH  IS  RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT
 DOMINANT IN ITS FIELD AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04066-01-7

co-Sponsors

multi-Sponsors

2017-A8205A - Details

Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540

2017-A8205A - Summary

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.

2017-A8205A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8205--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee  on  Small Business -- 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:
 
   Section 1. The executive law is amended by adding a new section  170-c
 to read as follows:
   §  170-C.  REGULATORY  FINES FOR SMALL BUSINESSES.  1. NOTWITHSTANDING
 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO STATE AGENCY SHALL
 FINE A SMALL BUSINESS FOR A FIRST VIOLATION OF SUCH  AGENCY'S  RULES  OR
 REGULATIONS,  UNLESS  THE  AGENCY DETERMINES THAT THE VIOLATION DIRECTLY
 AFFECTED PUBLIC HEALTH OR SAFETY.  UPON SUCH FIRST  VIOLATION,  A  STATE
 AGENCY  SHALL (A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICA-
 BLE SMALL BUSINESS REGULATION GUIDES PURSUANT  TO  SECTION  ONE  HUNDRED
 TWO-A  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT AND ANY OTHER HELPFUL
 COMPLIANCE INFORMATION DETAILING THE AGENCY'S RULES AND REGULATIONS,  OR
 (B)  HOLD  AN  IN-PERSON  MEETING WITH THE SMALL BUSINESS TO HELP ASSIST
 SUCH SMALL BUSINESS WITH COMPLIANCE WITH THE AGENCY'S  RULES  AND  REGU-
 LATIONS.
   2.  "SMALL  BUSINESS"  AS  USED  IN THIS SECTION SHALL MEAN A BUSINESS
 WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND  OPERATED,  NOT
 DOMINANT IN ITS FIELD AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04066-04-7

co-Sponsors

multi-Sponsors

2017-A8205B (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540

2017-A8205B (ACTIVE) - Summary

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.

2017-A8205B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8205--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The executive law is amended by adding a new section  170-c
 to read as follows:
   §  170-C.  REGULATORY  FINES FOR SMALL BUSINESSES.  1. NOTWITHSTANDING
 ANY OTHER LAW, RULE OR REGULATION  TO  THE  CONTRARY,  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,  THE  SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION
 OF PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT, UNLESS  THE
 AGENCY  DETERMINES THAT THE VIOLATION DIRECTLY AFFECTED PUBLIC HEALTH OR
 SAFETY.  UPON SUCH FIRST VIOLATION, A STATE AGENCY SHALL (A) PROVIDE THE
 SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL  BUSINESS  REGULATION
 GUIDES PURSUANT TO SECTION ONE HUNDRED TWO-A OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT AND ANY OTHER HELPFUL COMPLIANCE INFORMATION DETAILING THE
 AGENCY'S  RULES  AND  REGULATIONS, OR (B) HOLD AN IN-PERSON MEETING WITH
 THE SMALL BUSINESS TO HELP ASSIST SUCH SMALL  BUSINESS  WITH  COMPLIANCE
 WITH  THE  AGENCY'S  RULES  AND REGULATIONS.   THE AGENCY SHALL HAVE THE
 DISCRETION TO DETERMINE THE APPROPRIATE PERIOD OF TIME TO ALLOW FOR SUCH
 AMELIORATIVE ACTION TO OCCUR, PROVIDED SUCH  PERIOD  IS  NOT  LESS  THAN
 NINETY DAYS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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