Senate Bill S8179

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8179
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN ACT in relation to providing relief for business owners and employers
   affected by COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding any provision of law or regulation  to  the
 contrary,  if as a result of a mandatory or precautionary order of quar-
 antine or isolation issued through an executive order from the  governor
 or  by  the  state of New York, the department of health, local board of
 health, or any governmental entity duly authorized to issue  such  order
 due  to  COVID-19,  businesses  are  forced to terminate employees which
 leads to increased unemployment rates for businesses in conjunction with
 increased unemployment claims, any  small  business  who  is  forced  to
 terminate an employee or employees shall be exempt from any unemployment
 insurance  rate  increases.  Such  exemption from unemployment insurance
 rate increases shall be for a period of one year from the date  that  an
 executive  order  or  law is issued or passed allowing for businesses to
 return to full staff and full hours of operation.  For purposes of  this
 act,  "small  business"  shall mean a business which is resident in this
 state, independently owned and operated  and  who  employs  one  hundred
 full-time equivalent employees or less.
   § 2. For the duration of any mandatory or precautionary order of quar-
 antine  or isolation issued through an executive order from the governor
 or by the state of New York, the department of health,  local  board  of
 health,  or  any governmental entity duly authorized to issue such order
 due to COVID-19 and for no less than one year after such order of  quar-
 antine  or  isolation  has  been  lifted,  internet-based  food delivery
 service providers shall be prohibited from increasing service and deliv-
 ery fees charged to customers at any level higher than what such provid-
 ers had contracted for on or before March 1, 2020. For purposes of  this
 act,  "internet-based  food  delivery  service  provider" shall mean any
 third-party platform which provides online and mobile food ordering  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16055-03-0

 S. 8179                             2
 
 delivery  services in conjunction with local restaurants to deliver food
 from such local restaurants to customers.
   § 3. For the duration of any mandatory or precautionary order of quar-
 antine  or isolation issued through an executive order from the governor
 or by the state of New York, the department of health,  local  board  of
 health,  or  any governmental entity duly authorized to issue such order
 due to COVID-19, small businesses shall have an additional  90  days  to
 pay  any  monthly  sales  and payroll taxes which become due during such
 time.
   § 4. For the duration of any mandatory or precautionary order of quar-
 antine or isolation issued through an executive order from the  governor
 or  by  the  state of New York, the department of health, local board of
 health, or any governmental entity duly authorized to issue  such  order
 due  to  COVID-19,  small businesses shall have an additional 60 days to
 pay any business or property taxes which become due during such time.
   § 5. The state of New York mortgage agency shall have the authority to
 originate and offer interest-free loans or lines of credit to any  busi-
 ness  who  has  been  in  operation as of March 1, 2020 and who has been
 negatively affected by any mandatory or precautionary order  of  quaran-
 tine or isolation issued through an executive order from the governor or
 by  the  state  of  New  York,  the department of health, local board of
 health, or any governmental entity duly authorized to issue  such  order
 due  to  COVID-19. Such loans or lines of credit shall be made available
 to such businesses for a period to be determined by  the  governor,  but
 for  not  less  than  one  year from the effective date of this act. The
 amount of such loans or lines of credit authorized to be issued shall be
 limited to an amount to cover such business' net payroll payables,  owed
 rent  or  mortgage  payments, and any taxes such business is responsible
 for.
   § 6. Hospitality business operators who have purchased alcohol  inven-
 tory  from distributors prior to March 1, 2020 and who are now unable to
 sell such alcohol inventory as a direct  result  of  COVID-19  shall  be
 permitted  to  return  such inventory directly to the distributor it was
 purchased from and receive a refund for the full  amount  of  the  total
 price  paid,  less a restocking fee which shall not exceed 10 percent of
 the total price paid. Any alcohol inventory being returned to a distrib-
 utor shall be sealed in its original packaging and shall be able  to  be
 resold  by  such  distributor.  Hospitality  business operators shall be
 eligible to return such alcohol inventory for a period of up to 60  days
 from the effective date of this act.
   §  7.  Businesses  negatively affected by COVID-19 shall have an addi-
 tional 90 days to pay any fees or penalties due to state and local agen-
 cies that become due and payable during the duration of any mandatory or
 precautionary order of quarantine or isolation issued through an  execu-
 tive order from the governor or by the state of New York, the department
 of  health,  local  board  of  health,  or  any governmental entity duly
 authorized to issue such order due to COVID-19. Such fees and  penalties
 due  to  state  and local agencies shall include, but not be limited to,
 late filing fees, penalties for late  payment  of  sales  tax  owed  and
 penalties for failure to renew liquor licenses.
   § 8. This act shall take effect immediately.