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Assembly Bill A714

2015-2016 Legislative Session

Requires the secretary of state and the commissioner of consumer affairs to issue a warning to small business prior to imposing a fine

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Archive: Last Bill Status - In Assembly Committee

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2015-A714 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
New York City Administrative Code
Laws Affected:
Amd §20-104, NYC Ad Cd; amd §94-a, Exec L
Versions Introduced in 2013-2014 Legislative Session:
A9831

2015-A714 (ACTIVE) - Summary

Requires the secretary of state and the commissioner of consumer affairs to issue a warning to a small business prior to imposing a fine.

2015-A714 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   714

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the administrative code of the city of New York and the
  executive law, in relation to issuing a warning to  a  small  business
  prior to imposing a fine

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 20-104 of the administrative code of  the  city  of
New York is amended by adding a new subdivision h to read as follows:
  H.  PRIOR  TO  IMPOSING ANY FINE ON A SMALL BUSINESS, THE COMMISSIONER
SHALL ISSUE TO SUCH SMALL  BUSINESS  A  WARNING  GIVING  NOTICE  OF  THE
PROVISION  OR  PROVISIONS  SUCH  SMALL  BUSINESS HAS BEEN FOUND TO BE IN
VIOLATION OF. SUCH SMALL BUSINESS SHALL HAVE THIRTY DAYS DURING WHICH TO
COMPLY WITH SUCH PROVISION OR PROVISIONS, AFTER  WHICH,  IF  SUCH  SMALL
BUSINESS  IS  STILL  FOUND  TO  BE  IN  VIOLATION  OF  SUCH PROVISION OR
PROVISIONS, THE COMMISSIONER SHALL IMPOSE A FINE.
  FOR THE PURPOSES OF THIS SECTION, "SMALL BUSINESS" MEANS ANY  BUSINESS
WHICH IS RESIDENT IN THE CITY OF NEW YORK, INDEPENDENTLY OWNED AND OPER-
ATED, AND EMPLOYS ONE HUNDRED OR LESS INDIVIDUALS.
  S  2.  Section  94-a  of  the executive law is amended by adding a new
subdivision 6 to read as follows:
  6. PRIOR WARNING NOTICE. PRIOR TO IMPOSING ANY FINE ON A  SMALL  BUSI-
NESS,  THE SECRETARY SHALL ISSUE TO SUCH SMALL BUSINESS A WARNING GIVING
NOTICE OF THE PROVISION OR PROVISIONS SUCH SMALL BUSINESS HAS BEEN FOUND
TO BE IN VIOLATION OF. SUCH SMALL BUSINESS SHALL HAVE THIRTY DAYS DURING
WHICH TO COMPLY WITH SUCH PROVISION OR PROVISIONS, AFTER WHICH, IF  SUCH
SMALL  BUSINESS  IS  STILL FOUND TO BE IN VIOLATION OF SUCH PROVISION OR
PROVISIONS, THE SECRETARY SHALL IMPOSE A FINE.
  FOR THE PURPOSES OF THIS SUBDIVISION, "SMALL BUSINESS" MEANS ANY BUSI-
NESS WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND  OPERATED,
AND EMPLOYES ONE HUNDRED OR LESS INDIVIDUALS.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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