assembly Bill A8205B

Vetoed By Governor
2017-2018 Legislative Session

Relates to regulatory fines for small businesses

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 07, 2018 tabled
vetoed memo.285
Nov 26, 2018 delivered to governor
Jun 18, 2018 returned to assembly
passed senate
3rd reading cal.924
substituted for s4120b
Jun 14, 2018 referred to rules
delivered to senate
passed assembly
Jun 13, 2018 ordered to third reading rules cal.161
rules report cal.161
reported
Jun 11, 2018 reported referred to rules
Jun 05, 2018 reported referred to codes
Jun 01, 2018 print number 8205b
Jun 01, 2018 amend and recommit to small business
Jan 03, 2018 referred to small business
Jun 13, 2017 print number 8205a
Jun 13, 2017 amend and recommit to small business
Jun 02, 2017 referred to small business

A8205 - Details

See Senate Version of this Bill:
S4120
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540, S5815

A8205 - Summary

Relates to regulatory fines for small businesses; provides that upon an initial violation of a state agency's rules or regulations, a small business shall be afforded a cure period or other opportunity for ameliorative action, which if successful shall prevent the imposition of a fine or fines.

A8205 - Bill Text download pdf


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

                                  8205

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2017
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Small Business

AN  ACT  to amend the executive law, in relation to regulatory fines for
  small businesses

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

  Section  1. The executive law is amended by adding a new section 170-c
to read as follows:
  § 170-C. REGULATORY FINES FOR SMALL BUSINESSES.    1.  NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO STATE AGENCY SHALL
FINE  A  SMALL  BUSINESS  FOR  A  FIRST VIOLATION OF SUCH AGENCY'S REGU-
LATIONS. UPON SUCH FIRST VIOLATION, A STATE  AGENCY  SHALL  (A)  PROVIDE
LITERATURE DETAILING THE AGENCY'S REGULATIONS TO SUCH SMALL BUSINESS, OR
(B)  HOLD  AN  IN-PERSON  MEETING WITH THE SMALL BUSINESS INFORMING SUCH
SMALL BUSINESS OF THE AGENCY'S REGULATIONS.
  2. "SMALL BUSINESS" AS USED IN THIS  SECTION  SHALL  MEAN  A  BUSINESS
WHICH  IS  RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT
DOMINANT IN ITS FIELD AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04066-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8205A - Details

See Senate Version of this Bill:
S4120
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540, S5815

A8205A - Summary

Relates to regulatory fines for small businesses; provides that upon an initial violation of a state agency's rules or regulations, a small business shall be afforded a cure period or other opportunity for ameliorative action, which if successful shall prevent the imposition of a fine or fines.

A8205A - Bill Text download pdf


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

                                 8205--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2017
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee  on  Small Business -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to regulatory  fines  for
  small businesses

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

  Section 1. The executive law is amended by adding a new section  170-c
to read as follows:
  §  170-C.  REGULATORY  FINES FOR SMALL BUSINESSES.  1. NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO STATE AGENCY SHALL
FINE A SMALL BUSINESS FOR A FIRST VIOLATION OF SUCH  AGENCY'S  RULES  OR
REGULATIONS,  UNLESS  THE  AGENCY DETERMINES THAT THE VIOLATION DIRECTLY
AFFECTED PUBLIC HEALTH OR SAFETY.  UPON SUCH FIRST  VIOLATION,  A  STATE
AGENCY  SHALL (A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICA-
BLE SMALL BUSINESS REGULATION GUIDES PURSUANT  TO  SECTION  ONE  HUNDRED
TWO-A  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT AND ANY OTHER HELPFUL
COMPLIANCE INFORMATION DETAILING THE AGENCY'S RULES AND REGULATIONS,  OR
(B)  HOLD  AN  IN-PERSON  MEETING WITH THE SMALL BUSINESS TO HELP ASSIST
SUCH SMALL BUSINESS WITH COMPLIANCE WITH THE AGENCY'S  RULES  AND  REGU-
LATIONS.
  2.  "SMALL  BUSINESS"  AS  USED  IN THIS SECTION SHALL MEAN A BUSINESS
WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND  OPERATED,  NOT
DOMINANT IN ITS FIELD AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04066-04-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8205B (ACTIVE) - Details

See Senate Version of this Bill:
S4120
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A7540, S5815

A8205B (ACTIVE) - Summary

Relates to regulatory fines for small businesses; provides that upon an initial violation of a state agency's rules or regulations, a small business shall be afforded a cure period or other opportunity for ameliorative action, which if successful shall prevent the imposition of a fine or fines.

A8205B (ACTIVE) - Bill Text download pdf


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

                                 8205--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2017
                               ___________

Introduced by M. of A. McDONALD, JENNE, LUPARDO, CRESPO, D'URSO, MONTES-
  ANO,  RAIA,  CROUCH, WOERNER, STECK, JONES -- Multi-Sponsored by -- M.
  of A. MAGEE, MURRAY, SIMON -- read once and referred to the  Committee
  on  Small  Business  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Small Business in accordance with Assembly Rule 3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to regulatory  fines  for
  small businesses

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

  Section 1. The executive law is amended by adding a new section  170-c
to read as follows:
  §  170-C.  REGULATORY  FINES FOR SMALL BUSINESSES.  1. NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION  TO  THE  CONTRARY,  UPON  AN  INITIAL
VIOLATION  OF  A  STATE  AGENCY'S RULES OR REGULATIONS, A SMALL BUSINESS
SHALL BE AFFORDED A CURE PERIOD OR OTHER  OPPORTUNITY  FOR  AMELIORATIVE
ACTION,  THE  SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION
OF PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT, UNLESS  THE
AGENCY  DETERMINES THAT THE VIOLATION DIRECTLY AFFECTED PUBLIC HEALTH OR
SAFETY.  UPON SUCH FIRST VIOLATION, A STATE AGENCY SHALL (A) PROVIDE THE
SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL  BUSINESS  REGULATION
GUIDES PURSUANT TO SECTION ONE HUNDRED TWO-A OF THE STATE ADMINISTRATIVE
PROCEDURE ACT AND ANY OTHER HELPFUL COMPLIANCE INFORMATION DETAILING THE
AGENCY'S  RULES  AND  REGULATIONS, OR (B) HOLD AN IN-PERSON MEETING WITH
THE SMALL BUSINESS TO HELP ASSIST SUCH SMALL  BUSINESS  WITH  COMPLIANCE
WITH  THE  AGENCY'S  RULES  AND REGULATIONS.   THE AGENCY SHALL HAVE THE
DISCRETION TO DETERMINE THE APPROPRIATE PERIOD OF TIME TO ALLOW FOR SUCH
AMELIORATIVE ACTION TO OCCUR, PROVIDED SUCH  PERIOD  IS  NOT  LESS  THAN
NINETY DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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