S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1143
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Small Business
 
 AN ACT to establish an amnesty and fine discount program for small busi-
   nesses  who  were  forced  to  shut  down during the COVID-19 pandemic
   because of the inability to pay a fine or summons for a violation from
   certain departments or offices

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 there  shall  be  established  an  amnesty and fine discount program for
 small business owners in the  state  who  have  received  a  summons  or
 violation  resulting  in a fine during the COVID-19 state disaster emer-
 gency declared by executive order 202 that began on March 7, 2020.  Such
 program shall provide relief for small business owners who have received
 a fine during the COVID-19 state disaster emergency and who, as a result
 of  not  being able to pay such fine, have defaulted or have been forced
 to permanently close his or her small business.
   § 2. Such amnesty and fine discount program shall be  administered  by
 the  department  of  taxation and finance and shall cover fines received
 for violations from the department  of  transportation,  the  office  of
 parks,  recreation  and  historic preservation, the department of state,
 the department of health, the department of mental hygiene and the state
 fire prevention and building code council. The  department  of  taxation
 and  finance,  in  consultation  with  the  department or office who has
 issued the original fine or summons, shall determine  on  an  individual
 basis  whether  a  small business shall qualify for the amnesty and fine
 discount program as established pursuant to this act.
   § 3. If a small business is determined to qualify for the amnesty  and
 fine  discount  program  pursuant to section two of this act, such small
 business shall be amnestied from any extra  fees  and  interest  arising
 from  penalties  received during the COVID-19 pandemic which resulted in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01116-01-3
              

 A. 1143                             2
 
 such small business defaulting or permanently  closing,  as  well  as  a
 twenty-five percent reduction of the original fine that was issued. Such
 small  business  shall  then  have  three months to pay the reduced fine
 amount.  If  such  small  business  does not pay the reduced fine amount
 within the three-month time period, the original fine  amount  plus  the
 fees and interest shall be added back and become due immediately.
   §  4. For purposes of this act, "small business" shall mean a business
 which is resident in the state, independently owned  and  operated,  not
 dominant in its field and employs one hundred or less persons.
   § 5. The department of taxation and finance shall promulgate rules and
 regulations  as  necessary  to  implement  the amnesty and fine discount
 program pursuant to this act.
   § 6. This act shall take effect immediately.