Senate Bill S4120B

Vetoed By Governor
2017-2018 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8205 - 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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Actions
Votes

Bill Amendments

co-Sponsors

2017-S4120 - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S5815, A7540

2017-S4120 - 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-S4120 - Sponsor Memo

2017-S4120 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4120
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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

2017-S4120A - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S5815, A7540

2017-S4120A - 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-S4120A - Sponsor Memo

2017-S4120A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4120--A
     Cal. No. 1052
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sens. AKSHAR, AMEDORE, BONACIC, CROCI, GALLIVAN, GOLDEN,
   HANNON, HELMING, MURPHY, RANZENHOFER, SEWARD -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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.
                                                            LBD04066-03-7

co-Sponsors

2017-S4120B (ACTIVE) - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S5815, A7540

2017-S4120B (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-S4120B (ACTIVE) - Sponsor Memo

2017-S4120B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4120--B
     Cal. No. 924
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sens. AKSHAR, AMEDORE, BONACIC, CROCI, GALLIVAN, GOLDEN,
   HANNON, HELMING, MURPHY, PHILLIPS, RANZENHOFER, SEWARD --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading -- recom-
   mitted to the Committee on Finance in accordance with Senate  Rule  6,
   sec.  8 -- committee discharged and said bill committed to the Commit-
   tee on Rules -- reported favorably from said committee, ordered  to  a
   third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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