Bill Text: NY S08253 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-08 - PRINT NUMBER 8253A [S08253 Detail]
Download: New_York-2019-S08253-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8253--A IN SENATE 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: 1 Section 1. The general business law is amended by adding a new section 2 390-cc to read as follows: 3 § 390-cc. Screening for body temperature. 1. Notwithstanding any 4 other federal, state or local law, rule or regulation to the contrary, 5 any firm, business, corporation, association, entity or not-for-profit 6 corporation may require the taking of body temperature of any employee, 7 vendor or customer entering a place of business owned by such firm, 8 corporation, association, entity or not-for-profit corporation during 9 the novel coronavirus, COVID-19 state disaster emergency declared by the 10 governor on March 7, 2020. 11 2. Such firm, business, corporation, association, entity or not-for- 12 profit corporation may screen for body temperature using non-invasive 13 methods. If the temperature of an employee, vendor or customer is 100.4 14 degrees Fahrenheit or higher, the standard devised by the Centers for 15 Disease Control and Prevention as a potential coronavirus marker, the 16 following situations shall apply: 17 (a) If an employee: the employee would be sent home immediately and 18 cannot return to work until 3 days after his or her body temperature has 19 fallen below 100.4 degrees Fahrenheit. 20 (b) If a vendor: the vendor shall vacate the premises immediately. 21 (c) If a customer: the customer shall be discreetly informed by a 22 trained member of the firm, business, corporation, association, entity 23 or not-for-profit corporation or building staff of the body temperature 24 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. LBD16230-04-0S. 8253--A 2 1 be provided so that such customer still obtains the product or services 2 desired or required. 3 3. Nothing in this section shall be deemed to overrule article four of 4 the civil rights law. 5 4. If a firm, business, corporation, association, entity or not-for- 6 profit corporation requires the taking of body temperature of any 7 employee, vendor or customer, a sign or poster shall be placed at the 8 entrance of the premises in plain sight and in conspicuous lettering of 9 at least forty-eight bold face type explaining the procedures therefor. 10 § 2. This act shall take effect immediately, provided, however, that 11 section one of this act shall be subject to the expiration of the state 12 disaster emergency declared for the entire state by executive order 13 number 202 and any further amendments or modifications, and as may be 14 further extended pursuant to section 28 of the executive law, and shall 15 be deemed to expire and repealed therewith; provided, further, that the 16 commissioner of health shall notify the legislative bill drafting 17 commission upon the occurrence of the expiration of the state disaster 18 emergency declared for the entire state by executive order number 202 19 and any further amendments or modifications, and as may be further 20 extended pursuant to section 28 of the executive law, in order that the 21 commission may maintain an accurate and timely effective data base of 22 the official text of the laws of the state of New York in furtherance of 23 effectuating the provisions of section 44 of the legislative law and 24 section 70-b of the public officers law.