NY State Senate Bill 2019-S8559A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2020	print number 8559a
Jun 26, 2020	amend (t) and recommit to rules
Jun 16, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S8559 - Details

See Assembly Version of this Bill:: A10694
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1005, A3639

2019-S8559 - Summary

Authorizes certain entities to require the wearing of face coverings and masks and to ask a person to leave the premises who refuses to wear a face covering or mask; provides an exemption for children under the age of two and for those who cannot medically tolerate wearing a face covering or mask; and requires such entities to place a sign or poster at the entrance of the premises notifying persons entering the premises of the requirement to wear a face covering or mask.

2019-S8559 - Sponsor Memo

                                
 
BILL NUMBER: S8559

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to authorizing
certain entities to require the wearing of face coverings and face masks

 
PURPOSE:

To permit certain entities to require that patrons or employees wear
face masks that cover the nose and mouth while in the entity's place of
business.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law to permit businesses, corpo-
rations, associations, entities, and not-for-profit corporations to
require employees, customers, or vendors to wear a face mask that covers
their nose and mouth if they enter the building, and permits the enti-
ties to remove or prohibit those who refuse to wear masks from entering

the place of business.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2019, a novel coronavirus was discovered and began infecting people
across the world, called COVID-19. This new coronavirus is devastating
to the human body, in most cases it causes lasting respiratory damage
and can shut down the lungs. Though the people most at risk of compli-
cations from COVID-19 are those with underlying conditions, even healthy
individuals have lasting damage to their bodies, young people are seeing
rates of strokes that were previously unheard of in such a generally
healthy demographic.

As New York begins the process of reopening safely, businesses that have
been previously shut down are beginning to open their doors and help the
economy recover, and the safest way to do so is by permitting businesses
to protect their employees now and in the future by requiring people
wear masks. Face coverings and masks are one of the most effective ways
to prevent other people from catching any respiratory disease. While the
mask does not protect the individual wearing the mask from outside
bacteria, it does help protect the people around the individual from
bacteria or viruses that may be exhaled.

This bill explicitly allows businesses and nonprofits to require people
over the age of two and those who are medically capable to wear a mask
or face covering. The law will help protect businesses and nonprofits
from any public pushback and ensure people do not question whether these
entities can restrict what people wear on their premises. Further, the
bill ensures that if a business requires masks to be worn that they
communicate this to their customers through signage.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Immediately

2019-S8559 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8559
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law,  in  relation  to  authorizing
   certain  entities  to  require  the wearing of face coverings and face
   masks
 
   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;  PROVIDED,  HOWEVER,  THAT  SUCH REQUIREMENTS SHALL ONLY
 APPLY TO CHILDREN OVER THE AGE OF TWO AND TO PERSONS  WHO  ARE  ABLE  TO
 MEDICALLY TOLERATE 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 REMOVE PERSONS FROM THEIR FACILITY, IF  SUCH  PERSON  REFUSES  TO
 COVER  THEIR  MOUTH  AND  NOSE  WITH A MASK OR FACE COVERING UNLESS SUCH
 PERSON IS UNDER THE AGE OF TWO OR UNABLE TO MEDICALLY TOLERATE WEARING A
 MASK OR FACE COVERING.
   3. 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
 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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16557-02-0

co-Sponsors

2019-S8559A (ACTIVE) - Details

See Assembly Version of this Bill:: A10694
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1005, A3639

2019-S8559A (ACTIVE) - Summary

2019-S8559A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8559A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE:

To permit certain entities to require that patrons or employees wear
face masks that cover the nose and mouth while in the entity's place of
business.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law to permit businesses, corpo-
rations, associations, entities, and not-for-profit corporations to
require employees, customers, or vendors to wear a face mask that covers

their nose and mouth if they enter the building, and allows them to ask
them to leave the premises if an individual refuses to wear masks from
entering the place of business.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2019, a novel coronavirus was discovered and began infecting people
across the world, called COVID-19. This new coronavirus is devastating
to the human body, in most cases it causes lasting respiratory damage
and can shut down the lungs. Though the people most at risk of compli-
cations from COVID-19 are those with underlying conditions, even healthy
individuals have lasting damage to their bodies, young people are seeing
rates of strokes that were previously unheard of in such a generally
healthy demographic.

As New York begins the process of reopening safely, businesses that have
been previously shut down are beginning to open their doors and help the
economy recover, and the safest way to do so is by permitting businesses
to protect their employees now and in the future by requiring people
wear masks. Face coverings and masks are one of the most effective ways
to prevent other people from catching any respiratory disease. While the
mask does not protect the individual wearing the mask from outside
bacteria, it does help protect the people around the individual from
bacteria or viruses that may be exhaled.

This bill explicitly allows businesses and nonprofits to require people
over the age of two and those who are medically capable to wear a mask
or face covering. The law will help protect businesses and nonprofits
from any public pushback and ensure people do not question whether these
entities can restrict what people wear on their premises. Further, the
bill ensures that if a business requires masks to be worn that they
communicate this to their customers through signage.

 
LEGISLATIVE HISTORY:

None
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2019-S8559A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8559--A
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  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
   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.
                                                            LBD16557-03-0

 S. 8559--A                          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.

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Senate Bill S8559A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S8559 - Details

2019-S8559 - Summary

2019-S8559 - Sponsor Memo

2019-S8559 - Bill Text download pdf

co-Sponsors

2019-S8559A (ACTIVE) - Details

2019-S8559A (ACTIVE) - Summary

2019-S8559A (ACTIVE) - Sponsor Memo

2019-S8559A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8559A

Share this bill

Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S8559 - Details

2019-S8559 - Summary

2019-S8559 - Sponsor Memo

2019-S8559 - Bill Text download pdf

co-Sponsors

Liz Krueger

2019-S8559A (ACTIVE) - Details

2019-S8559A (ACTIVE) - Summary

2019-S8559A (ACTIVE) - Sponsor Memo

2019-S8559A (ACTIVE) - Bill Text download pdf

Comments