NY State Senate Bill 2019-S8253A

Senate Bill S8253A

2019-2020 Legislative Session

Authorizes the screening for body temperatures during the novel coronavirus, COVID-19 state disaster emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2020	print number 8253a
May 08, 2020	amend (t) and recommit to consumer protection
Apr 27, 2020	referred to consumer protection

Bill Amendments

Original

A (Active)

2019-S8253 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business
Laws Affected:: Add §390-cc, Gen Bus L

2019-S8253 - Summary

Authorizes any firm, business, corporation, association, entity or not-for-profit corporation may opt into requiring the taking of body temperature of any employee, vendor or customer entering a place of business owned by such firm, corporation, association, entity or not-for-profit corporation during the novel coronavirus, COVID-19 state disaster emergency declared by the governor on March 7, 2020; makes related provisions.

2019-S8253 - Sponsor Memo

                                
 
BILL NUMBER: S8253

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act in relation to authorizing the screening for body temperatures
during the novel coronavirus, COVID-19 state disaster emergency; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize any firm, business, corporation, asso-
ciation, entity or not-for-profit corporation to opt into requiring the
taking of body temperature of any employee, vendor or customer entering
a place of business.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Authorizes any firm, business, corporation, association,
entity or not-for-profit corporation to opt into requiring the taking of
body temperature of any employee, vendor or customer entering a place of

business. If the temperature of an employee, vendor or customer is 100.4
degrees Fahrenheit or higher, the standard devised by the Centers for
Disease Control and Prevention as a potential coronavirus marker, the
following situations shall apply:
(a) If an employee: the employee would be sent home immediately and
cannot return to work until 3 days after his or her body temperature has
fallen below 100.4 degrees Fahrenheit.
(b) If a vendor: the vendor shall vacate the premises immediately.
(c) If a customer: the customer shall be discreetly informed by a
trained member of the firm, business, corporation, association, entity
or not-for-profit corporation or building staff of the body temperature,
and an alternative for the customer shall be provided so that such
customer still receives the product or services desired or required.
Nothing in this act shall be deemed to overrule any provision of the
civil rights law.

Section 2. Effective Date.

 
JUSTIFICATION:

Screening for temperature using non-invasive thermal cameras at business
entrances would help protect both workers and customers. In this
unprecedented time, it is important to give businesses the opportunity
to partner in the government's efforts to stop the spread of COVID-19.

Companies have stepped up safety measures as the crisis has worsened,
adopting measures such as plexi-glass at cash registers, signs reminding
customers of social distancing and one-way aisles to reduce crowded
lanes.

This measure would give them another tool in their toolbox in the fight
against COVID-19.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed when the governor declares the conclusion of novel coronavirus,
COVID-19 state disaster emergency.

2019-S8253 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8253
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT in relation to authorizing the screening  for  body  temperatures
   during  the  novel coronavirus, COVID-19 state disaster emergency; 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:
 
   Section  1.  1. Notwithstanding any other federal, state or local law,
 rule or regulation to the contrary,  any  firm,  business,  corporation,
 association, entity or not-for-profit corporation may opt into requiring
 the  taking  of  body  temperature  of  any employee, vendor or customer
 entering a place of business owned by such  firm,  corporation,  associ-
 ation,  entity  or not-for-profit corporation during the novel coronavi-
 rus, COVID-19 state disaster emergency declared by the governor on March
 7, 2020.
   2. Such firm, business, corporation, association, entity  or  not-for-
 profit  corporation  may  screen for body temperature using non-invasive
 thermal cameras.  If the temperature of an employee, vendor or  customer
 is  100.4  degrees  Fahrenheit  or  higher,  the standard devised by the
 Centers for Disease Control and Prevention as  a  potential  coronavirus
 marker, the following situations shall apply:
   (a)  If  an  employee: the employee would be sent home immediately and
 cannot return to work until 3 days after his or her body temperature has
 fallen below 100.4 degrees Fahrenheit.
   (b) If a vendor: the vendor shall vacate the premises immediately.
   (c) If a customer: the customer shall  be  discreetly  informed  by  a
 trained  member  of the firm, business, corporation, association, entity
 or not-for-profit corporation or building staff of the body temperature,
 and an alternative for the customer  shall  be  provided  so  that  such
 customer still receives the product or services desired or required.
   3.  Nothing  in  this act shall be deemed to overrule any provision of
 the civil rights law.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed when the governor declares the conclusion of novel coro-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16230-02-0

 S. 8253                             2
 
 navirus,  COVID-19  state disaster emergency; provided, however that the
 governor shall notify the legislative bill drafting commission upon  the
 occurrence  of  the conclusion of such novel coronavirus, COVID-19 state
 disaster emergency in order that the commission may maintain an accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

2019-S8253A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business
Laws Affected:: Add §390-cc, Gen Bus L

2019-S8253A (ACTIVE) - Summary

2019-S8253A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8253A

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the general business law, in relation to authorizing the
screening for body temperatures during the novel coronavirus, COVID-19
state disaster emergency; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize any firm, business, corporation, asso-
ciation, entity or not-for-profit corporation to opt into requiring the
taking of body temperature of any employee, vendor or customer entering
a place of business.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new section 390-cc in the general business law that
authorizes any firm, business, corporation, association, entity or not-

for-profit corporation to opt into requiring the taking of body temper-
ature of any employee, vendor or customer entering a place of business.
If the temperature of an employee, vendor or customer is 100.4 degrees
Fahrenheit or higher, the standard devised by the Centers for Disease
Control and Prevention as a potential coronavirus marker, the following
situations shall apply:

(a) If an employee: the employee would be sent home immediately and
cannot return to work until 3 days after his or her body temperature has
fallen below 100.4 degrees Fahrenheit.

