Bill Text: NY S04163 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides relief for business owners and employers affected by COVID-19.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S04163 Detail]

Download: New_York-2021-S04163-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4163

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Notwithstanding any provision of law or regulation  to  the
     2  contrary,  if as a result of a mandatory or precautionary order of quar-
     3  antine or isolation issued through an executive order from the  governor
     4  or  by  the  state of New York, the department of health, local board of
     5  health, or any governmental entity duly authorized to issue  such  order
     6  due  to  COVID-19,  businesses  are  forced to terminate employees which
     7  leads to increased unemployment rates for businesses in conjunction with
     8  increased unemployment claims, any  small  business  who  is  forced  to
     9  terminate an employee or employees shall be exempt from any unemployment
    10  insurance  rate  increases.  Such  exemption from unemployment insurance
    11  rate increases shall be for a period of one year from the date  that  an
    12  executive  order  or  law is issued or passed allowing for businesses to
    13  return to full staff and full hours of operation.  For purposes of  this
    14  act,  "small  business"  shall mean a business which is resident in this
    15  state, independently owned and operated  and  who  employs  one  hundred
    16  full-time equivalent employees or less.
    17    § 2. For the duration of any mandatory or precautionary order of quar-
    18  antine  or isolation issued through an executive order from the governor
    19  or by the state of New York, the department of health,  local  board  of
    20  health,  or  any governmental entity duly authorized to issue such order
    21  due to COVID-19 and for no less than one year after such order of  quar-
    22  antine  or  isolation  has  been  lifted,  internet-based  food delivery
    23  service providers shall be prohibited from increasing service and deliv-
    24  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

     1  ers had contracted for on or before March 1, 2020. For purposes of  this
     2  act,  "internet-based  food  delivery  service  provider" shall mean any
     3  third-party platform which provides online and mobile food ordering  and
     4  delivery  services in conjunction with local restaurants to deliver food
     5  from such local restaurants to customers.
     6    § 3. For the duration of any mandatory or precautionary order of quar-
     7  antine or isolation issued through an executive order from the  governor
     8  or  by  the  state of New York, the department of health, local board of
     9  health, or any governmental entity duly authorized to issue  such  order
    10  due  to  COVID-19,  small businesses shall have an additional 90 days to
    11  pay any monthly sales and payroll taxes which  become  due  during  such
    12  time.
    13    § 4. For the duration of any mandatory or precautionary order of quar-
    14  antine  or isolation issued through an executive order from the governor
    15  or by the state of New York, the department of health,  local  board  of
    16  health,  or  any governmental entity duly authorized to issue such order
    17  due to COVID-19, small businesses shall have an additional  60  days  to
    18  pay any business or property taxes which become due during such time.
    19    § 5. The state of New York mortgage agency shall have the authority to
    20  originate  and offer interest-free loans or lines of credit to any busi-
    21  ness who has been in operation as of March 1,  2020  and  who  has  been
    22  negatively  affected  by any mandatory or precautionary order of quaran-
    23  tine or isolation issued through an executive order from the governor or
    24  by the state of New York, the  department  of  health,  local  board  of
    25  health,  or  any governmental entity duly authorized to issue such order
    26  due to COVID-19. Such loans or lines of credit shall be  made  available
    27  to  such  businesses  for a period to be determined by the governor, but
    28  for not less than one year from the effective  date  of  this  act.  The
    29  amount of such loans or lines of credit authorized to be issued shall be
    30  limited  to an amount to cover such business' net payroll payables, owed
    31  rent or mortgage payments, and any taxes such  business  is  responsible
    32  for.
    33    § 6. Notwithstanding any other provision of law to the contrary, if an
    34  on-premises  alcohol  retailer  has experienced a renewal date for their
    35  New York state liquor license between the date a state disaster emergen-
    36  cy was declared by the governor pursuant  to  executive  order  202  and
    37  April 1, 2021, such retailer shall receive an extension of one year from
    38  the  time  such liquor license has expired to renew such license, and no
    39  late fees shall be charged for such extension.
    40    § 7. Businesses negatively affected by COVID-19 shall  have  an  addi-
    41  tional 90 days to pay any fees or penalties due to state and local agen-
    42  cies that become due and payable during the duration of any mandatory or
    43  precautionary  order of quarantine or isolation issued through an execu-
    44  tive order from the governor or by the state of New York, the department
    45  of health, local board  of  health,  or  any  governmental  entity  duly
    46  authorized  to issue such order due to COVID-19. Such fees and penalties
    47  due to state and local agencies shall include, but not  be  limited  to,
    48  late  filing  fees,  penalties  for  late  payment of sales tax owed and
    49  penalties for failure to renew liquor licenses.
    50    § 8. This act shall take effect immediately.
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