|SAME AS||SAME AS S05444|
|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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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. LBD07109-01-3A. 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.