BILL NUMBER:S4803A

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

PURPOSE OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Section one provides that this act
shall be known and may be cited as "The Chohn'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 an 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 rest-room 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, eleven other states have passed the Restroom
Access Act: Texas, Wisconsin, Connecticut, Minnesota, Michigan,
Washington, Tennessee, Colorado, Ohio, Kentucky, and Oregon.
Legislation is currently pending in several other states.


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.

PRIOR LEGISLATIVE HISTORY: A.83B of 2011 and 2012, reported referred
to rules. Same as S.7153 (McDonald) of 2012, referred to health.
A.807, 2009 and 2010 referred to health. A.10056, 2008 referred to
health. Same as S.7138, 2008 referred to health.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall 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.