Senate Bill S5815C

Signed By Governor
2019-2020 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7540 - Signed by Governor

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2019-S5815 - Details

See Assembly Version of this Bill:
A7540
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S4120, A8205

2019-S5815 - Summary

Relates to regulatory penalties 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.

2019-S5815 - Sponsor Memo

2019-S5815 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5815
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sens.  KAPLAN, 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,  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, VIOLATED HUMAN OR CIVIL RIGHTS LAW, OR IS A PENAL LAW VIOLATION.
 THE CURE PERIOD SHALL NOT INTERFERE WITH THE RESOLUTION OF HARASSMENT OR
 DISCRIMINATION CLAIMS. UPON SUCH FIRST VIOLATION, A STATE  AGENCY  SHALL
 (A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL BUSI-
 NESS  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 PERI-
 OD IS NOT LESS THAN NINETY DAYS.
   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.

co-Sponsors

2019-S5815A - Details

See Assembly Version of this Bill:
A7540
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S4120, A8205

2019-S5815A - Summary

Relates to regulatory penalties 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.

2019-S5815A - Sponsor Memo

2019-S5815A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5815--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sens.  KAPLAN, AKSHAR -- read twice and ordered printed,
   and when printed to be  committed  to  the  Committee  on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation to  regulatory  penalties
   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 PENALTIES FOR SMALL BUSINESSES.  1. UNLESS EXPLIC-
 ITLY  EXEMPTED  OR EXCLUDED BY ANY OTHER LAW, RULE OR REGULATION, UPON A
 FIRST TIME VIOLATION OF A STATE AGENCY'S RULES OR REGULATIONS RELATED TO
 PAPERWORK SUBMITTED TO A STATE AGENCY OR ACTIONS OR OMISSIONS  THAT  ARE
 DE  MINIMUS,  A  SMALL BUSINESS SHALL BE AFFORDED A CURE PERIOD OR OTHER
 OPPORTUNITY FOR AMELIORATIVE ACTION IF THE VIOLATION CAN  BE  CORRECTED,
 THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENAL-
 TIES  ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT. HOWEVER, NO WAIVER
 OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION
 MAY BE GIVEN IF  THE  AGENCY  DETERMINES  THAT  THE  VIOLATION  DIRECTLY
 AFFECTED  PUBLIC HEALTH, ENVIRONMENT, SAFETY, IS A VIOLATION OF HUMAN OR
 CIVIL RIGHTS LAW RESULTS IN LOSS OF EMPLOYEE WAGES OR  BENEFITS,  INTER-
 FERES  WITH  ANY  REMEDY, REVIEW, OR RESOLUTION RELATED TO HARASSMENT OR
 DISCRIMINATION CLAIMS, WAS A  WILLFUL  VIOLATION,  INVOLVED  TAX  FRAUD,
 VIOLATES  REQUIREMENTS  RELATED TO FEDERAL FUNDING TO THE STATE, RELATES
 TO STATE FUNDING OR PROCUREMENT, IS SIMILAR TO PRIOR  VIOLATIONS,  IS  A
 PENAL  LAW VIOLATION, OR RELATES TO A MATERIAL OR SUBSTANTIVE PORTION OF
 THE BUSINESS. 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 INFORMA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S5815B - Details

See Assembly Version of this Bill:
A7540
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S4120, A8205

2019-S5815B - Summary

Relates to regulatory penalties 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.

