Assembly Bill A5099A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5099--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. PAULIN, DINOWITZ, GALEF, KELLNER, RIVERA, HEVESI,
  SCHIMEL  -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, MILLMAN
  -- read once and referred to the Committee on Health --  reported  and
  referred  to  the  Committee  on Codes -- reported and referred to the
  Committee on Rules --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  This  act shall be known and may be cited as the "Crohn's
and colitis fairness act".
  S 2. The public health law is amended by adding a new  article  19  to
read as follows:
                               ARTICLE 19
                    CROHN'S AND COLITIS FAIRNESS ACT
SECTION 1900. DEFINITION.
        1901. ACCESS TO RESTROOM FACILITIES.
        1902. REQUIRED CHANGES.
  S  1900. DEFINITION. AS USED IN THIS ARTICLE, "ELIGIBLE MEDICAL CONDI-
TION" MEANS CROHN'S DISEASE, ULCERATIVE COLITIS, ANY OTHER  INFLAMMATORY
BOWEL  DISEASE,  IRRITABLE BOWEL SYNDROME OR ANY OTHER MEDICAL CONDITION
THAT REQUIRES IMMEDIATE ACCESS TO A TOILET FACILITY.
  S 1901. ACCESS TO RESTROOM FACILITIES. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07498-04-3

              

A. 5099--A                          2

  1. THE INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE  TOILET  FACILITY
HAS AN ELIGIBLE MEDICAL CONDITION OR UTILIZES AN OSTOMY DEVICE, PROVIDED
THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
ABLE  EVIDENCE  THAT THE INDIVIDUAL HAS AN ELIGIBLE MEDICAL CONDITION OR
USES AN OSTOMY DEVICE;
  2.  TWO  OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING AT THE
TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
  3.   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;
  4. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
  5.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
INDIVIDUAL.
  S 1902. REQUIRED CHANGES. NOTHING IN SECTION NINETEEN HUNDRED  ONE  OF
THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A PLACE OF BUSINESS OPEN TO
THE  GENERAL  PUBLIC FOR THE SALE OF GOODS OR SERVICES THAT HAS A TOILET
FACILITY FOR ITS EMPLOYEES TO MAKE ANY PHYSICAL CHANGES TO  AN  EMPLOYEE
TOILET FACILITY.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall become law, provided that effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be made and completed on or before such effective date.