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Legislative Memo

Lev Ginsburg, Esq.
Director of Government Affairs
T 518.465.7511, ext. 207
www.bcnys.org

BILL:

S.4120-A (Akshar) / A.8205-A (McDonald)

Support

SUBJECT:

Small Business Fines

 

DATE:

June 13, 2017

 

The Business Council, which represents hundreds of small businesses across New York State supports S.4120-A (Akshar) / A.8205-A (McDonald), which requires agencies not fine a small business for a first violation of such agency's regulations, unless the agency determines that the violation directly affects public health or safety.  Further, the agency must provide literature or an in-person meeting to inform such small business of its regulations.

A primary concern to every small business owner, is that they are in full compliance with all government rules and regulations that apply to their businesses. These rules and regulations typically tend to be complicated and difficult to understand. This legislation would require agencies to provide small businesses with information on how to comply with the necessary requirements rather than simply fining the business for non-health-or-safety related first violation.

In our heavily regulated state, it is crucial that small businesses be given the ability and knowledge necessary to comply completely with all government regulations and that the regulatory scheme of the state not simply act as a “gotcha” regime. This legislation would not only ensure reasonable regulatory enforcement practices but would also guarantee that businesses be provided with materials necessary to comply with all regulations into the future.

On behalf of small businesses throughout the state and for the above mentioned reasons, The Business Council enthusiastically supports S.4120-A (Akshar) / A.8205-A (McDonald) and encourages its enactment into law.