S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8989
 
                           I N  A S S E M B L Y
 
                              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:

   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 numbers S.3295 and A.1982, is REPEALED.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

 A. 8989                             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.