NY State Senate Bill 2023-S7012

Senate Bill S7012

Vetoed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A2364 - 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 22, 2023	tabled vetoed memo.116
Dec 12, 2023	delivered to governor
Jun 07, 2023	returned to assembly passed senate 3rd reading cal.1538 substituted for s7012
Jun 07, 2023	substituted by a2364
Jun 01, 2023	ordered to third reading cal.1538 committee discharged and committed to rules
May 16, 2023	referred to commerce, economic development and small business

Votes

- Jun 7, 2023 - Floor Vote
  A2364
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 1, 2023 - Rules Committee Vote
  S7012
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza

2023-S7012 (ACTIVE) - Details

See Assembly Version of this Bill:: A2364
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202-e, St Ad Proc Act; add §138-a, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10769
2021-2022: A6503

2023-S7012 (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.

2023-S7012 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7012

SPONSOR: MANNION
 
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 bill is to require the Division for Small Business
to compile and publish a small business compliance guide by January 31
of each year that catalogs the statutory and regulatory changes of the
previous year in layman terms, provided that such guide shall be posted
to the Division's website.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would require an annual small business compliance
guide to be published in the State Register.

Section 2 of this bill would require the Division for Small Business to
compile and publish a small business compliance guide by January 31 of
each year that catalogs the statutory and regulatory changes of the
previous year in layman terms. Additionally, this section would require
the Commissioner of Economic Development to engage in a public awareness
campaign to inform small business owners about the guide and other
resources available to assist with compliance.

Section 3 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

Under current law, the 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.
Rather, 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. Such guidance documents may
also be exempt from publication in the State Register if the documents
are available on the agency's website.

Small businesses must comply with scores of local, State, and federal
laws, rules, and regulations, which are constantly changing. Such chang-
es are often conveyed in formal, technical, and complex terms.  Keeping
up with these changes is a burden for business owners.  Therefore, it is
imperative to ease that burden by collecting many of the statutory and
regulatory changes of the previous year in a small business compliance
guide. This bill would make this burden easier for small business owners
to consult one resource about changes made to laws and regulations
during the previous year.

 
LEGISLATIVE HISTORY:

2019-20: S.6800-A (Metzger)- Vetoed Memo.72.

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7012 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7012
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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
 ECONOMIC DEVELOPMENT LAW.  The secretary of state shall publish a notice
 of such determination identifying the website in the state register.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00369-01-3

 S. 7012                             2
 
   §  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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