Bill Text: NY S09088 | 2019-2020 | General Assembly | Introduced

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Bill Title: Waives the assessment of fines or monetary penalties against a not-for-profit organization, school, place of worship or small business located in a city with a population of one million or more by a state or local agency for a violation of law, rule, regulation or executive order during the COVID-19 covered period; provides exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-09 - REFERRED TO RULES [S09088 Detail]

Download: New_York-2019-S09088-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9088

                    IN SENATE

                                    November 9, 2020
                                       ___________

        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to enact the "save our stores act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Short title. This act shall be known and may be cited as
     2  the "save our stores act".
     3    § 2. 1. (a) Notwithstanding any other law, rule or regulation  to  the
     4  contrary,  in  a city with a population of one million or more, any fine
     5  or monetary civil penalty assessed against  a  not-for-profit  organiza-
     6  tion,  school,  place  of  worship or small business by a state or local
     7  agency for a violation of state or local law, rule, regulation or execu-
     8  tive order during the COVID-19 covered period shall be deemed  void  and
     9  waived  unless  such  fines  or  penalties  are assessed for a violation
    10  provided in paragraph (b) of this subdivision.
    11    (b) No waiver of fines or penalties shall be given if a state or local
    12  agency determines that the violation may result in  a  natural  resource
    13  damage  claim  or  serious actual harm, is a violation of human or civil
    14  rights law, results in loss of employee wages  or  benefits,  interferes
    15  with any remedy, review, or resolution related to harassment or discrim-
    16  ination  claims,  was  or  is  a  willful violation, involves tax fraud,
    17  violates requirements related to federal funding to the  state,  relates
    18  to state funding or procurement, or is a penal law violation.
    19    2.  For  the  purposes of this act, the following terms shall have the
    20  following meanings:
    21    (a) "COVID-19 covered period" means the duration of the state disaster
    22  emergency declared on March 7, 2020 pursuant to executive  order  number
    23  two hundred two of two thousand twenty; and
    24    (b)  "Small  business"  means  any  business which is resident in this
    25  state, independently owned and operated, and employs one hundred or less
    26  individuals.
    27    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17557-02-0