Prohibits state agencies from promulgating rules, regulations or any form of guidance requiring individuals under the age of eighteen who are not exhibiting COVID-19 related symptoms, as defined by the centers for disease control and prevention, to wear a mask or face covering in a public place or while participating in any recreational or organized sporting activity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8101A
SPONSOR: Tague TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting certain
COVID-19 mask and face covering mandates by state agencies
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit mask mandates for anyone under the age
of 18.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this legislation amends the Executive Law by adding a new
section that prohibits state agencies from developing rules or regu-
lations requiring individuals under the age of 18, who are not exhibit-
ing COVID-19 related symptoms, to wear a mask/face covering in a public
place or while participating in any recreational or organized sporting
activity. This part also defines "state agency", "face-covering", and
"public place" for the purposes of this section.
Section two provides the effective date.
JUSTIFICATION:
Throughout the COVID-19 pandemic, our young people have largely been
spared from experiencing the most severe symptoms of the illness.
Beyond that, we are now at a time when our infection rates are steadily
decreasing as more people, including children 12 and older, are getting
vaccinated.
Expecting our kids, especially toddlers, to mask up while vaccinated
teens and adults are told they do not need to is confusing for children
and challenging to implement. Simply put, New York's families.should be
allowed to decide for themselves if masking their children is the right
move for them.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal implications.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8101--A
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. TAGUE, BLANKENBUSH, ANGELINO, FRIEND, FITZPA-
TRICK, MANKTELOW, ASHBY, DURSO, PALMESANO, SIMPSON, BRABENEC, LAWLER,
HAWLEY, SMULLEN, DeSTEFANO, SALKA, GALLAHAN, BROWN, LALOR, SMITH,
McDONOUGH, WOERNER, WALCZYK, BYRNES, BYRNE, LEMONDES, J. A. GIGLIO --
read once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to prohibiting certain
COVID-19 mask and face covering mandates by state agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 170-f
2 to read as follows:
3 § 170-f. COVID-19 mask and face covering mandate. 1. No state agency
4 shall promulgate rules, regulations or any form of guidance requiring
5 individuals under the age of eighteen who are not exhibiting COVID-19
6 related symptoms, as defined by the centers for disease control and
7 prevention, to wear a mask or face covering in a public place or while
8 participating in any recreational or organized sporting activity.
9 2. For the purposes of this section:
10 (a) "state agency" shall mean any executive department, bureau,
11 commission, agency, board or other agency, any public authority, and the
12 judiciary and the legislature.
13 (b) "face-covering" shall include, but not be limited to, cloth masks,
14 surgical masks or N95 respirators.
15 (c) "public place" shall not include facilities established pursuant
16 to article twenty-eight of the public health law or private health care
17 facilities.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11780-03-2