2019-S5815B - Sponsor Memo

2019-S5815B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5815--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sens.  KAPLAN, AKSHAR -- read twice and ordered printed,
   and when printed to be  committed  to  the  Committee  on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to amend the executive law, in relation to regulatory penalties
   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 PENALTIES FOR SMALL BUSINESSES.  1. UNLESS EXPLIC-
 ITLY EXEMPTED OR EXCLUDED BY ANY OTHER LAW, RULE OR REGULATION,  UPON  A
 FIRST TIME VIOLATION OF A STATE AGENCY'S RULES OR REGULATIONS RELATED TO
 PAPERWORK  SUBMITTED  TO A STATE AGENCY OR ACTIONS OR OMISSIONS THAT ARE
 DE MINIMUS, A SMALL BUSINESS SHALL BE AFFORDED A CURE  PERIOD  OR  OTHER
 OPPORTUNITY  FOR  AMELIORATIVE ACTION IF THE VIOLATION CAN BE CORRECTED,
 THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENAL-
 TIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT. HOWEVER, NO  WAIVER
 OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION
 MAY  BE  GIVEN IF THE AGENCY DETERMINES THAT THE VIOLATION RESULTED IN A
 NATURAL RESOURCE DAMAGE CLAIM  OR  SERIOUS  ACTUAL  HARM,  OR  MAY  HAVE
 PRESENTED  AN  IMMINENT  AND  SUBSTANTIAL ENDANGERMENT TO PUBLIC SAFETY,
 HUMAN HEALTH OR THE ENVIRONMENT, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS
 LAW RESULTS IN LOSS OF EMPLOYEE WAGES OR BENEFITS, INTERFERES  WITH  ANY
 REMEDY,  REVIEW,  OR  RESOLUTION RELATED TO HARASSMENT OR DISCRIMINATION
 CLAIMS, WAS A WILLFUL VIOLATION, INVOLVED TAX FRAUD,  VIOLATES  REQUIRE-
 MENTS  RELATED TO FEDERAL FUNDING TO THE STATE, RELATES TO STATE FUNDING
 OR  PROCUREMENT,  IS  SIMILAR  TO  PRIOR  VIOLATIONS,  IS  A  PENAL  LAW
 VIOLATION,  OR RELATES TO A MATERIAL OR SUBSTANTIVE PORTION OF THE BUSI-
 NESS. UPON SUCH FIRST VIOLATION, A STATE AGENCY SHALL  (A)  PROVIDE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S5815C (ACTIVE) - Details

See Assembly Version of this Bill:
A7540
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S4120, A8205

2019-S5815C (ACTIVE) - Summary

Relates to regulatory penalties 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.

2019-S5815C (ACTIVE) - Sponsor Memo

2019-S5815C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5815--C
     Cal. No. 1349
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced by Sens. KAPLAN, AKSHAR, LIU -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee discharged and said bill committed to the Committee on Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, 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 PENALTIES FOR SMALL BUSINESSES.  1. UNLESS EXPLIC-
 ITLY EXEMPTED OR EXCLUDED BY ANY OTHER LAW, RULE OR REGULATION,  UPON  A
 FIRST TIME VIOLATION OF A STATE AGENCY'S RULES OR REGULATIONS RELATED TO
 PAPERWORK  SUBMITTED  TO A STATE AGENCY OR ACTIONS OR OMISSIONS THAT ARE
 DE MINIMUS, A SMALL BUSINESS SHALL BE AFFORDED A CURE  PERIOD  OR  OTHER
 OPPORTUNITY  FOR  AMELIORATIVE ACTION IF THE VIOLATION CAN BE CORRECTED,
 THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENAL-
 TIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT. HOWEVER, NO  WAIVER
 OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION
 MAY  BE  GIVEN IF THE AGENCY DETERMINES THAT THE VIOLATION RESULTED IN A
 NATURAL RESOURCE DAMAGE CLAIM  OR  SERIOUS  ACTUAL  HARM,  OR  MAY  HAVE
 PRESENTED  AN  IMMINENT  AND  SUBSTANTIAL ENDANGERMENT TO PUBLIC SAFETY,
 HUMAN HEALTH OR THE ENVIRONMENT, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS
 LAW, RESULTS IN LOSS OF EMPLOYEE WAGES OR BENEFITS, INTERFERES WITH  ANY
 REMEDY,  REVIEW,  OR  RESOLUTION RELATED TO HARASSMENT OR DISCRIMINATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.