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".
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.
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.
