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

                                   807

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  PAULIN, DINOWITZ, EDDINGTON, GALEF, BRADLEY,
  KELLNER, REILLY, J. RIVERA -- Multi-Sponsored by -- M. of A.  BOYLAND,
  McDONOUGH,  PHEFFER  --  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:

  Section  1.  This act shall be known and may be cited as the "restroom
access act".
  S 2. The public health law is amended by adding a new  article  19  to
read as follows:

                               ARTICLE 19
                           RESTROOM ACCESS ACT

SECTION 1900. DEFINITION.
        1901. ACCESS TO RESTROOM FACILITIES.
        1902. REQUIRED CHANGES.
  S  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.
  S 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, PROVIDED THAT ALL OF THE FOLLOWING  CONDI-
TIONS ARE MET:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01806-01-9
              

A. 807                              2

  1.  THE  INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE TOILET FACILITY
SUFFERS FROM AN ELIGIBLE MEDICAL CONDITION OR UTILIZES AN OSTOMY DEVICE;
  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 PLACE OF BUSINESS DOES NOT NORMALLY MAKE  THE  EMPLOYEE  TOILET
FACILITY AVAILABLE TO THE PUBLIC;
  4.  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; AND
  5.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
INDIVIDUAL.
  S 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.
  S  3.  This  act shall take effect on the ninetieth 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.