S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7298
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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; and to amend a chapter
   of the laws of 2017, amending the state administrative procedure  act,
   relating  to providing information on the prevention of common regula-
   tory violations in small business regulation guides,  as  proposed  in
   legislative  bills  numbers  S.  1643  and A. 5779, in relation to the
   effectiveness thereof
 
   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 a chapter of the laws of 2017, amending the state administra-
 tive  procedure act, relating to providing information on the prevention
 of common regulatory violations in small business regulation guides,  as
 proposed in legislative bills numbers S. 1643 and A. 5779, is amended to
 read as follows:
   §  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 deter-
 mines[, 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 regulation
 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  informa-
 tion  or  assistance  available  to facilitate small business regulatory
 compliance, and, where appropriate, include information on (a) the  most
 common  regulatory violations that small businesses are cited for by the
 agency [and], (b) STATISTICAL INFORMATION ON THE FREQUENCY OF VIOLATIONS
 OF VARIOUS REGULATIONS BY SMALL BUSINESSES  AND  (C)  any  actions  that
 small  businesses  can  reasonably  undertake to minimize or prevent the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01840-02-8

 S. 7298                             2
 
 occurrence of such violations, INCLUDING ANY  RELEVANT  INFORMATION  AND
 ANALYSIS.
   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  agen-
 cies  in developing such guides.  [The division for small business shall
 oversee 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.]
   § 2. Section 2 of a chapter of the laws of 2017,  amending  the  state
 administrative  procedure  act, relating to providing information on the
 prevention of common regulatory violations in small business  regulation
 guides, as proposed in legislative bills numbers S. 1643 and A. 5779, is
 amended to read as follows:
   §  2.  This  act  shall  take  effect  [immediately] ON APRIL 1, 2019;
 PROVIDED, HOWEVER, THAT ANY SMALL BUSINESS  REGULATION  GUIDE  THAT  WAS
 ISSUED SIX MONTHS PRIOR TO SUCH DATE SHALL BE REVIEWED BY THE AGENCY AND
 UPDATED AS APPROPRIATE NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER SUCH
 DATE.
   §  3.  This  act  shall take effect immediately; provided however that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as a chapter of the laws of 2017, amending the state admin-
 istrative procedure  act,  relating  to  providing  information  on  the
 prevention  of common regulatory violations in small business regulation
 guides, as proposed in legislative bills numbers S. 1643  and  A.  5779,
 takes effect.