NY State Senate Bill S3295

Archive: Last Bill Status Via A1982 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	approval memo.42 signed chap.471
Dec 06, 2017	delivered to governor
Jun 19, 2017	returned to assembly passed senate 3rd reading cal.647 substituted for s3295
Jun 19, 2017	substituted by a1982
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.647
Jan 20, 2017	referred to health

Votes

Co-Sponsors

S3295 (ACTIVE) - Details

See Assembly Version of this Bill:: A1982
Law Section:: Public Health Law
Laws Affected:: Add Art 19 §§1900 - 1902, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A807
2011-2012: S7153, A83
2013-2014: S4803, A5099
2015-2016: S4918, A277

S3295 (ACTIVE) - Summary

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

S3295 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3295

 TITLE OF BILL :  An act to amend the public health law, in relation
to enacting the Crohn's and colitis fairness act

 PURPOSE :

To make toilet facilities that are for employee use only, in places of
business open to the general public, accessible to those who have an
eligible medical condition such as Crohn's disease, ulcerative
colitis, or other medical conditions that require immediate access to
a bathroom.

 SUMMARY OF PROVISIONS :

Section one provides that this act shall be known and may be cited as
"The Crohn's and Colitis Fairness Act."

Section two amends the public health law by adding a new article 19.

Section 1900 of article nineteen provides the definition for "eligible
medical condition." Section 1901 of article nineteen provides that a
place of business that is open to the general public and has a toilet
facility for its employees shall allow a person who is lawfully on the
premises during normal business hours access to the employee toilet
facility as long as the person requesting use of the employee toilet

has an eligible medical condition or utilizes an ostomy device,
provided that the place of business may require the individual to
present reasonable evidence that he or she has an eligible medical
condition or uses an ostomy device; two or more employees of the place
of business are working at the time the individual requests use of the
employee toilet facility; the place of business does not normally make
the employee toilet facility available to the public; the employee
toilet facility is located in at area where there would be no obvious
health safety or security risk; use of the toilet facility would not
create an obvious health or safety risk to the requesting individual;
and a public restroom is not immediately accessible to the requesting
person

Section 1902 of article nineteen provides that a place of business
open to the public for the sale of goods or services is not required
to make physical changes to its employee toilet facility.

Section three provides the effective date.

 JUSTIFICATION :

Increasing numbers of people are being diagnosed with inflammatory
bowel diseases. It is estimated that over 600,000 Americans suffer
from Crohn's disease alone, which is an ongoing disorder of the
gastrointestinal tract. It causes swelling of the intestines, creating
pain and diarrhea. People who suffer from such diseases often need
urgent and sudden access to a toilet facility.

In Illinois, a teenaged girl named Ally Bain, who has Crohn's disease,
had a humiliating incident in public when she was denied access to an
employee-only restroom. She was, bravely, instrumental in the passage
of Illinois's Restroom Access Act, also known as Ally's Law. In
addition to Illinois, fourteen other states have passed the Restroom
Access Act: Texas, Wisconsin, Connecticut, Minnesota, Michigan,
Washington, Tennessee, Colorado, Ohio, Kentucky, Maine, Massachusetts,
Maryland, and Oregon.

This legislation creates a compassionate system for those who suffer
from gastrointestinal diseases by making it possible for those who
have an eligible medical condition, as defined in the bill, to have
access to an employee-only toilet facility in a place of business that
is already open to the public when there are at least two employees
working at the time of the request, and using that facility would not
create a health, safety, or security risk.

This legislation would not create any additional cost to businesses as
they are not required to alter their toilet facility. Also, a business
would not be required to provide access to their toilet facility when
another facility is immediately accessible to the requesting person.

 LEGISLATIVE HISTORY :

2015-2016: S.4918
2014: 4803-A

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law, provided that 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.

S3295 (ACTIVE) - Bill Text download pdf


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

                                  3295

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. This act shall be known and may be cited  as  the  "Crohn's
and colitis fairness act".
  §  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.
  § 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.
  § 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:
  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.

                                                           LBD01074-01-7

S. 3295                             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.
  §  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.
  § 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.

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The New York State Senate

senate Bill S3295

Sponsored By

Archive: Last Bill Status Via A1982 - Signed by Governor

Your Voice

Actions

Votes

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Apr 25, 2017 - Health committee Vote

Health Committee Vote: Apr 25, 2017

Co-Sponsors

S3295 (ACTIVE) - Details

S3295 (ACTIVE) - Summary

S3295 (ACTIVE) - Sponsor Memo

S3295 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3295

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Sponsored By

Archive: Last Bill Status Via A1982 - Signed by Governor

Your Voice

Actions

Votes

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Apr 25, 2017 - Health committee Vote

Health Committee Vote: Apr 25, 2017

Co-Sponsors

S3295 (ACTIVE) - Details

S3295 (ACTIVE) - Summary

S3295 (ACTIVE) - Sponsor Memo

S3295 (ACTIVE) - Bill Text download pdf

Comments