Bill Text: NY A05099 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides restroom access to persons with certain medical conditions; defines the term eligible medical condition.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-01-23 - reported referred to codes [A05099 Detail]

Download: New_York-2013-A05099-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5099
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2013
                                      ___________
       Introduced  by M. of A. PAULIN, DINOWITZ, GALEF, KELLNER, RIVERA, HEVESI
         -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, MILLMAN --  read
         once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to enacting the rest-
         room access 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  "restroom
    2  access act".
    3    S  2.  The  public health law is amended by adding a new article 19 to
    4  read as follows:
    5                                 ARTICLE 19
    6                             RESTROOM ACCESS ACT
    7  SECTION 1900. DEFINITION.
    8          1901. ACCESS TO RESTROOM FACILITIES.
    9          1902. REQUIRED CHANGES.
   10    S 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    S 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:
   21    1.  THE  INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE TOILET FACILITY
   22  HAS AN ELIGIBLE MEDICAL CONDITION OR UTILIZES AN OSTOMY DEVICE, PROVIDED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07498-02-3
       A. 5099                             2
    1  THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
    2  ABLE EVIDENCE THAT THE INDIVIDUAL HAS AN ELIGIBLE MEDICAL  CONDITION  OR
    3  USES AN OSTOMY DEVICE;
    4    2.  TWO  OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING AT THE
    5  TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
    6    3.   THE EMPLOYEE TOILET FACILITY IS NOT  LOCATED  IN  AN  AREA  WHERE
    7  PROVIDING  ACCESS  WOULD  CREATE AN OBVIOUS HEALTH OR SAFETY RISK TO THE
    8  REQUESTING INDIVIDUAL OR CREATE AN OBVIOUS SECURITY RISK TO THE PLACE OF
    9  BUSINESS;
   10    4. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
   11  SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
   12    5.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
   13  INDIVIDUAL.
   14    S 1902. REQUIRED CHANGES. NOTHING IN SECTION NINETEEN HUNDRED  ONE  OF
   15  THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A PLACE OF BUSINESS OPEN TO
   16  THE  GENERAL  PUBLIC FOR THE SALE OF GOODS OR SERVICES THAT HAS A TOILET
   17  FACILITY FOR ITS EMPLOYEES TO MAKE ANY PHYSICAL CHANGES TO  AN  EMPLOYEE
   18  TOILET FACILITY.
   19    S 3. This act shall take effect on the one hundred twentieth day after
   20  it  shall become law, provided that effective immediately, the addition,
   21  amendment and/or repeal of any rule  or  regulation  necessary  for  the
   22  implementation  of  this  act  on  its effective date are authorized and
   23  directed to be made and completed on or before such effective date.