Bill Text: NY S03295 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the "Crohn's and colitis fairness act"; provides restroom access to persons with certain medical conditions; defines the term eligible medical condition.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-06-19 - SUBSTITUTED BY A1982 [S03295 Detail]

Download: New_York-2017-S03295-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3295
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health  law,  in  relation  to  enacting  the
          Crohn's and colitis fairness act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "Crohn's
     2  and colitis fairness act".
     3    §  2.  The  public health law is amended by adding a new article 19 to
     4  read as follows:
     5                                 ARTICLE 19
     6                      CROHN'S AND COLITIS FAIRNESS ACT
     7  Section 1900. Definition.
     8          1901. Access to restroom facilities.
     9          1902. Required changes.
    10    § 1900. Definition. As used in this article, "eligible medical  condi-
    11  tion"  means Crohn's disease, ulcerative colitis, any other inflammatory
    12  bowel disease, irritable bowel syndrome or any other  medical  condition
    13  that requires immediate access to a toilet facility.
    14    § 1901. Access to restroom facilities. A place of business open to the
    15  general  public  for  the  sale  of  goods or services that has a toilet
    16  facility for its employees shall allow any individual who is lawfully on
    17  the premises of such place of  business  to  use  that  toilet  facility
    18  during  normal  business  hours,  even if the place of business does not
    19  normally make the employee toilet  facility  available  to  the  public,
    20  provided that all of the following conditions are met:
    21    1.  the  individual requesting the use of the employee toilet facility
    22  has an eligible medical condition or utilizes an ostomy device, provided
    23  that the place of business may require the individual to present reason-
    24  able evidence that the individual has an eligible medical  condition  or
    25  uses an ostomy device;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01074-01-7
        S. 3295                             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    §  1902.  Required changes. Nothing in section nineteen hundred one 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 one hundred twentieth day after
    17  it shall become law, provided that effective immediately, the  addition,
    18  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    19  implementation of this act on its  effective  date  are  authorized  and
    20  directed to be made and completed on or before such effective date.