Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
Dec 20, 2019 | approval memo.78 signed chap.731 |
Dec 10, 2019 | delivered to governor |
Jun 18, 2019 | returned to assembly passed senate 3rd reading cal.1349 substituted for s5815c |
Jun 18, 2019 | substituted by a7540b |
Jun 14, 2019 | amended on third reading (t) 5815c |
Jun 14, 2019 | vote reconsidered - restored to third reading returned to senate recalled from assembly |
Jun 13, 2019 | referred to small business delivered to assembly passed senate ordered to third reading cal.1349 committee discharged and committed to rules |
Jun 10, 2019 | print number 5815b |
Jun 10, 2019 | amend and recommit to finance |
Jun 03, 2019 | print number 5815a |
Jun 03, 2019 | amend (t) and recommit to finance |
May 15, 2019 | referred to finance |
senate Bill S5815C
Signed By GovernorSponsored By
Anna M. Kaplan
(D, IP, WF) 0 Senate District
Archive: Last Bill Status Via A7540 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Fred Akshar
(R, C, IP, RFM) 0 Senate District
S5815 - Details
S5815 - 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.
S5815 - Sponsor Memo
BILL NUMBER: S5815 SPONSOR: KAPLAN TITLE OF BILL: An act to amend the executive law, in relation to regulatory fines for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to reduce regulatory fines on businesses and to create a productive relationship between the state and business owners that will allow them to work closely together. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by adding a new section 170-c to provide a small business with the opportunity to cure for a first violation of such agency's regulations, unless the agency determines that the violation directly affects public health, safety, or other concerns. The agency must provide literature or an in-person meeting to inform such small business of its regulations. Changes have been incor- porated into the bill language to address the veto message concerns
S5815 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5815 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sens. KAPLAN, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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
Fred Akshar
(R, C, IP, RFM) 0 Senate District
S5815A - Details
S5815A - 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.
S5815A - Sponsor Memo
BILL NUMBER: S5815A SPONSOR: KAPLAN TITLE OF BILL: An act to amend the executive law, in relation to regulatory penalties for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to reduce regulatory fines on businesses and to create a productive relationship between the state and business owners that will allow them to work closely together. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by adding a new section 170-c to provide a small business with the opportunity to cure for a first violation of such agency's regulations unless explicitly exempted. Violation must be paperwork related, or omissions that are de minimus. A successful completion will prevent the imposition of penalties. However, no waiver may be given if the agency determines the violation affected public health, environment, safety, is a violation of human
S5815A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5815--A 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sens. KAPLAN, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to regulatory penalties 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 DIRECTLY AFFECTED PUBLIC HEALTH, ENVIRONMENT, SAFETY, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS LAW RESULTS IN LOSS OF EMPLOYEE WAGES OR BENEFITS, INTER- FERES WITH ANY REMEDY, REVIEW, OR RESOLUTION RELATED TO HARASSMENT OR DISCRIMINATION CLAIMS, WAS A WILLFUL VIOLATION, INVOLVED 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 BUSINESS. UPON SUCH FIRST VIOLATION, A STATE AGENCY SHALL (A) PROVIDE THE SMALL BUSINESS WITH A COPY OF ANY APPLICABLE SMALL BUSINESS REGULATION GUIDES PURSUANT TO SECTION ONE HUNDRED TWO-A OF THE STATE ADMINISTRATIVE PROCEDURE ACT AND ANY OTHER HELPFUL COMPLIANCE INFORMA- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Fred Akshar
(R, C, IP, RFM) 0 Senate District
John C. Liu
(D) 16th Senate District
S5815B - Details
S5815B - 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.
S5815B - Sponsor Memo
BILL NUMBER: S5815B SPONSOR: KAPLAN TITLE OF BILL: An act to amend the executive law, in relation to regulatory penalties for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to reduce regulatory fines on businesses and to create a productive relationship between the state and business owners that will allow them to work closely together. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by adding a new section 170-c to provide a small business with the opportunity to cure for a first violation of such agency's regulations unless explicitly exempted. Violation must be paperwork related, or omissions that are de minimus. A successful completion will prevent the imposition of penalties. Howev- er, no waiver may be given if the agency determines the violation resulted in a natural resource damage claim or serious actual harm, or
S5815B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5815--B 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sens. KAPLAN, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to regulatory penalties 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Fred Akshar
(R, C, IP, RFM) 0 Senate District
Patrick M. Gallivan
(R, C) 60th Senate District
Pete Harckham
(D, WF) 40th Senate District
Pamela Helming
(R, C, IP) 54th Senate District
S5815C (ACTIVE) - Details
S5815C (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.
S5815C (ACTIVE) - Sponsor Memo
BILL NUMBER: S5815C SPONSOR: KAPLAN TITLE OF BILL: An act to amend the executive law, in relation to regulatory fines for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to reduce regulatory fines on businesses and to create a productive relationship between the state and business owners that will allow them to work closely together. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by adding a new section 170-c to provide a small business with the opportunity to cure for a first violation of such agency's regulations unless explicitly exempted. Violation must be paperwork related, or omissions that are de minimus. A successful completion will prevent the imposition of penalties. Howev- er, no waiver may be given if the agency determines the violation resulted in a natural resource damage claim or serious actual harm, or
S5815C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5815--C Cal. No. 1349 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sens. KAPLAN, AKSHAR, LIU -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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