NY State Senate Bill 2019-S6800

Senate Bill S6800

Vetoed By Governor

2019-2020 Legislative Session

Requires the division for small-business to publish a small business compliance guide

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 02, 2020	vetoed memo.72
Nov 20, 2020	delivered to governor
Jul 21, 2020	returned to senate passed assembly ordered to third reading rules cal.216 substituted for a10769
Mar 11, 2020	referred to small business delivered to assembly passed senate
Mar 10, 2020	advanced to third reading
Mar 04, 2020	2nd report cal.
Mar 03, 2020	1st report cal.532
Jan 08, 2020	referred to commerce, economic development and small business
Nov 15, 2019	print number 6800a
Nov 15, 2019	amend (t) and recommit to rules
Oct 23, 2019	referred to rules

Votes

- Mar 11, 2020 - Floor Vote
  S6800
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 11, 2020
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (4)
      
      Breslin
      
      Felder
      
      Ranzenhofer
      
      Salazar
  Mar 3, 2020 - Commerce, Economic Development And Small Business Committee Vote
  S6800
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 3, 2020
      
      aye (9)
      
      Bailey
      
      Borrello
      
      Boyle
      
      Felder
      
      Gaughran
      
      Helming
      
      Kaplan
      
      Persaud
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2019-S6800 - Details

Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-e, St Ad Proc Act; add §102-a, Exec L

2019-S6800 - Summary

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.

2019-S6800 - Sponsor Memo

                                
 
BILL NUMBER: S6800

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the state administrative procedure act
and the executive law, in relation to requiring the secretary of state
to publish a small business compliance guide

 
PURPOSE:

The purpose of this legislation is for the Secretary of State to compile
and publish a small business guide which catalogues the statutory and
regulatory changes of the previous year in plain and commonly understood
terms.

 
SUMMARY OF PROVISIONS:

Section 1- Amends subdivisions 1 and 2 of section 202-e of the state
administrative procedure act to require that annually a small business
compliance guide be published in the state register.  Additionally, this
section requires that the small business compliance guide be published
in the state register regardless of the guide's availability on the

Department of State's website.

Section 2 - The executive law is amended to include a new section 102-a.
Under this section the Secretary of State is required to publish a small
business compliance guide by January 31' of each year in consultation
with the Division of Small Business at the Empire State Development
Corporation and any other relevant state agency.  The guide will inform
small business owners of statutory and regulatory changes that have
taken effect in the previous year. The guide may include but is not
limited to changes regarding permits, licenses, taxes, insurance, work-
place safety, compensation, wages, hours, and benefits. The guide will
also include the appropriate contact information for each state agency.
The guide must describe any statutory or regulatory changes in plain and
commonly understood terms and limit technical terms whenever possible.
The Secretary shall publish the guide on the department's website. The
secretary shall also engage in a public awareness campaign coordinating
with relevant statewide and regional business advocacy organizations.
The public awareness campaign should educate small business owners about
the availability of the guide and other resources available to assist
small businesses with compliance.

Section 3 - Effective Date - One year after this bill shall become a
law.

 
EXISTING LAW:

Under the current law, New York State is not statutorily required to
create a small business compliance guide informing business owners of
statutory and regulatory changes in one easy-to-understand guidance
document.

The current law requires every agency to submit to the Secretary of
State a list of all guidance documents on which the agency relies and
how the public may obtain such documents. The law also exempts such
guidance documents from publication in the state register if the guid-
ance documents are available on the agency's website.

 
JUSTIFICATION:
Small businesses must comply with many local, state, and federal laws
and regulations. Each year the legislature and relevant state agencies
change both the law and corresponding regulations. Changes to the laws
and regulations are often conveyed in formal, technical, and complex
jargon. Keeping up with these changes can be a burdensome task for any
business owner. This legislation seeks to ease that burden by collecting
many of the statutory and regulatory changes of the previous year in a
"small business compliance guide". This guide will take complex and
technical changes and convey them in understandable and commonly under-
stood language. This legislation will make it easier for small business
owners to have one resource to consult regarding changes the law and
regulations.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall become a law.

