Enacts the "small business fairness act" to permit a business that has been ordered to cease or limit operations pursuant to an executive order due to a declared state disaster emergency to continue or resume operations if the products sold or services offered by the business are also available at a business that has not been required to cease or limit operations by the executive order or an order of the health department.
S T A T E O F N E W Y O R K
________________________________________________________________________
2525
2025-2026 Regular Sessions
I N A S S E M B L Y
January 17, 2025
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Small Business
AN ACT to amend the executive law and the public health law, in relation
to enacting the small business fairness act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "small
business fairness act".
§ 2. Section 29-a of the executive law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION AND ANY OTHER
SPECIAL, GENERAL OR LOCAL LAW TO THE CONTRARY, A PERSON OPERATING A
BUSINESS THAT HAS BEEN ORDERED TO CEASE OR LIMIT OPERATIONS PURSUANT TO
AN EXECUTIVE ORDER ISSUED UNDER THIS SECTION DUE TO A DECLARED STATE
DISASTER EMERGENCY MAY CONTINUE OR RESUME OPERATIONS IF:
(A) THE PRODUCTS SOLD OR SERVICES OFFERED BY THE BUSINESS ARE ALSO
AVAILABLE AT A BUSINESS THAT HAS NOT BEEN REQUIRED TO CEASE OR LIMIT
OPERATIONS BY THE EXECUTIVE ORDER AND THE OPEN BUSINESS IS OPERATING AT
A PHYSICAL LOCATION IN THE AREA AFFECTED BY THE ORDER; AND
(B) THE BUSINESS THAT WAS REQUIRED TO LIMIT OR CEASE OPERATIONS
COMPLIES WITH ANY SAFETY PRECAUTIONS THAT THE ORDER REQUIRES OF BUSI-
NESSES THAT ARE PERMITTED TO CONTINUE OPERATIONS.
§ 3. The public health law is amended by adding a new section 12-e to
read as follows:
§ 12-E. HEALTH EMERGENCY ORDER; LIMITATIONS. 1. NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, A
PERSON OPERATING A BUSINESS THAT HAS BEEN ORDERED TO CEASE OR LIMIT
OPERATIONS BY A STATE OR LOCAL PUBLIC HEALTH OFFICIAL DUE TO A DECLARED
EMERGENCY, AN EPIDEMIC, A THREATENED EPIDEMIC, OR THE UNUSUAL PREVALENCE
OF A DANGEROUS COMMUNICABLE DISEASE, MAY CONTINUE OR RESUME OPERATIONS
IF:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01448-01-5
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.