A01916 Summary:
| BILL NO | A01916 |
| SAME AS | No Same As |
| SPONSOR | Stern |
| COSPNSR | |
| 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. | |
A01916 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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-Sec- tion 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: 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.