2019-S6800 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6800
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 23, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state administrative procedure act and the executive
   law, in relation to requiring the secretary  of  state  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:
 
   Section 1. Subdivisions 1 and 2 of section 202-e of the state adminis-
 trative procedure act, subdivision 1 as amended by chapter  253  of  the
 laws  of  2005  and subdivision 2 as added by chapter 730 of the laws of
 2004, are amended to read as follows:
   1. Not less than once each year, every  agency  shall  submit  to  the
 secretary  of  state for publication in the state register a list of all
 guidance documents on which the agency  currently  relies,  and  provide
 information on where and how regulated parties and members of the public
 may  inspect  and obtain copies of any such document; provided, however,
 that the department of environmental conservation shall be  exempt  from
 the  requirements  of this subdivision.  GUIDANCE PUBLISHED ACCORDING TO
 SECTION ONE HUNDRED TWO-A OF THE EXECUTIVE LAW SHALL BE PUBLISHED IN THE
 STATE REGISTER. Unless otherwise provided for by law, an agency may make
 such documents available as provided in the freedom of information  law,
 and  may  charge  fees pursuant to such law for copies of any such docu-
 ment.
   2. The secretary of state may exempt an agency  from  compliance  with
 the requirements of subdivision one of this section upon a determination
 that  the agency has published on its website the full text of all guid-
 ance documents on which it currently relies EXCEPT  FOR  GUIDANCE  DOCU-
 MENTS  PUBLISHED ACCORDING TO SECTION ONE HUNDRED TWO-A OF THE EXECUTIVE
 LAW.  The secretary of state shall publish a  notice  of  such  determi-
 nation identifying the website in the state register.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13976-01-9

 S. 6800                             2
 
   §  2.  The  executive  law is amended by adding a new section 102-a to
 read as follows:
   §  102-A.  SMALL BUSINESS COMPLIANCE GUIDE.  1. THE SECRETARY OF STATE
 SHALL COMPILE AND PUBLISH A SMALL BUSINESS COMPLIANCE GUIDE  BY  JANUARY
 THIRTY-FIRST  EACH YEAR IN CONSULTATION WITH THE DIVISION OF SMALL BUSI-
 NESS AT THE EMPIRE STATE DEVELOPMENT CORPORATION AND ANY OTHER  RELEVANT
 STATE AGENCY, DEPARTMENT, OFFICE, DIVISION, BOARD, BUREAU, COMMISSION OR
 AUTHORITY.  SUCH  GUIDE SHALL INFORM SMALL BUSINESS OWNERS AND OPERATORS
 OF STATUTORY AND REGULATORY CHANGES THAT HAVE TAKEN  EFFECT  WITHIN  THE
 PREVIOUS  CALENDAR  YEAR. SUCH GUIDE SHALL INCLUDE BUT NOT BE LIMITED TO
 INFORMATION REGARDING PERMITS,  LICENSES,  TAXES,  INSURANCE,  WORKPLACE
 SAFETY,  WORKERS'  COMPENSATION,  WAGES, HOURS, AND BENEFITS. SUCH GUIDE
 SHALL DESCRIBE ANY STATUTORY AND REGULATORY CHANGES IN PLAIN AND COMMON-
 LY UNDERSTOOD TERMS AND SHALL AID THE READER IN UNDERSTANDING THE STATU-
 TORY AND REGULATORY CHANGES AND SHALL LIMIT THE USE OF  TECHNICAL  TERMS
 WHENEVER  POSSIBLE.  SUCH  GUIDE  SHALL ALSO INCLUDE APPROPRIATE CONTACT
 INFORMATION FOR RELEVANT STATE AGENCIES.
   2. THE SECRETARY OF STATE SHALL PUBLISH SUCH SMALL BUSINESS COMPLIANCE
 GUIDE ON THE DEPARTMENT OF STATE'S WEBSITE. THE SECRETARY OF STATE SHALL
 ANNUALLY ENGAGE IN A PUBLIC AWARENESS CAMPAIGN.  SUCH  PUBLIC  AWARENESS
 CAMPAIGN MAY UTILIZE PUBLIC FORUMS, SOCIAL MEDIA AND MASS MEDIA, INCLUD-
 ING  BUT NOT LIMITED TO INTERNET, RADIO, AND PRINT ADVERTISING AND SHALL
 INCLUDE MATERIALS AND INFORMATION ON THE DEPARTMENT OF STATE'S  WEBSITE.
 THE  SECRETARY  OF  STATE  SHALL  COORDINATE WITH RELEVANT STATEWIDE AND
 REGIONAL BUSINESS ADVOCACY ORGANIZATIONS. THE CAMPAIGN SHALL BE TAILORED
 TO EDUCATE SMALL BUSINESS OWNERS AND OPERATORS REGARDING THE AVAILABILI-
 TY OF THE SMALL BUSINESS COMPLIANCE GUIDE  AND  RESOURCES  AVAILABLE  TO
 ASSIST  SMALL BUSINESSES AND OPERATORS WITH COMPLYING WITH STATUTORY AND
 REGULATORY CHANGES.
   § 3. This act shall take effect one year after it shall have become  a
 law.