(b) If a vendor: the vendor shall vacate the premises immediately.

(c) If a customer: the customer shall be discreetly informed by a
trained member of the firm, business, corporation, association, entity
or not-for-profit corporation or building staff of the body temperature,
and an alternative for the customer shall be provided so that such
customer still receives the product or services desired or required.

Nothing in this act shall be deemed to overrule article 4 of the civil
rights law.

If a firm, business, etc. requires the taking of body temperature of any
employee, vendor or customer, a sign or poster shall be placed at the
entrance of the premises in plain sight.

Section 2. Effective Date.

 
JUSTIFICATION:

Screening for temperature using non-invasive measures at business
entrances would help protect both workers and customers. In this
unprecedented time, it is important to give businesses the opportunity
to partner in the government's efforts to stop the spread of COVID-19.

Companies have stepped up safety measures as the crisis has worsened,
adopting measures such as plexi-glass at cash registers, signs reminding
customers of social distancing and one-way aisles to reduce crowded
lanes. This measure would give them another tool in their toolbox in the
fight against COVID-19. Taking a person's temperature before they enter
an establishment is a simple way to identify a potential symptom of
COVID-19 and help limit it's spread.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed when the governor declares the conclusion of novel coronavirus,
COVID-19 state disaster emergency.

2019-S8253A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8253--A
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to authorizing the
   screening for body temperatures during the novel coronavirus, COVID-19
   state disaster  emergency;  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:
 
   Section 1. The general business law is amended by adding a new section
 390-cc to read as follows:
   § 390-CC. SCREENING FOR BODY   TEMPERATURE.   1.  NOTWITHSTANDING  ANY
 OTHER  FEDERAL,  STATE OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY  OR  NOT-FOR-PROFIT
 CORPORATION  MAY REQUIRE THE TAKING OF BODY TEMPERATURE OF ANY EMPLOYEE,
 VENDOR OR CUSTOMER ENTERING A PLACE OF  BUSINESS  OWNED  BY  SUCH  FIRM,
 CORPORATION,  ASSOCIATION,  ENTITY  OR NOT-FOR-PROFIT CORPORATION DURING
 THE NOVEL CORONAVIRUS, COVID-19 STATE DISASTER EMERGENCY DECLARED BY THE
 GOVERNOR ON MARCH 7, 2020.
   2. SUCH FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY  OR  NOT-FOR-
 PROFIT  CORPORATION  MAY  SCREEN FOR BODY TEMPERATURE USING NON-INVASIVE
 METHODS.  IF THE TEMPERATURE OF AN EMPLOYEE, VENDOR OR CUSTOMER IS 100.4
 DEGREES FAHRENHEIT OR HIGHER, THE STANDARD DEVISED BY  THE  CENTERS  FOR
 DISEASE  CONTROL  AND  PREVENTION AS A POTENTIAL CORONAVIRUS MARKER, THE
 FOLLOWING SITUATIONS SHALL APPLY:
   (A) IF AN EMPLOYEE: THE EMPLOYEE WOULD BE SENT  HOME  IMMEDIATELY  AND
 CANNOT RETURN TO WORK UNTIL 3 DAYS AFTER HIS OR HER BODY TEMPERATURE HAS
 FALLEN BELOW 100.4 DEGREES FAHRENHEIT.
   (B) IF A VENDOR: THE VENDOR SHALL VACATE THE PREMISES IMMEDIATELY.
   (C)  IF  A  CUSTOMER:  THE  CUSTOMER SHALL BE DISCREETLY INFORMED BY A
 TRAINED MEMBER OF THE FIRM, BUSINESS, CORPORATION,  ASSOCIATION,  ENTITY
 OR  NOT-FOR-PROFIT CORPORATION OR BUILDING STAFF OF THE BODY TEMPERATURE
 AND ASKED TO LEAVE THE PREMISES. AN ALTERNATIVE FOR THE  CUSTOMER  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16230-04-0

 S. 8253--A                          2
 
 BE  PROVIDED SO THAT SUCH CUSTOMER STILL OBTAINS THE PRODUCT OR SERVICES
 DESIRED OR REQUIRED.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED TO OVERRULE ARTICLE FOUR OF
 THE CIVIL RIGHTS LAW.
   4.  IF  A FIRM, BUSINESS, CORPORATION, ASSOCIATION, ENTITY OR NOT-FOR-
 PROFIT CORPORATION REQUIRES  THE  TAKING  OF  BODY  TEMPERATURE  OF  ANY
 EMPLOYEE,  VENDOR  OR  CUSTOMER, A SIGN OR POSTER SHALL BE PLACED AT THE
 ENTRANCE OF THE PREMISES IN PLAIN SIGHT AND IN CONSPICUOUS LETTERING  OF
 AT LEAST FORTY-EIGHT BOLD FACE TYPE EXPLAINING THE PROCEDURES THEREFOR.
   §  2.  This act shall take effect immediately, provided, however, that
 section one of this act shall be subject to the expiration of the  state
 disaster  emergency  declared  for  the  entire state by executive order
 number 202 and any further amendments or modifications, and  as  may  be
 further  extended pursuant to section 28 of the executive law, and shall
 be deemed to expire and repealed therewith; provided, further, that  the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of the expiration of the  state  disaster
 emergency  declared  for  the entire state by executive order number 202
 and any further amendments or  modifications,  and  as  may  be  further
 extended  pursuant to section 28 of the executive law, in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.

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