HB 1130-FN - AS AMENDED BY THE SENATE

16Feb2022... 0542h

04/21/2022   1642s

04/21/2022   1679s

2022 SESSION

22-2238

05/08

HOUSE BILL 1130-FN

AN ACT relative to restroom access for persons with certain medical conditions and relative to the procedure for obtaining a marriage license.

SPONSORS: Rep. J. Schmidt, Hills. 28; Rep. Levesque, Straf. 4; Rep. Cohen, Hills. 28

COMMITTEE: Health, Human Services and Elderly Affairs

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AMENDED ANALYSIS

This bill requires retail establishments to allow individuals with medical conditions, like Crohn's disease and colitis, to use employee toilet facilities under certain circumstances.

The bill also allows the parties to be married to complete the marriage application in the presence of a justice of the peace rather than the city or town clerk.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Feb2022... 0542h

04/21/2022   1642s

04/21/2022   1679s 22-2238

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to restroom access for persons with certain medical conditions and relative to the procedure for obtaining a marriage license.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Title. This act shall be known and may be cited as the “Crohn’s and Colitis Fairness Act” or the “Restroom Access Act”.

2  Purpose. The general court hereby finds and declares that:

I. Crohn’s disease and ulcerative colitis, collectively known as inflammatory bowel disease (IBD), are painful, medically incurable diseases that affect the digestive system resulting in symptoms that include loss of bowel control and require urgent and sudden use of a restroom.

II. Denying restroom access to IBD patients can lead to embarrassing, avoidable accidents that can cause extreme emotional distress.

III. As IBD affects numerous people in this state, and as increasing numbers of people are being diagnosed with IBD, it is in the public interest to ensure that these patients can access a restroom in an emergency.

3  New Subdivision.  Amend RSA 155 by inserting after section 80 the following new subdivision:

Restroom Access Act

155:81  Definitions.  In this subdivision:

I.  “Eligible medical condition” means Crohn’s disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel disease syndrome, or any other medical condition that requires the use of an ostomy device or immediate access to a toilet facility.

II.  “Retail establishment” means a place of business open to the general public for the sale of goods or services.

155:82  Restroom Access.  A retail establishment 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 the following conditions are met:

I.  The individual requesting the use of the employee toilet facility suffers from an eligible medication condition or utilizes an ostomy device, as evidenced by a signed document from a health care provider, an identification card from a national association, or other reasonable evidence of a qualifying medical condition.

II.  A public restroom is not immediately accessible to the customer.

III.  The employee toilet facility is not located in an area where providing access would create a health or safety risk to the customer, and providing access to the toilet facility would not pose a risk to an employee or others in the retail establishment.

4  Marriage License and Registration.  Amend RSA 5-C:42, IV to read as follows:

IV.  The [prospective bride and groom] persons to be married shall appear in person to the clerk of the town or city to file the marriage intentions and to sign the application for the marriage license unless either party or both are [members of the armed forces and] unable to appear in person, in which case the procedure in paragraph V or V-a shall apply.

5  New Paragraph; Marriage License and Registration; Procedure When One Party is Unable to Appear in Person.  Amend RSA 5-C:42 by inserting after paragraph V the following new paragraph:

V-a.  If either party is unable to appear in person, the city or town clerk shall accommodate the parties by authorizing a New Hampshire justice of the peace to act on behalf of the clerk in verifying the authenticity of the information provided and the applicant's signature on the marriage application.  The justice of the peace shall photograph all signed documents necessary for issuance of a marriage license and all documentation necessary for proof of identity.  The justice of the peace shall send the documents electronically to the clerk's office, where they shall be retained permanently and used as an acceptable substitute for the personal appearance of the persons to be married.

6  Effective Date.

I.  Sections 4 and 5 of this act shall take effect January 1, 2023.

II.  The remainder of this act shall take effect upon its passage.

LBA

22-2238

Amended 2/28/22

HB 1130-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-0542h)

AN ACT relative to restroom access for persons with certain medical conditions.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill requires retail establishments to allow individuals with eligible medical conditions to use employee toilet facilities under certain circumstances as well as establishing a fine for any retail establishment or an employee of a retail establishment in violation of the statute.  There is no method to determine how many violation charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on state General Fund expenditures or revenue.  

It is assumed any fiscal impact from this bill will not occur until after FY 2022.

AGENCIES CONTACTED:

None