S T A T E O F N E W Y O R K
________________________________________________________________________
1765
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. ZEBROWSKI, LAVINE -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
providing information on the prevention of common regulatory
violations in small business regulation guides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 102-a of the state administrative procedure act, as
amended by section 3 of part O of chapter 60 of the laws of 2011, is
amended to read as follows:
S 102-a. Small business regulation guides. 1. For each rule or group
of related rules which significantly impact a substantial number of
small businesses, the agency which adopted the rule shall post on its
website one or more guides explaining the actions a small business may
take to comply with such rule or group of rules if the agency
determines, IN CONJUNCTION WITH THE DIVISION FOR SMALL BUSINESS, that
such guide or guides will assist small businesses in complying with the
rule, and shall designate each such posting as a "small business regu-
lation guide". The guide shall explain the actions a small business may
take to comply with a rule or group of rules, IDENTIFY ANY SOURCES OF
INFORMATION OR ASSISTANCE AVAILABLE TO FACILITATE SMALL BUSINESS REGULA-
TORY COMPLIANCE, AND, WHERE APPROPRIATE, INCLUDE INFORMATION ON (A) THE
MOST COMMON REGULATORY VIOLATIONS THAT SMALL BUSINESSES ARE CITED FOR BY
THE AGENCY AND (B) ANY ACTIONS THAT SMALL BUSINESSES CAN REASONABLY
UNDERTAKE TO MINIMIZE OR PREVENT THE OCCURRENCE OF SUCH VIOLATIONS.
2. The agency shall, in its sole discretion, taking into account the
subject matter of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language that it is
likely to be understood by affected small businesses. Agencies shall
cooperate with THE DIVISION FOR SMALL BUSINESS AND other state agencies
in developing such guides. THE DIVISION FOR SMALL BUSINESS SHALL OVER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00654-01-5
A. 1765 2
SEE AND COORDINATE THE PREPARATION OF SUCH SMALL BUSINESS REGULATION
GUIDES BY AGENCIES. AN AGENCY SHALL PROVIDE THE DIVISION AT SUCH TIMES
AND IN SUCH FORMAT AS THE DIVISION MAY REQUEST WITH (A) STATISTICAL
INFORMATION ON THE FREQUENCY OF VIOLATIONS OF VARIOUS REGULATIONS BY
SMALL BUSINESSES AND (B) INFORMATION AND ANALYSIS REGARDING ACTIONS THAT
CAN REASONABLY BE UNDERTAKEN BY SMALL BUSINESSES TO MINIMIZE OR PREVENT
THE OCCURRENCE OF SUCH VIOLATIONS.
S 2. This act shall take effect immediately.