senate Bill S4120B

Vetoed By Governor
2017-2018 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8205 - 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 (28)
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 18, 2018 substituted by a8205b
Jun 11, 2018 amended on third reading 4120b
Jun 11, 2018 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 02, 2018 referred to small business
delivered to assembly
passed senate
May 01, 2018 ordered to third reading cal.924
committee discharged and committed to rules
Jan 03, 2018 referred to finance
returned to senate
died in assembly
Jun 19, 2017 referred to small business
delivered to assembly
passed senate
Jun 06, 2017 amended on third reading 4120a
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.1052
Feb 03, 2017 referred to finance

Votes

view votes

May 1, 2018 - Rules committee Vote

S4120A
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 16, 2017 - Finance committee Vote

S4120
28
3
committee
28
Aye
3
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S4120 (ACTIVE) - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L

S4120 (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.

S4120 (ACTIVE) - Sponsor Memo

S4120 (ACTIVE) - Bill Text download pdf


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

                                  4120

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 3, 2017
                               ___________

Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

S4120A (ACTIVE) - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L

S4120A (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.

S4120A (ACTIVE) - Sponsor Memo

S4120A (ACTIVE) - Bill Text download pdf


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

                                 4120--A
    Cal. No. 1052

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 3, 2017
                               ___________

Introduced  by  Sens. AKSHAR, AMEDORE, BONACIC, CROCI, GALLIVAN, GOLDEN,
  HANNON, HELMING, MURPHY, RANZENHOFER, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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.
                                                           LBD04066-03-7

Co-Sponsors

view additional co-sponsors

S4120B (ACTIVE) - Details

See Assembly Version of this Bill:
A8205
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L

S4120B (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.

S4120B (ACTIVE) - Sponsor Memo

S4120B (ACTIVE) - Bill Text download pdf


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

                                 4120--B
    Cal. No. 924

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 3, 2017
                               ___________

Introduced  by  Sens. AKSHAR, AMEDORE, BONACIC, CROCI, GALLIVAN, GOLDEN,
  HANNON, HELMING, MURPHY, PHILLIPS, RANZENHOFER, SEWARD --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- reported favorably from said committee, ordered to first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted to the Committee on Finance in accordance with Senate  Rule  6,
  sec.  8 -- committee discharged and said bill committed to the Commit-
  tee on Rules -- reported favorably from said committee, ordered  to  a
  third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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

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

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