Assembly Bill A1916

2023-2024 Legislative Session

Relates to enacting the "small business fairness act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A1916 (ACTIVE) - Details

Current Committee:
Assembly Small Business
Law Section:
Executive Law
Laws Affected:
Amd §29-a, Exec L; add §12-e, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A4696

2023-A1916 (ACTIVE) - Summary

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.

2023-A1916 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1916
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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.
                                                            LBD02378-01-3

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