Senate Bill S8523A

2021-2022 Legislative Session

Relates to permitting employees of public utilities access to certain restroom facilities without being a paying customer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S8523 - Details

See Assembly Version of this Bill:
A5681
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S5444, A6978

2021-S8523 - Summary

Permits employees of public utility corporations or public utility companies access to certain restroom facilities without being a paying customer.

2021-S8523 - Sponsor Memo

2021-S8523 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8523
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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:
 
   Section 1. The general business law is amended by adding a new section
 399-k to read as follows:
   §  399-K.  ACCESS TO RESTROOM FACILITIES.  1. A PLACE OF BUSINESS OPEN
 TO THE GENERAL PUBLIC FOR THE SALE OF  GOODS  OR  SERVICES  THAT  HAS  A
 TOILET  FACILITY  FOR  ITS  EMPLOYEES  SHALL ALLOW ANY INDIVIDUAL WHO IS
 LAWFULLY ON THE PREMISES OF SUCH PLACE OF BUSINESS TO  USE  THAT  TOILET
 FACILITY  DURING  NORMAL  BUSINESS  HOURS, EVEN IF THE PLACE OF BUSINESS
 DOES NOT NORMALLY MAKE THE EMPLOYEE TOILET  FACILITY  AVAILABLE  TO  THE
 PUBLIC, PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS ARE MET:
   A.  THE  INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE TOILET FACILITY
 IS AN EMPLOYEE OF A PUBLIC UTILITY COMPANY OR A  PUBLIC  UTILITY  CORPO-
 RATION  AS  DEFINED  IN  SECTION TWO OF THE PUBLIC SERVICE LAW, PROVIDED
 THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
 ABLE EVIDENCE THAT THE INDIVIDUAL IS AN EMPLOYEE OF SUCH PUBLIC  UTILITY
 ENTITY;
   B.  TWO  OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING AT THE
 TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
   C. THE EMPLOYEE TOILET FACILITY  IS  NOT  LOCATED  IN  AN  AREA  WHERE
 PROVIDING  ACCESS  WOULD  CREATE AN OBVIOUS HEALTH OR SAFETY RISK TO THE
 REQUESTING INDIVIDUAL OR CREATE AN OBVIOUS SECURITY RISK TO THE PLACE OF
 BUSINESS;
   D. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
 SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
   E.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
 INDIVIDUAL.
   2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
 BY  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR EACH
 VIOLATION.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S8523A (ACTIVE) - Details

See Assembly Version of this Bill:
A5681
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S5444, A6978

2021-S8523A (ACTIVE) - Summary

Permits employees of public utility corporations or public utility companies access to certain restroom facilities without being a paying customer.

2021-S8523A (ACTIVE) - Sponsor Memo

2021-S8523A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8523--A
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 399-k to read as follows:
   §  399-K.  ACCESS TO RESTROOM FACILITIES.  1. A PLACE OF BUSINESS OPEN
 TO THE GENERAL PUBLIC FOR THE SALE OF  GOODS  OR  SERVICES  THAT  HAS  A
 TOILET  FACILITY  FOR  ITS  EMPLOYEES  SHALL ALLOW ANY INDIVIDUAL WHO IS
 LAWFULLY ON THE PREMISES OF SUCH PLACE OF BUSINESS  WHILE  PERFORMING  A
 UTILITY  RELATED SERVICE TO USE THAT TOILET FACILITY DURING NORMAL BUSI-
 NESS HOURS, EVEN IF THE PLACE OF BUSINESS DOES  NOT  NORMALLY  MAKE  THE
 EMPLOYEE  TOILET  FACILITY AVAILABLE TO THE PUBLIC, PROVIDED THAT ALL OF
 THE FOLLOWING CONDITIONS ARE MET:
   A. THE INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE  TOILET  FACILITY
 IS  AN  EMPLOYEE  OF A PUBLIC UTILITY COMPANY OR A PUBLIC UTILITY CORPO-
 RATION AS DEFINED IN SECTION TWO OF THE  PUBLIC  SERVICE  LAW,  PROVIDED
 THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
 ABLE  EVIDENCE THAT THE INDIVIDUAL IS AN EMPLOYEE OF SUCH PUBLIC UTILITY
 ENTITY;
   B. TWO OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING  AT  THE
 TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
   C.  THE  EMPLOYEE  TOILET  FACILITY  IS  NOT  LOCATED IN AN AREA WHERE
 PROVIDING ACCESS WOULD CREATE AN OBVIOUS HEALTH OR SAFETY  RISK  TO  THE
 REQUESTING  INDIVIDUAL OR CREATE A SECURITY RISK TO THE PEOPLE, OR PROP-
 ERTY WITHIN THE PLACE OF BUSINESS;
   D. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
 SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09458-02-2

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