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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2525
SPONSOR: Stern TITLE OF BILL:
An act to amend the executive law and the public health law, in relation
to enacting the small business fairness act
PURPOSE OR GENERAL IDEA OF BILL:
This bill would enact the "Small Business Fairness Act" to level the
playing field for small businesses and help them survive by assuring
they do not face inequitable rules during a declared state disaster
emergency.
SUMMARY OF PROVISIONS:
Section 1: states that this act shall be known and may be cited as the
"small business fairness act".
Section 2: amends section 29-a of the executive law by adding a new
subdivision 5.
Section 3: amends the public health law by adding a new section 12-e.
Section 4: sets the effective date.
JUSTIFICATION:
This bill would allow a business that has been ordered to cease or limit
its operations as a result of a declared emergency or epidemic to
continue or resume operations if the business' products or services are
also available at another business operating at a physical location in
the area affected by the order that has not been ordered to cease or
limit its operations. Said businesses would still be required to comply
with all safety precautions outlined in any applicable orders issued by
public health agencies.
This legislation is particularly important for small businesses since it
would help them compete with big box stores by assuring they do not face
tougher rules than their financially well-off corporate competitors
during any declared state disaster emergency.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A.1916 Referred to Small Business
2021-2022: A.4696 Referred to Small Business
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No cost to the state. However, this act could generate additional sales
tax revenue for both the state and local counties as a result of fewer
business closures during any declared state disaster emergency.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2525
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
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:
1 Section 1. This act shall be known and may be cited as the "small
2 business fairness act".
3 § 2. Section 29-a of the executive law is amended by adding a new
4 subdivision 5 to read as follows:
5 5. Notwithstanding any other provision of this section and any other
6 special, general or local law to the contrary, a person operating a
7 business that has been ordered to cease or limit operations pursuant to
8 an executive order issued under this section due to a declared state
9 disaster emergency may continue or resume operations if:
10 (a) the products sold or services offered by the business are also
11 available at a business that has not been required to cease or limit
12 operations by the executive order and the open business is operating at
13 a physical location in the area affected by the order; and
14 (b) the business that was required to limit or cease operations
15 complies with any safety precautions that the order requires of busi-
16 nesses that are permitted to continue operations.
17 § 3. The public health law is amended by adding a new section 12-e to
18 read as follows:
19 § 12-e. Health emergency order; limitations. 1. Notwithstanding the
20 provisions of any other general, special or local law to the contrary, a
21 person operating a business that has been ordered to cease or limit
22 operations by a state or local public health official due to a declared
23 emergency, an epidemic, a threatened epidemic, or the unusual prevalence
24 of a dangerous communicable disease, may continue or resume operations
25 if:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01448-01-5
A. 2525 2
1 (a) the products sold or services offered by the business are also
2 available at a business that has not been required to cease or limit
3 operations by the order and the open business is operating at a physical
4 location in the area affected by the order; and
5 (b) the business that was required to limit or cease operations
6 complies with any safety precautions that the order requires of busi-
7 nesses that are permitted to continue operations.
8 2. As used in this section the term "order" includes a notice, stand-
9 ard, rule, or regulation issued by the department or a local public
10 health agency.
11 § 4. This act shall take effect immediately.
