Waives the assessment of fines or monetary penalties against a not-for-profit organization, school, place of worship or small business located in a city with a population of one million or more by a state or local agency for a violation of law, rule, regulation or executive order during the COVID-19 covered period; provides exceptions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A204
SPONSOR: Eichenstein TITLE OF BILL:
An act to enact the "save our stores act"
SUMMARY OF PROVISIONS:
1. Title "Save our Stores Act."
2. Section 1, Paragraph (a) In a city with a population of one million
or more, any fine assessed against a not-for-profit organization, place
of worship, school or small business by a state or local agency for a
violation during the COVID-19 covered period shall be deemed void and
waived unless it falls under paragraph b Paragraph (b) lists several
violations deemed too severe to be void and waived
3. Effective date
JUSTIFICATION:
New York's flourishing economy has taken a hard hit. It is anticipated
that the pandemic-driven recession will impact the economy for the fore-
seeable future. It is an undisputed fact that local small businesses are
essential. They account for 44 percent of economic activity and create
two-thirds of net new jobs. Businesses with fewer than 100 employees
account for 97.4 percent of small businesses in the State. The sector
with the smallest business firms in New York is the trade sector, encom-
passing both wholesale and retail trade, from the corner grocery store
to the specialty boutique store.
The Save our Stores act would waive minor fines or monetary penalties
that have been assessed to small businesses, schools, houses of worship
or nonprofit organizations for minor violations. Instead of helping
these organizations, City and State agencies seem determine to further
penalize and harass these organizations. One store in Brooklyn was
closed due to the Governor's executive order. They were still being
issued summonses for sanitation violations even though the store was
closed, and no employees were there. This is just one of hundreds of
examples of businesses being targeted in the middle of a pandemic.
At a time when our City and State should be doing more to help these
organizations, this legislation would provide some measure of relief.
PRIOR LEGISLATIVE HISTORY:
2022:A2487 -Referred to cities
2021:A2587 -Referred to cities
2020:A11177- Referred to cities
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
204
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Cities
AN ACT to enact the "save our stores act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "save our stores act".
3 § 2. 1. (a) Notwithstanding any other law, rule or regulation to the
4 contrary, in a city with a population of one million or more, any fine
5 or monetary civil penalty assessed against a not-for-profit organiza-
6 tion, school, place of worship or small business by a state or local
7 agency for a violation of state or local law, rule, regulation or execu-
8 tive order during the COVID-19 covered period shall be deemed void and
9 waived unless such fines or penalties are assessed for a violation
10 provided in paragraph (b) of this subdivision.
11 (b) No waiver of fines or penalties shall be given if a state or local
12 agency determines that the violation may result in a natural resource
13 damage claim or serious actual harm, is a violation of human or civil
14 rights law, results in loss of employee wages or benefits, interferes
15 with any remedy, review, or resolution related to harassment or discrim-
16 ination claims, was or is a willful violation, involves tax fraud,
17 violates requirements related to federal funding to the state, relates
18 to state funding or procurement, or is a penal law violation.
19 2. For the purposes of this act, the following terms shall have the
20 following meanings:
21 (a) "COVID-19 covered period" means the duration of the state disaster
22 emergency declared on March 7, 2020 pursuant to executive order number
23 two hundred two of two thousand twenty; and
24 (b) "Small business" means any business which is resident in this
25 state, independently owned and operated, and employs one hundred or less
26 individuals.
27 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00133-01-3
