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.
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
