Assembly Bill A8951

2019-2020 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A8951 (ACTIVE) - Details

See Senate Version of this Bill:
S7193
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-A8951 (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to determine regulatory fines for small businesses and amends the effective date for S. 5815-C and A. 7540-B to be repealed two years after the effective date.

2019-A8951 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8951
 
                           I N  A S S E M B L Y
 
                              January 6, 2020
                                ___________
 
 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; 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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.