NY State Senate Bill 2021-S7432

Senate Bill S7432

2021-2022 Legislative Session

Enacts the "Fairly Applying Individual Requirements for Vaccine Mandates (FAIR Vaccine Mandates) Act"

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Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cultural affairs, tourism, parks and recreation
Oct 13, 2021	referred to rules

co-Sponsors

2021-S7432 (ACTIVE) - Details

See Assembly Version of this Bill:: A8410
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Add §61.14, Arts & Cul L
Versions Introduced in 2023-2024 Legislative Session:: A1913

2021-S7432 (ACTIVE) - Summary

Authorizes local governments, by local law, rule or executive order, to require performers, athletes, employees, attendees, and/or any other person or category of persons be vaccinated against COVID-19 to enter a place of entertainment.

2021-S7432 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7432

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the arts and cultural affairs law, in relation to enact-
ing the "fairly applying individual requirements for vaccine mandates
(FAIR Vaccine Mandates) act"

 
PURPOSE:

To prohibit local governments from discriminating in enforcement of
vaccine requirements in places of entertainment based on a person's
place of residency or usual employment.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill titles the bill the "Fairly Applying Individual
Requirements for Vaccine Mandates (FAIR Vaccine Mandates) Act"

Section 2 of the bill amends the Arts and Cultural Affairs Act by adding
a new section 61.14to allow a local government to require performers,

athletes, employees, attendees, and/or any other person or category of
persons be vaccinated against COVID-19 to enter a place of enter-
tainment, provided that the local government cannot exempt a person from
the vaccination requirements on the basis of the person's place of resi-
dency or usual employment.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

According to guidance published by the Counsel to the Mayor of New York
City on September 28, 2021, performers, athletes, and individuals accom-
panying them appearing at an indoor entertainment venue in New York City
require proof of vaccination against COVID-19 ONLY if they are residents
of New York city or are regularly employed by the establishment. That
means performers and athletes who reside out of the state are allowed to
perform without proof of vaccination, putting patrons, venue staff, and
other performers at risk of contracting COVID-19. This exemption for
out-of-town performers has no basis in science and creates confusion
about local vaccine requirements.

This nonsensical policy will also put local sports teams at a compet-
itive disadvantage. For example, a Nets or Knicks player that is unvac-
cinated cannot play home games, but if an unvaccinated player from
another state plays a game at Madison Square Garden or the Barclay's
Center, they can play.

This bill will prevent the unequal application of vaccination require-
ments in places of entertainment and protect local staff, crew, players,
performers, and audience members from a higher risk of contracting
COVID-19.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7432 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7432
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 13, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the arts and cultural affairs law, in relation to enact-
   ing the "fairly applying individual requirements for vaccine  mandates
   (FAIR Vaccine Mandates) act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act may be cited and shall  be  known  as
 the  "fairly applying individual requirements for vaccine mandates (FAIR
 Vaccine Mandates) Act".
   § 2. The arts and cultural affairs law is  amended  by  adding  a  new
 section 61.14 to read as follows:
   § 61.14. EQUITY OF VACCINE REQUIREMENTS IN ENTERTAINMENT AND THE ARTS.
 A  LOCAL  GOVERNMENT MAY, BY LOCAL LAW, RULE OR EXECUTIVE ORDER, REQUIRE
 PERFORMERS, ATHLETES, EMPLOYEES, ATTENDEES, AND/OR ANY OTHER  PERSON  OR
 CATEGORY  OF  PERSONS BE VACCINATED AGAINST COVID-19 TO ENTER A PLACE OF
 ENTERTAINMENT, PROVIDED SUCH LOCAL GOVERNMENT MAY NOT EXEMPT ANY  PERSON
 FROM  THE  VACCINATION REQUIREMENTS BASED UPON A PERSON'S PLACE OF RESI-
 DENCY OR USUAL EMPLOYMENT. AS USED IN THIS  SECTION,  "PLACE  OF  ENTER-
 TAINMENT"  MEANS  ANY  PRIVATELY  OR  PUBLICLY OWNED AND OPERATED ENTER-
 TAINMENT FACILITY SUCH AS A THEATRE, STADIUM, ARENA, RACETRACK,  MUSEUM,
 AMUSEMENT  PARK  OR  OTHER PLACE WHERE PERFORMANCES, CONCERTS, EXHIBITS,
 ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN ENTRY FEE IS CHARGED.
   § 3. This act shall take effect immediately; provided that  any  local
 law,  rule, or executive order requiring vaccination against COVID-19 to
 enter a place of entertainment in effect on the effective date  of  this
 act  which local law, rule, or order does not comply with the provisions
 of this act shall remain in effect, but any person  who  was  previously
 exempt from any such local law, rule, or executive order requirement due
 to  their  place  of  residency  or  usual employment shall no longer be
 exempt.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13341-03-1

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Senate Bill S7432

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Sponsored By

Brad Hoylman-Sigal