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A08541 Summary:

BILL NOA08541
 
SAME ASSAME AS S08064
 
SPONSORWallace
 
COSPNSR
 
MLTSPNSR
 
Amd §399-k, Gen Bus L (as proposed in S.5444 & A.6978)
 
Relates to access to certain restroom facilities by employees of a utility entity who is on duty providing utility-related services; provides that a place of business shall not be immune from certain liabilities resulting from such use; defines "employee of a utility entity".
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A08541 Actions:

BILL NOA08541
 
01/08/2024referred to consumer affairs and protection
01/17/2024reported referred to codes
01/23/2024reported
01/25/2024advanced to third reading cal.281
01/29/2024substituted by s8064
 S08064 AMEND= SCARCELLA-SPANTON
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.51
 01/17/2024PASSED SENATE
 01/17/2024DELIVERED TO ASSEMBLY
 01/17/2024referred to codes
 01/29/2024substituted for a8541
 01/29/2024ordered to third reading cal.281
 01/30/2024passed assembly
 01/30/2024returned to senate
 02/07/2024DELIVERED TO GOVERNOR
 02/07/2024SIGNED CHAP.72
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A08541 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8541
 
SPONSOR: Wallace
  TITLE OF BILL: An act to amend the general business law, in relation to access to certain restroom facilities by employees of a utility entity   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to further effectuate an amendment to Chap- ter 660 of the laws of 2023 (Approval message 29) relating to.allowing utility workers to use toilet facilities at a place of business when on duty.   SUMMARY OF PROVISIONS: Section one clarifies that utility workers must be on duty to use toilet facilities in a place of business and provide that utility workers are liable for gross acts of negligence. In addition, the definition of "employee of a utility entity" was clarified to specify that an employee of a utility company includes utility companies as defined under the public service law, rural electric cooperatives, and state public authorities that provide utility services. Section two sets forth the effective date.   JUSTIFICATION: Chapter 660 of the laws of 2023 requires businesses to allow utility workers to use toilet facilities at a place of business when they are on duty. This bill makes technical changes by clarifying the definition of "employee of a utility entity".   PRIOR LEGISLATIVE HISTORY: This bill is an amendment to chapter 660 of the laws of 2023.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 relating to permitting employees of public utilities access to certain restroom facilities without being a paying customer, as proposed in legislative-bills numbers S. 5444 and A. 6978, takes effect.
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A08541 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8541
 
                   IN ASSEMBLY
 
                                     January 8, 2024
                                       ___________
 
        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  access  to
          certain restroom facilities by employees of a utility entity
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 399-k of the general business law, as  added  by  a
     2  chapter  of  the laws of 2023 relating to permitting employees of public
     3  utilities access to certain restroom facilities without being  a  paying
     4  customer,  as proposed in legislative bills numbers S. 5444 and A. 6978,
     5  is amended to read as follows:
     6    § 399-k. Access to [restroom] toilet facilities for  utility  workers.
     7  1.  A place of business open to the general public for the sale of goods
     8  or services that has a toilet facility for its employees shall allow any
     9  individual who is lawfully on the premises of  such  place  of  business
    10  [while performing a utility related service] to use that toilet facility
    11  during  normal  business  hours,  even if the place of business does not
    12  normally make the employee toilet  facility  available  to  the  public,
    13  provided that all of the following conditions are met:
    14    a.  the  individual requesting the use of the employee toilet facility
    15  is an employee of a [public utility company or a public  utility  corpo-
    16  ration  as  defined  in  section  two of the public service law] utility
    17  entity who is on duty providing utility-related services at the time  of
    18  the  request,  provided that the place of business may require the indi-
    19  vidual to present reasonable evidence that the individual is an employee
    20  of [such public] a utility entity;
    21    b. two or more employees of the place of business are working  at  the
    22  time the individual requests use of the employee toilet facility;
    23    c.  the  employee  toilet  facility  is  not  located in an area where
    24  providing access would create an obvious health or safety  risk  to  the
    25  requesting  individual or create a security risk to the people, or prop-
    26  erty within the place of business;
    27    d. use of the toilet facility would not create an  obvious  health  or
    28  safety risk to the requesting individual; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07109-02-4

        A. 8541                             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] A place of business shall not be  liable for any inju-
     7  ries  which  result  from  toilet  facility  use by [utility workers] an
     8  employee of a utility entity, provided that this subdivision  shall  not
     9  be  interpreted, or construed, as a limit on liability for acts of gross
    10  negligence or for willful or malicious failure  to  guard,  or  to  warn
    11  against, a dangerous condition, use, structure or activity.
    12    4.  For purposes of this section, "employee of a utility entity" means
    13  an employee of a "utility company" or "public utility company"  as  such
    14  terms  are defined in section two of the public service law, a municipal
    15  corporation that provides public  utility  services,  a  rural  electric
    16  cooperative, or a state public authority that provides utility services,
    17  or  an  employee  of  a  contractor  that  is  providing utility-related
    18  services for any of the aforementioned entities.
    19    § 2. This act shall take effect on the  same  date  and  in  the  same
    20  manner as a chapter of the laws of 2023 relating to permitting employees
    21  of  public utilities access to certain restroom facilities without being
    22  a paying customer, as proposed in legislative bills numbers S. 5444  and
    23  A.  6978, takes effect.
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