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A06978 Summary:

BILL NOA06978
 
SAME ASSAME AS S05444
 
SPONSORWallace
 
COSPNSRButtenschon
 
MLTSPNSR
 
Add 399-k, Gen Bus L
 
Permits employees of public utility corporations or public utility companies access to certain restroom facilities without being a paying customer.
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A06978 Actions:

BILL NOA06978
 
05/09/2023referred to consumer affairs and protection
05/16/2023reported referred to codes
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.278
05/24/2023ordered to third reading rules cal.278
06/07/2023substituted by s5444
 S05444 AMEND= SCARCELLA-SPANTON
 03/06/2023REFERRED TO CONSUMER PROTECTION
 04/25/20231ST REPORT CAL.662
 04/26/20232ND REPORT CAL.
 05/01/2023ADVANCED TO THIRD READING
 05/31/2023PASSED SENATE
 05/31/2023DELIVERED TO ASSEMBLY
 05/31/2023referred to codes
 06/07/2023substituted for a6978
 06/07/2023ordered to third reading rules cal.278
 06/07/2023passed assembly
 06/07/2023returned to senate
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A06978 Memo:

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.
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A06978 Text:



 
                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.
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