senate Bill S7193

2019-2020 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2020 referred to small business
delivered to assembly
passed senate
Jan 13, 2020 ordered to third reading cal.117
Jan 10, 2020 referred to rules

S7193 (ACTIVE) - Details

See Assembly Version of this Bill:
A8951
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)

S7193 (ACTIVE) - Summary

Provides guidelines to determine regulatory fines for small businesses and amends the effective date for S. 5815-C and A. 7540-B to be repealed two years after the effective date.

S7193 (ACTIVE) - Sponsor Memo

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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