Bill Text: NY A08989 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the Crohn's and colitis fairness act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-02-13 - substituted by s7327 [A08989 Detail]

Download: New_York-2017-A08989-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8989
                   IN ASSEMBLY
                                     January 9, 2018
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
        AN  ACT  to  amend the general business law, in relation to enacting the
          Crohn's and colitis fairness act; and to  repeal  article  19  of  the
          public health law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Article 19 of the public health law, as added by a chapter
     2  of the laws of 2017, amending the public health law relating to enacting
     3  the Crohn's and colitis fairness act, as proposed in  legislative  bills
     4  numbers S.3295 and A.1982, is REPEALED.
     5    §  2. The general business law is amended by adding a new article 28-F
     6  to read as follows:
     7                                ARTICLE 28-F
     8                      CROHN'S AND COLITIS FAIRNESS ACT
     9  Section 491. Definition.
    10          492. Access to restroom facilities.
    11          493. Required changes.
    12    § 491. Definition. As used in this article, "eligible  medical  condi-
    13  tion"  means Crohn's disease, ulcerative colitis, any other inflammatory
    14  bowel disease, irritable bowel syndrome or any other  medical  condition
    15  that requires immediate access to a toilet facility.
    16    §  492. Access to restroom facilities. A place of business open to the
    17  general public for the sale of goods  or  services  that  has  a  toilet
    18  facility for its employees shall allow any individual who is lawfully on
    19  the  premises  of  such  place  of  business to use that toilet facility
    20  during normal business hours, even if the place  of  business  does  not
    21  normally  make  the  employee  toilet  facility available to the public,
    22  provided that all of the following conditions are met:
    23    1. the individual requesting the use of the employee  toilet  facility
    24  has an eligible medical condition or utilizes an ostomy device, provided
    25  that the place of business may require the individual to present reason-
    26  able  evidence  that the individual has an eligible medical condition or
    27  uses an ostomy device;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01074-02-8
        A. 8989                             2
     1    2. two or more employees of the place of business are working  at  the
     2  time the individual requests use of the employee toilet facility;
     3    3.    the  employee  toilet  facility  is not located in an area where
     4  providing access would create an obvious health or safety  risk  to  the
     5  requesting individual or create an obvious security risk to the place of
     6  business;
     7    4.  use  of  the toilet facility would not create an obvious health or
     8  safety risk to the requesting individual; and
     9    5. a public restroom is not immediately accessible to  the  requesting
    10  individual.
    11    § 493. Required changes. Nothing in section four hundred ninety-two of
    12  this article shall be construed as requiring a place of business open to
    13  the  general  public for the sale of goods or services that has a toilet
    14  facility for its employees to make any physical changes to  an  employee
    15  toilet facility.
    16    §  3.  This  act  shall  take  effect on the same date and in the same
    17  manner as a chapter of the laws of 2017, amending the public health  law
    18  relating  to  enacting the Crohn's and colitis fairness act, as proposed
    19  in legislative bills numbers S.3295 and A.1982, takes effect.