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BILL NUMBER:S6441

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.

Text

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 TIMES

 EXPLANATION--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.