What's happening
This bill allows businesses in New York to require masks or face coverings during the COVID-19 state disaster emergency.
Why it matters
Empowers businesses, nonprofits, and similar entities. to set their own mask/face covering rules for employees, vendors, and customers, reinforcing their ability to create safer environments based on their assessment of risk during the COVID-19 emergency.
Clarifies exemptions. so that mask requirements cannot be enforced on children under two or on individuals who cannot medically tolerate masks, addressing health and age-related concerns.
Explicitly allows businesses to deny entry or remove individuals. who refuse to comply with mask requirements (unless exempt), which could reduce conflicts and clarify legal standing for enforcing public health rules.
Requires clear notification. through visible signage at entrances when mask policies are in effect, helping ensure customers are informed before entering and reducing confusion or disputes.
Preserves civil rights protections. by stating that nothing in this law overrides New York’s civil rights statutes, maintaining a balance between public health measures and individual rights.
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Who cares
Headline styles
Let Businesses Require Masks
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 8559a
- Amend (t) and recommit to rules
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Businesses Require Masks
In Assembly Committee · Economic Development · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8559--A
IN SENATE
June 16, 2020
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 390-d to read as follows:
§ 390-d. Face coverings and masks. 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 any employee, vendor or customer entering a place of business owned by such firm, business, corporation, association, entity or not-for-profit corporation to cover their mouth and nose with a mask or face covering during the novel coronavirus, COVID-19 state disaster emergency declared by the governor on March seventh, two thousand twenty; provided, however, that such requirements shall only apply to children over the age of two and to persons who are able to medically tolerate wearing a mask or face covering.
2. Any firm, business, corporation, association, entity or not-forprofit corporation may prohibit the entrance of persons to their facility, or ask a person to leave the premises of their facility, if such person refuses to cover their mouth and nose with a mask or face covering unless such person is under the age of two or unable to medically tolerate wearing a mask or face covering.
3. Nothing in this section shall be deemed to overrule article four of the civil rights law.
4. Any firm, business, corporation, association, entity or not-forprofit corporation requiring the wearing of a mask or face covering shall place a sign or poster at the entrance of the premises where the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16557-03-0
S. 8559--A 2
wearing of a mask or face covering is required. Such sign or poster shall be in plain sight and in conspicuous lettering.
§ 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 repeal 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To permit certain entities to require that patrons or employees wear face masks that cover the nose and mouth while in the entity's place of business.
Summary of provisions
Section 1 amends the general business law to permit businesses, corpo- rations, associations, entities, and not-for-profit corporations to require employees, customers, or vendors to wear a face mask that covers their nose and mouth if they enter the building, and allows them to ask them to leave the premises if an individual refuses to wear masks from entering the place of business.
Section 2 is the effective date.
Justification
In 2019, a novel coronavirus was discovered and began infecting people across the world, called COVID-19. This new coronavirus is devastating to the human body, in most cases it causes lasting respiratory damage and can shut down the lungs. Though the people most at risk of compli- cations from COVID-19 are those with underlying conditions, even healthy individuals have lasting damage to their bodies, young people are seeing rates of strokes that were previously unheard of in such a generally healthy demographic.
As New York begins the process of reopening safely, businesses that have been previously shut down are beginning to open their doors and help the economy recover, and the safest way to do so is by permitting businesses to protect their employees now and in the future by requiring people wear masks. Face coverings and masks are one of the most effective ways to prevent other people from catching any respiratory disease. While the mask does not protect the individual wearing the mask from outside bacteria, it does help protect the people around the individual from bacteria or viruses that may be exhaled.
This bill explicitly allows businesses and nonprofits to require people over the age of two and those who are medically capable to wear a mask or face covering. The law will help protect businesses and nonprofits from any public pushback and ensure people do not question whether these entities can restrict what people wear on their premises. Further, the bill ensures that if a business requires masks to be worn that they communicate this to their customers through signage.
Legislative history
None
Fiscal implications
None.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.