co-Sponsors

2019-S6800A (ACTIVE) - Details

Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-e, St Ad Proc Act; add §102-a, Exec L

2019-S6800A (ACTIVE) - Summary

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.

2019-S6800A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6800A

SPONSOR: METZGER
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is for the Secretary of State to compile
and publish a small business guide which catalogues the statutory and
regulatory changes of the previous year in plain and commonly understood
terms.

 
SUMMARY OF PROVISIONS:

  Section  1-  Amends subdivisions 1 and 2 of section 202-e of the state
administrative procedure act to require that annually a  small  business
compliance guide be published in the state register.  Additionally, this

section  requires  that the small business compliance guide be published
in the state register regardless of  the  guide's  availability  on  the
Department of State's website.

  Section  2  - The economic development law is amended to include a new
section 138-a. Under this section the division  for  Small  Business  is
required to publish a small business compliance guide by January 31st of
each  year  in  consultation  with any other relevant state agency.  The
guide will inform small business  owners  of  statutory  and  regulatory
changes  that  have  taken  effect  in  the previous year. The guide may
include but is not  limited  to  changes  regarding  permits,  licenses,
taxes,  insurance,  workplace  safety,  compensation,  wages, hours, and
benefits. The guide will also include the appropriate  contact  informa-
tion  for  each  state  agency. The guide must describe any statutory or
regulatory changes in plain and  commonly  understood  terms  and  limit
technical terms whenever possible. The Secretary shall publish the guide
on the department's website. The secretary shall also engage in a public
awareness  campaign  coordinating  with  relevant statewide and regional
business advocacy organizations. The public  awareness  campaign  should
educate  small  business  owners about the availability of the guide and
other resources available to assist small businesses with compliance.

  Section 3 - Effective Date - One year after this bill shall  become  a
law.

 
EXISTING LAW:

Under  the  current  law,  New York State is not statutorily required to
create a small business compliance guide informing  business  owners  of
statutory  and  regulatory  changes  in  one easy-to-understand guidance
document.

The current law requires every agency to  submit  to  the  Secretary  of
State  a  list  of all guidance documents on which the agency relies and
how the public may obtain such documents.  The  law  also  exempts  such
guidance  documents  from publication in the state register if the guid-
ance documents are available on the agency's website.

 
JUSTIFICATION:

Small  businesses  must  comply with many local, state, and federal laws
and regulations. Each year the legislature and relevant  state  agencies
change  both  the law and corresponding regulations. Changes to the laws
and regulations are often conveyed in  formal,  technical,  and  complex
jargon.  Keeping  up with these changes can be a burdensome task for any
business owner. This legislation seeks to ease that burden by collecting
many of the statutory and regulatory changes of the previous year  in  a
"small  business  compliance  guide".  This  guide will take complex and
technical changes and convey them in understandable and commonly  under-
stood  language. This legislation will make it easier for small business
owners to have one resource to consult regarding  changes  the  law  and
regulations.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall become a law.

