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A02525 Summary:

BILL NOA02525
 
SAME ASNo Same As
 
SPONSORStern
 
COSPNSRButtenschon
 
MLTSPNSR
 
Amd §29-a, Exec L; add §12-e, Pub Health L
 
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.
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A02525 Actions:

BILL NOA02525
 
01/17/2025referred to small business
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A02525 Memo:

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.
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A02525 Text:



 
                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.
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