Assembly Actions -
Senate Actions - UPPERCASE
|Feb 05, 2020
referred to small business
delivered to assembly
|Jan 13, 2020
ordered to third reading cal.117
|Jan 10, 2020
referred to rules
Senate Bill S7193
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S7193 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Assembly Small Business
- Law Section:
- Executive Law
- Laws Affected:
- Amd §170-c, Exec L; amd §2, Chap of 2019 (as proposed in S.5815-C & A.7540-B)
2019-S7193 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7193 SPONSOR: KAPLAN TITLE OF BILL: An act to amend the executive law, in relation to regulatory fines for small businesses; and to amend a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, in relation to the effectiveness thereof PURPOSE: This is a chapter amendment that makes changes to provisions of L.2019, c.731. SUMMARY OF PROVISIONS: This legislation amends the underlying chapter requiring the waiver of de minimus violations, granting businesses a minimum of 15 days to cure any violations, excludes the department of financial services and work- ers' compensation board and will expire after 2 years.
2019-S7193 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7193 I N S E N A T E January 10, 2020 ___________ Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to regulatory fines for small businesses; and to amend a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, 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 170-c of the executive law, as added by a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, as proposed in legislative bills numbers S. 5815-C and A. 7540-B, is amended 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 DETERMINED BY SUCH STATE AGENCY TO BE de minimus, a small business, AS DEFINED IN SUBDIVISION EIGHT OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, 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 OF SUCH DE MINIMUS VIOLATION. However, no waiver of penalties or cure period or other opportunity for ameliorative action may be given if the agency deter- mines that the violation [resulted] MAY RESULT in a natural resource damage claim or serious actual harm, or may [have presented] PRESENT 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 OR IS a willful violation, [involved] INVOLVES tax fraud, violates requirements 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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