senate Bill S8253A

2019-2020 Legislative Session

Authorizes the screening for body temperatures during the novel coronavirus, COVID-19 state disaster emergency

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2020 print number 8253a
May 08, 2020 amend (t) and recommit to consumer protection
Apr 27, 2020 referred to consumer protection

S8253 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business
Laws Affected:
Add §390-cc, Gen Bus L

S8253 - Summary

Authorizes any firm, business, corporation, association, entity or not-for-profit corporation may opt into requiring the taking of body temperature of any employee, vendor or customer entering a place of business owned by such firm, corporation, association, entity or not-for-profit corporation during the novel coronavirus, COVID-19 state disaster emergency declared by the governor on March 7, 2020; makes related provisions.

S8253 - Sponsor Memo

S8253 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8253

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT in relation to authorizing the screening  for  body  temperatures
  during  the  novel coronavirus, COVID-19 state disaster emergency; 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.  1. Notwithstanding any other federal, state or local law,
rule or regulation to the contrary,  any  firm,  business,  corporation,
association, entity or not-for-profit corporation may opt into requiring
the  taking  of  body  temperature  of  any employee, vendor or customer
entering a place of business owned by such  firm,  corporation,  associ-
ation,  entity  or not-for-profit corporation during the novel coronavi-
rus, COVID-19 state disaster emergency declared by the governor on March
7, 2020.
  2. Such firm, business, corporation, association, entity  or  not-for-
profit  corporation  may  screen for body temperature using non-invasive
thermal cameras.  If the temperature of an employee, vendor or  customer
is  100.4  degrees  Fahrenheit  or  higher,  the standard devised by the
Centers for Disease Control and Prevention as  a  potential  coronavirus
marker, the following situations shall apply:
  (a)  If  an  employee: the employee would be sent home immediately and
cannot return to work until 3 days after his or her body temperature has
fallen below 100.4 degrees Fahrenheit.
  (b) If a vendor: the vendor shall vacate the premises immediately.
  (c) If a customer: the customer shall  be  discreetly  informed  by  a
trained  member  of the firm, business, corporation, association, entity
or not-for-profit corporation or building staff of the body temperature,
and an alternative for the customer  shall  be  provided  so  that  such
customer still receives the product or services desired or required.
  3.  Nothing  in  this act shall be deemed to overrule any provision of
the civil rights law.
  § 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed when the governor declares the conclusion of novel coro-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S8253A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business
Laws Affected:
Add §390-cc, Gen Bus L

S8253A (ACTIVE) - Summary

Authorizes any firm, business, corporation, association, entity or not-for-profit corporation may opt into requiring the taking of body temperature of any employee, vendor or customer entering a place of business owned by such firm, corporation, association, entity or not-for-profit corporation during the novel coronavirus, COVID-19 state disaster emergency declared by the governor on March 7, 2020; makes related provisions.

S8253A (ACTIVE) - Sponsor Memo

S8253A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8253--A

                            I N  S E N A T E

                             April 27, 2020
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to authorizing the
  screening for body temperatures during the novel coronavirus, COVID-19
  state disaster  emergency;  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-cc to read as follows:
  § 390-CC. SCREENING FOR BODY   TEMPERATURE.   1.  NOTWITHSTANDING  ANY
OTHER  FEDERAL,  STATE OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY,
ANY FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY  OR  NOT-FOR-PROFIT
CORPORATION  MAY REQUIRE THE TAKING OF BODY TEMPERATURE OF ANY EMPLOYEE,
VENDOR OR CUSTOMER ENTERING A PLACE OF  BUSINESS  OWNED  BY  SUCH  FIRM,
CORPORATION,  ASSOCIATION,  ENTITY  OR NOT-FOR-PROFIT CORPORATION DURING
THE NOVEL CORONAVIRUS, COVID-19 STATE DISASTER EMERGENCY DECLARED BY THE
GOVERNOR ON MARCH 7, 2020.
  2. SUCH FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY  OR  NOT-FOR-
PROFIT  CORPORATION  MAY  SCREEN FOR BODY TEMPERATURE USING NON-INVASIVE
METHODS.  IF THE TEMPERATURE OF AN EMPLOYEE, VENDOR OR CUSTOMER IS 100.4
DEGREES FAHRENHEIT OR HIGHER, THE STANDARD DEVISED BY  THE  CENTERS  FOR
DISEASE  CONTROL  AND  PREVENTION AS A POTENTIAL CORONAVIRUS MARKER, THE
FOLLOWING SITUATIONS SHALL APPLY:
  (A) IF AN EMPLOYEE: THE EMPLOYEE WOULD BE SENT  HOME  IMMEDIATELY  AND
CANNOT RETURN TO WORK UNTIL 3 DAYS AFTER HIS OR HER BODY TEMPERATURE HAS
FALLEN BELOW 100.4 DEGREES FAHRENHEIT.
  (B) IF A VENDOR: THE VENDOR SHALL VACATE THE PREMISES IMMEDIATELY.
  (C)  IF  A  CUSTOMER:  THE  CUSTOMER SHALL BE DISCREETLY INFORMED BY A
TRAINED MEMBER OF THE FIRM, BUSINESS, CORPORATION,  ASSOCIATION,  ENTITY
OR  NOT-FOR-PROFIT CORPORATION OR BUILDING STAFF OF THE BODY TEMPERATURE
AND ASKED TO LEAVE THE PREMISES. AN ALTERNATIVE FOR THE  CUSTOMER  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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