Bill Text: NY A03639 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes certain entities to require the wearing of face coverings and masks and to ask a person to leave the premises who refuses to wear a face covering or mask; provides an exemption for children under the age of two and for those who cannot medically tolerate wearing a face covering or mask; requires such entities to place a sign or poster at the entrance of the premises notifying persons entering the premises of the requirement to wear a face covering or mask.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to economic development [A03639 Detail]

Download: New_York-2021-A03639-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3639

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. The general business law is amended by adding a new section
     2  390-d to read as follows:
     3    § 390-d. Face coverings and masks. 1. Notwithstanding any other feder-
     4  al,  state  or  local law, rule or regulation to the contrary, any firm,
     5  business, corporation, association, entity or not-for-profit corporation
     6  may require any employee, vendor or customer entering a place  of  busi-
     7  ness  owned  by such firm, business, corporation, association, entity or
     8  not-for-profit corporation to cover their mouth and nose with a mask  or
     9  face  covering  during  the  novel  coronavirus, COVID-19 state disaster
    10  emergency declared by the governor on March seventh, two thousand  twen-
    11  ty;  provided, however, that such requirements shall only apply to chil-
    12  dren over the age of two and to persons who are able to medically toler-
    13  ate wearing a mask or face covering.
    14    2. Any firm, business, corporation, association,  entity  or  not-for-
    15  profit corporation may prohibit the entrance of persons to their facili-
    16  ty,  or  ask  a  person to leave the premises of their facility, if such
    17  person refuses to cover their mouth and nose with a mask or face  cover-
    18  ing  unless  such  person is under the age of two or unable to medically
    19  tolerate wearing a mask or face covering.
    20    3. Nothing in this section shall be deemed to overrule article four of
    21  the civil rights law.
    22    4. Any firm, business, corporation, association,  entity  or  not-for-
    23  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

     1  shall place a sign or poster at the entrance of the premises  where  the
     2  wearing  of  a  mask  or face covering is required.  Such sign or poster
     3  shall be in plain sight and in conspicuous lettering.
     4    §  2.  This act shall take effect immediately, provided, however, that
     5  section one of this act shall be subject to the expiration of the  state
     6  disaster  emergency  declared  for  the  entire state by executive order
     7  number 202 and any further amendments or modifications, and  as  may  be
     8  further  extended pursuant to section 28 of the executive law, and shall
     9  be deemed to expire and repeal therewith; provided,  further,  that  the
    10  commissioner  of  health  shall  notify  the  legislative  bill drafting
    11  commission upon the occurrence of the expiration of the  state  disaster
    12  emergency  declared  for  the entire state by executive order number 202
    13  and any further amendments or  modifications,  and  as  may  be  further
    14  extended  pursuant to section 28 of the executive law, in order that the
    15  commission may maintain an accurate and timely effective  data  base  of
    16  the official text of the laws of the state of New York in furtherance of
    17  effectuating  the  provisions  of  section 44 of the legislative law and
    18  section 70-b of the public officers law.