Relates to providing information and assistance to small businesses to prevent common regulatory violations.
TITLE OF BILL: An act to amend the state administrative procedure act, in relation to providing information on the prevention of common regulatory violations in small business regulation guides
PURPOSE: This bill would enhance the State's business climate by providing effective oversight and coordination of the process of preparing small business regulation guides and by highlighting information on how small businesses can avoid common violations.
SUMMARY OF PROVISIONS: Bill section 1 amends section 102-a of the State Administrative Procedure Act to vest the Division for Small Business (within DED) with responsibility for overseeing the process of agency issuance of small business regulation guides - this duty had been assigned to the now disbanded Governor's Office of Regulatory Reform (GORR). The bill provides that such guides shall "identify any sources of information and assistance available to facilitate small business regulatory compliance" and where appropriate, shall also include information on how to avoid the most common regulatory violations small businesses are cited for by the agency.
The Division of Small Business would activate the inclusion of information on avoiding common violations by requesting agencies to provide (1) statistical information on the frequency of violations of various regulations by small businesses and (2) information and analysis regarding actions that small businesses can reasonably undertake to minimize or prevent the occurrence of such violations.
EXISTING LAW: The bill replaces an obsolete reference to GORR with a reference to the Division for Small Business as coordinator of the process of producing small business regulation guides, and provides for inclusion in such guides of information on how small businesses can avoid common violations.
JUSTIFICATION: Small businesses are acknowledged as the key source of economic growth and job creation in today's economy. State agencies are required by SAPA section 102-a to prepare "small business regulation guides" however, to be fully effective the process requires an independent overseer committed to ensuring that agencies actually produce and disseminate high-quality guides. The Division for Small Business is uniquely qualified to advise agencies on the information needed by small businesses to facilitate understanding of and compliance with regulatory programs.
This bill would enhance the business climate in New York state by promoting the preparation of clear and effective regulation guides. It would also facilitate increased compliance/reduced violations by communicating the means of avoiding common violations to small businesses.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6441 IN SENATE February 9, 2012 ___________Introduced by Sens. CARLUCCI, KLEIN, SAVINO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the state administrative procedure act, in relation to providing information on the prevention of common regulatory violations in small business regulation guides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 102-a of the state administrative procedure act, as amended by section 3 of part O of chapter 60 of the laws of 2011, is 1mended to read as follows: S 102-a. Small business regulation guides. 1. For each rule or group of related rules which significantly impact a substantial number of small businesses, the agency which adopted the rule shall post on its website one or more guides explaining the actions a small business may take to comply with such rule or group of rules if the agency determines, IN CONJUNCTION WITH THE DIVISION FOR SMALL BUSINESS, that such guide or guides will assist small businesses in complying with the rule, and shall designate each such posting as a "small business regu- lation guide". The guide shall explain the actions a small business may take to comply with a rule or group of rules, IDENTIFY ANY SOURCES OF INFORMATION OR ASSISTANCE AVAILABLE TO FACILITATE SMALL BUSINESS REGULA- TORY COMPLIANCE, AND, WHERE APPROPRIATE, INCLUDE INFORMATION ON (A) THE MOST COMMON REGULATORY VIOLATIONS THAT SMALL BUSINESSES ARE CITED FOR BY THE AGENCY AND (B) ANY ACTIONS THAT SMALL BUSINESSES CAN REASONABLY UNDERTAKE TO MINIMIZE OR PREVENT THE OCCURRENCE OF SUCH VIOLATIONS. 2. The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language that it is likely to be understood by affected small businesses. Agencies shall cooperate with THE DIVISION FOR SMALL BUSINESS AND other state agencies in developing such guides. THE DIVISION FOR SMALL BUSINESS SHALL OVER- SEE AND COORDINATE THE PREPARATION OF SUCH SMALL BUSINESS REGULATION GUIDES BY AGENCIES. AN AGENCY SHALL PROVIDE THE DIVISION AT SUCH TIMESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14127-02-2 S. 6441 2
AND IN SUCH FORMAT AS THE DIVISION MAY REQUEST WITH (A) STATISTICAL INFORMATION ON THE FREQUENCY OF VIOLATIONS OF VARIOUS REGULATIONS BY SMALL BUSINESSES AND (B) INFORMATION AND ANALYSIS REGARDING ACTIONS THAT CAN REASONABLY BE UNDERTAKEN BY SMALL BUSINESSES TO MINIMIZE OR PREVENT THE OCCURRENCE OF SUCH VIOLATIONS. S 2. This act shall take effect immediately.