S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3639
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, SIMON -- read once and referred to
   the Committee on Economic Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01041-01-1

 A. 3639                             2
 
 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, 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.