Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 13, 2013 |
signed chap.491 |
Nov 01, 2013 |
delivered to governor |
Jun 20, 2013 |
returned to senate passed assembly ordered to third reading rules cal.523 substituted for a6632 |
Apr 22, 2013 |
referred to governmental operations delivered to assembly passed senate |
Feb 28, 2013 |
advanced to third reading |
Feb 27, 2013 |
2nd report cal. |
Feb 12, 2013 |
1st report cal.81 |
Jan 09, 2013 |
referred to commerce, economic development and small business |
Senate Bill S1195
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D) Senate District
(D) Senate District
(R, C, IP, RFM) 24th Senate District
(D) Senate District
2013-S1195 (ACTIVE) - Details
2013-S1195 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1195 TITLE OF BILL: An act to amend the state administrative procedure act and the economic development law, in relation to streamlined adjudicato- ry proceedings for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill would cut the cost and complexity of small business partic- ipation in adjudicatory proceedings by allowing agencies to offer streamlined optional proceedings (e.g., mail, e-mail, telephone confer- encing, Skype) to small businesses. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new § 308 to the State Administrative Procedure Act (SAPA) to allow agencies to adopt regulations providing for streamlined proceedings involving small businesses for specific programs and catego- ries of violations/other issues that can be fairly resolved without a physical hearing. In adopting such regulations, an agency shall consider the types of programs and issues for which such streamlined proceedings may reasonably be conducted, and shall: > ensure that a streamlined proceeding is at the option of the respond- ent small business with the consent of the agency and other necessary parties, and no rights will be diminished through exercise of this option;
2013-S1195 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1195 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Econom- ic Development and Small Business AN ACT to amend the state administrative procedure act and the economic development law, in relation to streamlined adjudicatory proceedings for small businesses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state administrative procedure act is amended by adding a new section 308 to read as follows: S 308. STREAMLINED OPTIONAL ADJUDICATORY PROCEEDINGS FOR SMALL BUSI- NESSES. UNLESS OTHERWISE PROHIBITED BY LAW, AN AGENCY MAY ADOPT REGU- LATIONS PROVIDING FOR USE AT THE OPTION OF A SMALL BUSINESS OF STREAM- LINED ADJUDICATORY PROCEEDINGS CONDUCTED BY MAIL, ELECTRONIC MAIL, TELEPHONE CONFERENCE OR VIDEOCONFERENCE. IN ADOPTING SUCH REGULATIONS, THE AGENCY SHALL: 1. CONSIDER THE TYPES OF PROGRAMS AND ISSUES FOR WHICH SUCH STREAM- LINED PROCEEDINGS MAY REASONABLY BE CONDUCTED, TAKING INTO ACCOUNT (A) THE COMPLEXITY OF THE MATTERS TO BE RESOLVED IN THE PROCEEDING, (B) THE SEVERITY OF POTENTIAL SANCTIONS, (C) ANY NECESSITY FOR PERSONAL APPEAR- ANCES, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR SWORN TESTIMONY OR CROSS-EXAMINATION, AND (D) ANY POTENTIAL REDUCTION IN THE COSTS AND BURDENS OF PARTICIPATING IN THE PROCEEDING FOR THE AGENCY AND FOR OTHER PARTIES, AND SHALL APPROPRIATELY LIMIT THE AVAILABILITY OF STREAMLINED PROCEEDINGS TO PROGRAMS AND ISSUES IN WHICH THE PUBLIC INTEREST IN FAIR OUTCOMES CAN CONTINUE TO BE ASSURED; 2. ENSURE THAT A STREAMLINED PROCEEDING MAY ONLY BE USED AT THE OPTION OF THE RESPONDENT SMALL BUSINESS WITH THE CONSENT OF THE AGENCY AND ANY OTHER NECESSARY PARTY TO THE PROCEEDING, AND THAT THE RIGHTS OF RESPOND- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05664-01-3
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