Assembly Bill A10859

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10859
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Steck) --
   read once and referred to the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to the opening  of
   indoor activities at health clubs
 
   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
 632 to read as follows:
   § 632. REOPENING OF HEALTH CLUBS.  1.  COUNTY  DEPARTMENTS  OF  HEALTH
 SHALL  BE  THE REOPENING AUTHORITY FOR ALL INDOOR ACTIVITIES IN GYMS AND
 FITNESS CENTERS. TO OPEN  FOR  INDOOR  ACTIVITIES  DURING  THE  COVID-19
 PANDEMIC,  HEALTH  CLUBS  SHALL  SUBMIT  INDIVIDUALIZED PLANS FOR INDOOR
 ACTIVITIES TO THE COUNTY DEPARTMENT OF HEALTH. THE COUNTY DEPARTMENT  OF
 HEALTH SHALL REVIEW EACH INDIVIDUAL PLAN FOR DEMONSTRATED SAFETY AND MAY
 REQUIRE  ADDITIONAL GUIDELINES FOR IMPROVED SAFETY. TO REOPEN FOR INDOOR
 ACTIVITIES, THE REGION WHERE THE HEALTH CLUB  IS  LOCATED  SHALL  BE  IN
 PHASE FOUR OR BEYOND, PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO
 OF  TWO  THOUSAND  TWENTY  AND  EXTENSIONS  THEREOF,  AND  SHALL HAVE AN
 INFECTION RATE OF NO MORE THAN FIVE PERCENT OF THE  POPULATION  OF  THAT
 REGION.
   2. NO PERSON SHALL ENTER THE HEALTH CLUB UNLESS THEY ARE A RESIDENT OF
 THE REGION WHERE SUCH HEALTH CLUB IS LOCATED, AS IDENTIFIED BY A GOVERN-
 MENT-ISSUED DRIVER'S LICENSE OR IDENTIFICATION CARD.
   3.  THE  RESPONSIBLE  PARTIES  OF  THE  HEALTH CLUB SHALL SANITIZE THE
 ENTIRE FACILITY EVERY TWENTY-FOUR HOURS AND SHALL ENSURE THE  SAFETY  OF
 GUESTS AT ALL TIMES.
   4.  ALL INDIVIDUALS, INCLUDING ALL EMPLOYEES, ENTERING THE HEALTH CLUB
 AT ANY TIME SHALL COMPLETE A COVID-19 SCREENING QUESTIONNAIRE  AND  HAVE
 THEIR  TEMPERATURE TAKEN AND RECORDED ON SUCH QUESTIONNAIRE. IF AN INDI-
 VIDUAL ANSWERS YES TO ANY OF THE QUESTIONS ON  THE  SCREENING  QUESTION-
 NAIRE,  THEY SHALL PROVIDE A COVID-19 TEST WITH A NEGATIVE RESULT, TAKEN
 AFTER THE DATE OF THE QUESTIONNAIRE, TO ENTER THE FACILITY.
   5. THE COVID-19 SCREENING QUESTIONNAIRE FOR HEALTH CLUBS SHALL CONTAIN
 THE INFORMATION AND SHALL BE IN THE FORM SET FORTH HEREINBELOW:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16971-01-0

 A. 10859                            2
 
 COVID-19 SCREENING QUESTIONNAIRE FOR HEALTH CLUBS
 DATE: ____________________________
 1. PLEASE ENTER YOUR FIRST AND LAST NAME.
 ____________________________
 2.  HAVE YOU EXPERIENCED ANY RESPIRATORY OR OTHER COVID-19 RELATED SYMP-
 TOMS  (COUGH,  FEVER,  SORE  THROAT,  MUSCLE  PAIN,  CHILLS,   LOSS   OF
 TASTE/SMELL, SHORTNESS OF BREATH, ETC.) IN THE LAST 14 DAYS?
 YES - NO ALLERGIES
 YES - HAVE ALLERGIES
 NO
 3. HAVE YOU EXPERIENCED A FEVER OVER 100.4°F IN THE LAST 48 HOURS?
 YES
 NO
 4. CURRENT TEMPERATURE: _______ °F
 5. HAVE YOU TESTED POSITIVE FOR COVID-19 IN THE PAST 14 DAYS?
 YES
 NO
 6.  HAVE YOU BEEN IN CLOSE CONTACT WITH ANYONE FOR A PROLONGED PERIOD OF
 TIME, WHO HAS A CONFIRMED OR SUSPECTED COVID-19  CASE  IN  THE  PAST  14
 DAYS?
 YES
 NO
 7.  IF  YOU HAVE ANSWERED YES TO ANY OF THE QUESTIONS ABOVE, YOU MAY NOT
 ENTER THESE PREMISES UNTIL YOU HAVE PROVIDED THIS FACILITY WITH A  NEGA-
 TIVE TEST FOR COVID-19 AFTER THE DATE OF THIS QUESTIONNAIRE.
 BY  CHECKING  THIS BOX YOU AGREE THAT THE ANSWERS TO THE QUESTIONS ABOVE
 ARE TRUE.
 __ I AGREE
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.