2019-S6800A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6800--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Subdivisions 1 and 2 of section 202-e of the state adminis-
 trative  procedure  act,  subdivision 1 as amended by chapter 253 of the
 laws of 2005 and subdivision 2 as added by chapter 730 of  the  laws  of
 2004, are amended to read as follows:
   1.  Not  less  than  once  each year, every agency shall submit to the
 secretary of state for publication in the state register a list  of  all
 guidance  documents  on  which  the agency currently relies, and provide
 information on where and how regulated parties and members of the public
 may inspect and obtain copies of any such document;  provided,  however,
 that  the  department of environmental conservation shall be exempt from
 the requirements of this subdivision.  GUIDANCE PUBLISHED  ACCORDING  TO
 SECTION ONE HUNDRED THIRTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW SHALL
 BE  PUBLISHED  IN  THE  STATE REGISTER. Unless otherwise provided for by
 law, an agency may make such documents  available  as  provided  in  the
 freedom of information law, and may charge fees pursuant to such law for
 copies of any such document.
   2.  The  secretary  of state may exempt an agency from compliance with
 the requirements of subdivision one of this section upon a determination
 that the agency has published on its website the full text of all  guid-
 ance  documents  on  which it currently relies EXCEPT FOR GUIDANCE DOCU-
 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.
                                                            LBD13976-02-9

 S. 6800--A                          2
 
 ECONOMIC DEVELOPMENT LAW.  The secretary of state shall publish a notice
 of such determination identifying the website in the state register.
   §  2.  The economic development law is amended by adding a new section
 138-a to read as follows:
   § 138-A. SMALL BUSINESS COMPLIANCE GUIDE.  1. THE DIVISION FOR  SMALL-
 BUSINESS  SHALL COMPILE AND PUBLISH A SMALL BUSINESS COMPLIANCE GUIDE BY
 JANUARY THIRTY-FIRST EACH YEAR IN CONSULTATION WITH ANY  OTHER  RELEVANT
 STATE AGENCY, DEPARTMENT, OFFICE, DIVISION, BOARD, BUREAU, COMMISSION OR
 AUTHORITY.  SUCH  GUIDE SHALL INFORM SMALL BUSINESS OWNERS AND OPERATORS
 OF STATUTORY AND REGULATORY CHANGES THAT HAVE TAKEN  EFFECT  WITHIN  THE
 PREVIOUS  CALENDAR  YEAR. SUCH GUIDE SHALL INCLUDE BUT NOT BE LIMITED TO
 INFORMATION REGARDING PERMITS,  LICENSES,  TAXES,  INSURANCE,  WORKPLACE
 SAFETY,  WORKERS'  COMPENSATION,  WAGES, HOURS, AND BENEFITS. SUCH GUIDE
 SHALL DESCRIBE ANY STATUTORY AND REGULATORY CHANGES IN PLAIN AND COMMON-
 LY UNDERSTOOD TERMS AND SHALL AID THE READER IN UNDERSTANDING THE STATU-
 TORY AND REGULATORY CHANGES AND SHALL LIMIT THE USE OF  TECHNICAL  TERMS
 WHENEVER  POSSIBLE.  SUCH  GUIDE  SHALL ALSO INCLUDE APPROPRIATE CONTACT
 INFORMATION FOR RELEVANT STATE AGENCIES.
   2. THE COMMISSIONER SHALL PUBLISH SUCH SMALL BUSINESS COMPLIANCE GUIDE
 ON THE DIVISION FOR SMALL-BUSINESS'S WEBSITE. THE DIVISION FOR SMALL-BU-
 SINESS SHALL ANNUALLY ENGAGE IN A PUBLIC AWARENESS CAMPAIGN. SUCH PUBLIC
 AWARENESS CAMPAIGN MAY UTILIZE PUBLIC  FORUMS,  SOCIAL  MEDIA  AND  MASS
 MEDIA, INCLUDING BUT NOT LIMITED TO INTERNET, RADIO, AND PRINT ADVERTIS-
 ING  AND  SHALL  INCLUDE  MATERIALS  AND INFORMATION ON THE DIVISION FOR
 SMALL-BUSINESS'S WEBSITE. THE DIVISION FOR SMALL-BUSINESS SHALL  COORDI-
 NATE  WITH  RELEVANT  STATEWIDE AND REGIONAL BUSINESS ADVOCACY ORGANIZA-
 TIONS. THE CAMPAIGN SHALL BE TAILORED TO EDUCATE SMALL  BUSINESS  OWNERS
 AND  OPERATORS  REGARDING THE AVAILABILITY OF THE SMALL BUSINESS COMPLI-
 ANCE GUIDE AND RESOURCES AVAILABLE TO ASSIST SMALL BUSINESSES AND OPERA-
 TORS WITH COMPLYING WITH STATUTORY AND REGULATORY CHANGES.
   § 3. This act shall take effect immediately.

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