assembly Bill A8951

2019-2020 Legislative Session

Relates to regulatory fines for small businesses

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to small business
Jan 06, 2020 referred to small business

A8951 (ACTIVE) - Details

See Senate Version of this Bill:
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)

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to determine regulatory fines for small businesses and amends the effective date for S. 5815-C and A. 7540-B to be repealed two years after the effective date.

A8951 (ACTIVE) - Bill Text download pdf

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


                          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


  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
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