S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10694
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Economic  Develop-
   ment
 
 AN  ACT  to  amend  the general business law, in relation to authorizing
   certain entities to require the wearing of  face  coverings  and  face
   masks; and providing for the repeal of such provisions upon expiration
   thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   § 390-D. FACE COVERINGS AND MASKS. 1. NOTWITHSTANDING ANY OTHER FEDER-
 AL, STATE OR LOCAL LAW, RULE OR REGULATION TO THE  CONTRARY,  ANY  FIRM,
 BUSINESS, CORPORATION, ASSOCIATION, ENTITY OR NOT-FOR-PROFIT CORPORATION
 MAY  REQUIRE  ANY EMPLOYEE, VENDOR OR CUSTOMER ENTERING A PLACE OF BUSI-
 NESS OWNED BY SUCH FIRM, BUSINESS, CORPORATION, ASSOCIATION,  ENTITY  OR
 NOT-FOR-PROFIT  CORPORATION TO COVER THEIR MOUTH AND NOSE WITH A MASK OR
 FACE COVERING DURING THE  NOVEL  CORONAVIRUS,  COVID-19  STATE  DISASTER
 EMERGENCY  DECLARED BY THE GOVERNOR ON MARCH SEVENTH, TWO THOUSAND TWEN-
 TY; PROVIDED, HOWEVER, THAT SUCH REQUIREMENTS SHALL ONLY APPLY TO  CHIL-
 DREN OVER THE AGE OF TWO AND TO PERSONS WHO ARE ABLE TO MEDICALLY TOLER-
 ATE WEARING A MASK OR FACE COVERING.
   2.  ANY  FIRM,  BUSINESS, CORPORATION, ASSOCIATION, ENTITY OR NOT-FOR-
 PROFIT CORPORATION MAY PROHIBIT THE ENTRANCE OF PERSONS TO THEIR FACILI-
 TY, OR ASK A PERSON TO LEAVE THE PREMISES OF  THEIR  FACILITY,  IF  SUCH
 PERSON  REFUSES TO COVER THEIR MOUTH AND NOSE WITH A MASK OR FACE COVER-
 ING UNLESS SUCH PERSON IS UNDER THE AGE OF TWO OR  UNABLE  TO  MEDICALLY
 TOLERATE WEARING A MASK OR FACE COVERING.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO OVERRULE ARTICLE FOUR OF
 THE CIVIL RIGHTS LAW.
   4.  ANY  FIRM,  BUSINESS, CORPORATION, ASSOCIATION, ENTITY OR NOT-FOR-
 PROFIT CORPORATION REQUIRING THE WEARING OF  A  MASK  OR  FACE  COVERING
 SHALL  PLACE  A SIGN OR POSTER AT THE ENTRANCE OF THE PREMISES WHERE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16557-04-0

 A. 10694                            2
 
 WEARING OF A MASK OR FACE COVERING IS REQUIRED.   SUCH  SIGN  OR  POSTER
 SHALL BE IN PLAIN SIGHT AND IN CONSPICUOUS LETTERING.
   §  2.  This act shall take effect immediately, provided, however, that
 section one of this act shall be subject to the expiration of the  state
 disaster  emergency  declared  for  the  entire state by executive order
 number 202 and any further amendments or modifications, and  as  may  be
 further  extended pursuant to section 28 of the executive law, and shall
 be deemed to expire and repeal therewith; provided,  further,  that  the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of the expiration of the  state  disaster
 emergency  declared  for  the entire state by executive order number 202
 and any further amendments or  modifications,  and  as  may  be  further
 extended  pursuant to section 28 of the executive law, in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.