Bill Text: DE HB245 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Access To Private Bathrooms.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Enrolled - Dead) 2014-07-01 - HS 1 for HB 245 - Passed by Senate. Votes: Passed 18 YES 1 NO 1 NOT VOTING 1 ABSENT 0 VACANT [HB245 Detail]
Download: Delaware-2013-HB245-Draft.html
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SPONSOR: |
Rep. Paradee & Sen. Hall-Long |
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Reps. Baumbach, Carson, Heffernan, Hudson, Kowalko, Mitchell; Sen. Hocker |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 245 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ACCESS TO PRIVATE BATHROOMS. |
Section 1.Amend Title 16 of the Delaware Code by inserting a new Chapter 30E as shown by underlining as follows:
Chapter 30E.ACCESS TO PRIVATE RESTROOMS
§ 3001E.Definitions.
For purposes of this chapter:
(1) "Customer" means an individual who is lawfully on the premises of a retail establishment.
(2) "Eligible medical condition" means Crohn's disease or ulcerative colitis, celiac disease, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a restroom facility.
(3) "Retail establishment" means any business or place where members of the public have access as invitees or licensees.
(4) "Restroom" means a room containing a toilet.
§ 3002E.Access to restrooms.
A retail establishment that has a restroom facility for its employees, not usually accessible to the public, shall allow a customer to use that facility during normal business hours if the following conditions are met:
(1) The customer requesting the use of the employee restroom facility suffers from an eligible medical condition or uses an ostomy device, provided that the existence of the condition or device is documented in writing by a physician or other licensed medical professional, or an identification card that is issued by a nationally-recognized health organization or a local health department and that indicates the customer suffers from an eligible medical condition or uses an ostomy device;
(2)Two or more employees of the retail establishment are working at the time the customer requests the use of the employee restroom facility;
(3)The retail establishment does not normally make a restroom available to the public; and
(4)The employee restroom facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the establishment.
§ 3003E.Civil liability.
In allowing a customer who claims to have an eligible medical condition or uses an ostomy device to use an employee restroom facility that is not a public restroom, a retail establishment or an employee thereof is not civilly liable for an act or omission that results in injury or death of the customer or individual, other than an employee, accompanying the customer, so long as the act or omission is not negligent and occurs in an area of the retail establishment that is not generally accessible to the public.
§ 3004E.Physical changes or improvements.
This chapter does not require a retail establishment to make any physical changes or improvements to an employee restroom facility located on the premises.
§ 3005E. Penalty.
A violation of this chapter shall for the first offense be punished by a civil penalty of one hundred dollars.Any subsequent offense shall be punished by a civil penalty of two hundred dollars.
SYNOPSIS
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This bill would require retail establishments to allow access to an employee bathroom for customers with Crohn's disease, colitis, or other condition or device requiring immediate access to a restroom facility.A customer wishing access must have written documentation of the eligible medical condition from a medical professional or an identification card issued by a health organization or health department. The bill provides immunity from civil liability for any non-negligent injury occurring in a non-public area due to a customer request to use the employee restroom.The bill explicitly states that the new law would not require physical changes or facility improvements.Finally, a violation of the new chapter is punishable by a civil penalty of $100 for the first offense, and $200 for any subsequent offense. |
