Senate Bill S4163

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4163
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens. BORRELLO, GALLIVAN, JORDAN, ORTT -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Commerce, Economic Development 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08708-01-1

 S. 4163                             2
 
 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
 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. Notwithstanding any other provision of law to the contrary, if an
 on-premises  alcohol  retailer  has experienced a renewal date for their
 New York state liquor license between the date a state disaster emergen-
 cy was declared by the governor pursuant  to  executive  order  202  and
 April 1, 2021, such retailer shall receive an extension of one year from
 the  time  such liquor license has expired to renew such license, and no
 late fees shall be charged for such extension.
   § 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.