S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7327
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1.  Article 19 of the public health law, as added by a chapter
 of the laws of 2017, amending the public health law relating to enacting
 the  Crohn's  and colitis fairness act, as proposed in legislative bills
 numbers S.3295 and A.1982, is REPEALED.
   § 2. The general business law is amended by adding a new article  28-F
 to read as follows:
                               ARTICLE 28-F
                     CROHN'S AND COLITIS FAIRNESS ACT
 SECTION 491. DEFINITION.
         492. ACCESS TO RESTROOM FACILITIES.
         493. REQUIRED CHANGES.
   §  491.  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.
   § 492. 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:
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01074-02-8

 S. 7327                             2
 
   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.
   § 493. REQUIRED CHANGES. NOTHING IN SECTION FOUR HUNDRED NINETY-TWO 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.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2017, amending the public health  law
 relating  to  enacting the Crohn's and colitis fairness act, as proposed
 in legislative bills numbers S.3295 and A.1982, takes effect.