Senate Bill S8253A

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD16230-04-0

 S. 8253--A                          2
 
 BE  PROVIDED SO THAT SUCH CUSTOMER STILL OBTAINS THE PRODUCT OR SERVICES
 DESIRED OR REQUIRED.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO OVERRULE ARTICLE FOUR OF
 THE CIVIL RIGHTS LAW.
   4.  IF  A FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY OR NOT-FOR-
 PROFIT CORPORATION REQUIRES  THE  TAKING  OF  BODY  TEMPERATURE  OF  ANY
 EMPLOYEE,  VENDOR  OR  CUSTOMER, A SIGN OR POSTER SHALL BE PLACED AT THE
 ENTRANCE OF THE PREMISES IN PLAIN SIGHT AND IN CONSPICUOUS LETTERING  OF
 AT LEAST FORTY-EIGHT BOLD FACE TYPE EXPLAINING THE PROCEDURES THEREFOR.
   §  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 repealed 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.