assembly Bill A7540B

2019-2020 Legislative Session

Relates to regulatory fines for small businesses

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Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2019 returned to assembly
passed senate
3rd reading cal.1349
substituted for s5815c
referred to rules
delivered to senate
passed assembly
Jun 17, 2019 ordered to third reading rules cal.396
rules report cal.396
reported
Jun 11, 2019 amend and recommit to rules 7540b
Jun 11, 2019 reported referred to rules
Jun 05, 2019 reported referred to codes
Jun 03, 2019 print number 7540a
Jun 03, 2019 amend and recommit to small business
May 09, 2019 referred to small business

Co-Sponsors

A7540 - Details

See Senate Version of this Bill:
S5815
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A8205, S4120

A7540 - Summary

Relates to regulatory penalties 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.

A7540 - Bill Text download pdf


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

                                  7540

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2019
                               ___________

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, 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, VIOLATED HUMAN OR CIVIL RIGHTS LAW, OR IS A PENAL LAW VIOLATION.
THE CURE PERIOD SHALL NOT INTERFERE WITH THE RESOLUTION OF HARASSMENT OR
DISCRIMINATION  CLAIMS.  UPON SUCH FIRST VIOLATION, A STATE AGENCY SHALL
(A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL BUSI-
NESS 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 PERI-
OD IS NOT LESS THAN NINETY DAYS.
  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.

Co-Sponsors

view additional co-sponsors

A7540A - Details

See Senate Version of this Bill:
S5815
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A8205, S4120

A7540A - Summary

Relates to regulatory penalties 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.

A7540A - Bill Text download pdf


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

                                 7540--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2019
                               ___________

Introduced  by M. of A. McDONALD, STIRPE, LUPARDO, WALLACE, BUTTENSCHON,
  McMAHON -- read once and referred to the Committee 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 PENALTIES FOR SMALL BUSINESSES.  1. UNLESS EXPLIC-
ITLY  EXEMPTED  OR EXCLUDED BY ANY OTHER LAW, RULE OR REGULATION, UPON A
FIRST TIME VIOLATION OF A STATE AGENCY'S RULES OR REGULATIONS RELATED TO
PAPERWORK SUBMITTED TO A STATE AGENCY OR ACTIONS OR OMISSIONS  THAT  ARE
DE  MINIMUS,  A  SMALL BUSINESS SHALL BE AFFORDED A CURE PERIOD OR OTHER
OPPORTUNITY FOR AMELIORATIVE ACTION IF THE VIOLATION CAN  BE  CORRECTED,
THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENAL-
TIES  ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT. HOWEVER, NO WAIVER
OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION
MAY BE GIVEN IF THE AGENCY DETERMINES THAT THE VIOLATION RESULTED  IN  A
NATURAL  RESOURCE  DAMAGE  CLAIM  OR  SERIOUS  ACTUAL  HARM, OR MAY HAVE
PRESENTED AN IMMINENT AND SUBSTANTIAL  ENDANGERMENT  TO  PUBLIC  SAFETY,
HUMAN HEALTH OR THE ENVIRONMENT, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS
LAW  RESULTS  IN LOSS OF EMPLOYEE WAGES OR BENEFITS, INTERFERES WITH ANY
REMEDY, REVIEW, OR RESOLUTION RELATED TO  HARASSMENT  OR  DISCRIMINATION
CLAIMS,  WAS  A WILLFUL VIOLATION, INVOLVED TAX FRAUD, VIOLATES REQUIRE-
MENTS RELATED TO FEDERAL FUNDING TO THE STATE, RELATES TO STATE  FUNDING
OR  PROCUREMENT,  IS  SIMILAR  TO  PRIOR  VIOLATIONS,  IS  A  PENAL  LAW
VIOLATION, OR RELATES TO A MATERIAL OR SUBSTANTIVE PORTION OF THE  BUSI-
NESS.  UPON  SUCH  FIRST VIOLATION, A STATE AGENCY SHALL (A) PROVIDE THE
SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL  BUSINESS  REGULATION

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

Co-Sponsors

view additional co-sponsors

A7540B (ACTIVE) - Details

See Senate Version of this Bill:
S5815
Law Section:
Executive Law
Laws Affected:
Add §170-c, Exec L
Versions Introduced in 2017-2018 Legislative Session:
A8205, S4120

A7540B (ACTIVE) - Summary

Relates to regulatory penalties 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.

A7540B (ACTIVE) - Bill Text download pdf


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

                                 7540--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2019
                               ___________

Introduced  by M. of A. McDONALD, STIRPE, LUPARDO, WALLACE, BUTTENSCHON,
  McMAHON, WOERNER, JONES, STECK  --  read  once  and  referred  to  the
  Committee  on  Small  Business  -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported   and  referred  to  the  Committee  on  Codes  --  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 PENALTIES FOR SMALL BUSINESSES.  1. UNLESS EXPLIC-
ITLY  EXEMPTED  OR EXCLUDED BY ANY OTHER LAW, RULE OR REGULATION, UPON A
FIRST TIME VIOLATION OF A STATE AGENCY'S RULES OR REGULATIONS RELATED TO
PAPERWORK SUBMITTED TO A STATE AGENCY OR ACTIONS OR OMISSIONS  THAT  ARE
DE  MINIMUS,  A  SMALL BUSINESS SHALL BE AFFORDED A CURE PERIOD OR OTHER
OPPORTUNITY FOR AMELIORATIVE ACTION IF THE VIOLATION CAN  BE  CORRECTED,
THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENAL-
TIES  ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT. HOWEVER, NO WAIVER
OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION
MAY BE GIVEN IF THE AGENCY DETERMINES THAT THE VIOLATION RESULTED  IN  A
NATURAL  RESOURCE  DAMAGE  CLAIM  OR  SERIOUS  ACTUAL  HARM, OR MAY HAVE
PRESENTED AN IMMINENT AND SUBSTANTIAL  ENDANGERMENT  TO  PUBLIC  SAFETY,
HUMAN HEALTH OR THE ENVIRONMENT, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS
LAW,  RESULTS IN LOSS OF EMPLOYEE WAGES OR BENEFITS, INTERFERES WITH ANY
REMEDY, REVIEW, OR RESOLUTION RELATED TO  HARASSMENT  OR  DISCRIMINATION
CLAIMS,  WAS  A WILLFUL VIOLATION, INVOLVED TAX FRAUD, VIOLATES REQUIRE-
MENTS RELATED TO FEDERAL FUNDING TO THE STATE, RELATES TO STATE  FUNDING
OR  PROCUREMENT,  IS  SIMILAR  TO  PRIOR  VIOLATIONS,  IS  A  PENAL  LAW

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

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