NY State Senate Bill 2023-S1263

Senate Bill S1263

2023-2024 Legislative Session

Prohibits a government entity, its political subdivisions, agents or assigns from requiring individuals to wear face coverings or face masks

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Current Bill Status - In Senate Committee Health 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 03, 2024	referred to health
Jan 11, 2023	referred to health

co-Sponsors

2023-S1263 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health
Versions Introduced in 2021-2022 Legislative Session:: S7269

2023-S1263 (ACTIVE) - Summary

Prohibits a government entity, its political subdivisions, agents or assigns from requiring individuals to wear face coverings or face masks.

2023-S1263 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1263

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to prohibit a government entity, its political subdivisions,
agents or assigns from requiring individuals to wear face coverings or
face masks

 
PURPOSE:

The purpose of this bill is to ensure that with the Governor ending his
emergency powers, a government entity could no longer require individ-
uals to wear facemasks related to the COVID-19 virus.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Notwithstanding any other provision of law, regulation, guid-
ance, or executive order to the contrary, no government entity, or its
political subdivisions, agents, or assigns, shall be permitted to
require, as a condition of receiving any service or entering any place,
an individual to wear a face covering or face mask when such purpose for

wearing the covering or mask is related to the COVID-19 virus.

Nothing in this act shall prohibit a private entity from requiring, as a
condition of receiving any service or entering any place, an individual
to wear a face covering or face mask.

Nothing in this act shall limit the ability of a nursing home, long-term
care facility or hospital to require an individual entering such facili-
ty from wearing a face covering or face mask.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

Since the governor ended the state of emergency and "gave up" his emer-
gency powers on June 24, 2021, we have learned that the Department of.
Health issued an emergency regulation on June 23, 2021 pursuant to
authority vested in the Commissioner by Sections 201, 206 and 225 of the
Public Health Law (PHL), and Executive Order 202. The regulation
requires face coverings in certain circumstances.

This bill would implement a clean repeal of the mask mandate in a public
setting. While those who are not comfortable taking this step will still
be free to wear a mask, those who are vaccinated, recovered or simply
feel its not necessary will be released from this rule.

 
LEGISLATIVE HISTORY:

2022: S.7269 Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1263 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1263
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced by Sens. BORRELLO, OBERACKER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Health
 
 AN  ACT  to  prohibit  a  government entity, its political subdivisions,
   agents or assigns from requiring individuals to wear face coverings or
   face masks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 1. Notwithstanding any other provision of law, regulation,
 guidance or executive order to the contrary, no  government  entity,  or
 its  political  subdivisions,  agents, or assigns, shall be permitted to
 require, as a condition of receiving any service or entering any  place,
 an individual to wear a face covering or face mask when such purpose for
 wearing the covering or mask is related to the COVID-19 virus.
   2. Nothing in this act shall prohibit a private entity from requiring,
 as  a condition of receiving any service or entering any place, an indi-
 vidual to wear a face covering or face mask.
   3. Nothing in this act shall limit the  ability  of  a  nursing  home,
 long-term  care  facility  or hospital to require an individual entering
 such facility from wearing a face covering or face mask.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03959-01-3

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Senate Bill S1263

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Sponsored By

George M. Borrello