Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
committed to rules |
Jun 11, 2012 |
advanced to third reading |
Jun 06, 2012 |
2nd report cal. |
Jun 05, 2012 |
1st report cal.1028 |
May 02, 2012 |
referred to commerce, economic development and small business |
Senate Bill S7324
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- 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
2011-S7324 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9273
- Current Committee:
- Senate Rules
- Law Section:
- State Administrative Procedure Act
- Laws Affected:
- Add §308, St Ad Proc Act; amd §133, Ec Dev L
- Versions Introduced in 2013-2014 Legislative Session:
-
S1195, A6632
2011-S7324 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7324 TITLE OF BILL: An act to amend the state administrative procedure act and the economic development law, in relation to streamlined adjudicatory proceedings for small businesses PURPOSE OR GENERAL IDEA OF BILL: This bill would cut the cost and complexity of small business participation in adjudicatory proceedings by allowing agencies to offer streamlined optional proceedings (e.g., mail, e-mail, telephone conferencing, 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 categories 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 respondent small business with the consent of the agency and other
2011-S7324 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7324 I N S E N A T E May 2, 2012 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment 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- ENTS AND OTHER PARTIES WILL NOT BE DIMINISHED IN ANY RESPECT BY VIRTUE OF PARTICIPATION IN A STREAMLINED PROCEEDING; 3. SPECIFY THE FORMAT OR FORMATS FOR REMOTE CONDUCT OF STREAMLINED PROCEEDINGS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14128-01-2
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