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A05099 Summary:

COSPNSRDinowitz, Galef, Kellner, Rivera, Hevesi, Schimel
MLTSPNSRGottfried, Millman
Add Art 19 SS1900 - 1902, Pub Health L
Provides restroom access to persons with certain medical conditions; defines the term eligible medical condition.
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A05099 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2013
          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:
     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:

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

        A. 5099--A                          2
     1    1. the individual requesting the use of the employee  toilet  facility
     2  has an eligible medical condition or utilizes an ostomy device, provided
     3  that the place of business may require the individual to present reason-
     4  able  evidence  that the individual has an eligible medical condition or
     5  uses an ostomy device;
     6    2.  two  or more employees of the place of business are working at the
     7  time the individual requests use of the employee toilet facility;

     8    3.   the employee toilet facility is not  located  in  an  area  where
     9  providing  access  would  create an obvious health or safety risk to the
    10  requesting individual or create an obvious security risk to the place of
    11  business;
    12    4. use of the toilet facility would not create an  obvious  health  or
    13  safety risk to the requesting individual; and
    14    5.  a  public restroom is not immediately accessible to the requesting
    15  individual.
    16    § 1902. Required changes. Nothing in section nineteen hundred  one  of
    17  this article shall be construed as requiring a place of business open to
    18  the  general  public for the sale of goods or services that has a toilet
    19  facility for its employees to make any physical changes to  an  employee

    20  toilet facility.
    21    § 3. This act shall take effect on the one hundred twentieth day after
    22  it  shall become law, provided that effective immediately, the addition,
    23  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    24  implementation  of  this  act  on  its effective date are authorized and
    25  directed to be made and completed on or before such effective date.
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