NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6978
SPONSOR: Wallace TITLE OF BILL:
An act to amend the general business law, in relation to permitting
employees of public utilities access to certain restroom facilities
without being a paying customer
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow utility workers to use public bathrooms under
certain circumstances without being a customer.
SUMMARY OF PROVISIONS:
Add a new section 399-K to the general business law Provides that a
place of business that is open to the public and has a toilet facility
for its employees shall make such facility available under the following
conditions:
The person requesting use of the facilities is an employee of a public
utility, while preforming a utility related service and provides reason-
able evidence to such employment; That two or more employees of the
business are working at the time of the request; The employee toilet
facility is not located in an area where providing such access could
create a health or safety risk to the requesting individual or a securi-
ty risk to the business; or a public restroom is not accessible. Busi-
ness is not liable for any injuries that may result from the use of
facilities. Violations shall be punishable by a civil penalty not to
exceed $500 per violation.
JUSTIFICATION:
While out in the field during business hours, some utility workers face
the inability to use a restroom provided by their employer. These work-
ers need to find restroom facilities during their workday. In some
instances, workers have been denied the use of a restroom because they
were not paying customers. This bill would require certain businesses to
allow utility Workers who do not-have access to restrooms to use such
public restrooms during business hours.
PRIOR LEGISLATIVE HISTORY:
2021-22:A5681A (Abbate) Referred to Consumer Affairs and Protection
S8523A (Savino) Passed Senate
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6978
2023-2024 Regular Sessions
IN ASSEMBLY
May 9, 2023
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to permitting
employees of public utilities access to certain restroom facilities
without being a paying customer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-k to read as follows:
3 § 399-k. Access to restroom facilities. 1. A place of business open
4 to the general public for the sale of goods or services that has a
5 toilet facility for its employees shall allow any individual who is
6 lawfully on the premises of such place of business while performing a
7 utility related service to use that toilet facility during normal busi-
8 ness hours, even if the place of business does not normally make the
9 employee toilet facility available to the public, provided that all of
10 the following conditions are met:
11 a. the individual requesting the use of the employee toilet facility
12 is an employee of a public utility company or a public utility corpo-
13 ration as defined in section two of the public service law, provided
14 that the place of business may require the individual to present reason-
15 able evidence that the individual is an employee of such public utility
16 entity;
17 b. two or more employees of the place of business are working at the
18 time the individual requests use of the employee toilet facility;
19 c. the employee toilet facility is not located in an area where
20 providing access would create an obvious health or safety risk to the
21 requesting individual or create a security risk to the people, or prop-
22 erty within the place of business;
23 d. use of the toilet facility would not create an obvious health or
24 safety risk to the requesting individual; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07109-01-3
A. 6978 2
1 e. a public restroom is not immediately accessible to the requesting
2 individual.
3 2. A violation of the provisions of this section shall be punishable
4 by a civil penalty not to exceed five hundred dollars for each
5 violation.
6 3. Businesses shall not be liable for any injuries which result from
7 toilet facility use by utility workers.
8 § 2. This act shall take effect immediately.
