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.
                                                                   LBD16230-04-0

        S. 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.
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