•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08146 Summary:

BILL NOA08146
 
SAME ASSAME AS S06226
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Add Art 19 §§1900 & 1901, Pub Health L
 
Creates a Crohn's and colitis identification card to allow people suffering from such illnesses to have access to restrooms.
Go to top    

A08146 Actions:

BILL NOA08146
 
06/04/2019referred to health
01/08/2020referred to health
02/04/2020reported referred to ways and means
07/17/2020reported referred to rules
07/21/2020reported
07/21/2020rules report cal.240
07/21/2020ordered to third reading rules cal.240
07/21/2020passed assembly
07/21/2020delivered to senate
07/21/2020REFERRED TO RULES
07/22/2020SUBSTITUTED FOR S6226
07/22/20203RD READING CAL.889
07/22/2020PASSED SENATE
07/22/2020RETURNED TO ASSEMBLY
11/20/2020delivered to governor
12/02/2020signed chap.310
12/02/2020approval memo.22
Go to top

A08146 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8146      Revised 2/24/2020
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public health law, in relation to creating a Crohn's and colitis identification card   PURPOSE: This bill requires the state health department to offer an identifica- tion card for people with gastrointestinal diseases defined in the Crohn's and Colitis Fairness Act. This ID card would verify their condi- tion and their right to access an employee-only toilet facility.   SUMMARY OF PROVISIONS: Section 1: The public health law is amended by adding a new article 19, Crohn's and Colitis Identification Card, authorizing the Commissioner of Health to create an identification card for people with gastrointestinal conditions defined in the Crohn's and Colitis Fairness Act. Section 2: This section sets the effective date and provides that any rules or regulations necessary to implement this legislation may be completed prior to the effective date.   JUSTIFICATION: Chapter 42 of the laws of 2018 enacted the Crohn's and Colitis Fairness Act. This landmark bill created a compassionate system for those who suffer from gastrointestinal diseases like ulcerative Colitis and Crohn's disease. The Crohn's and Colitis Fairness Act provides those suffering from certain gastrointestinal diseases, 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. While this bill provides a great service to those suffering from gastrointestinal diseases by permitting them to use employee-only toilet facilities, businesses have no way of identifying who may have a permit- ted gastrointestinal disease and who does not. This legislation would require the state health department to offer an identification card for people with gastrointestinal diseases outlined in the Crohn's and Colitis Fairness Act. This optional identification card would allow an individual to easily communicate their condition to an employee of a business and outline that employee's responsibility under the Crohn's and Colitis Fairness Act. This card would allow those suffering from gastrointestinal diseases to simply show an identification card which verifies they have a condition outlined in the Crohn's and Colitis Fairness Act. This would prevent a situation where someone with a gastrointestinal condition would be forced to argue with a store employee regarding their rights under the Crohn's and Colitis Fairness Act, or if an individual even has a quali- fying condition. However, such an identification card is not required to gain access to an employee restroom facility at a place of business in accordance with article 28-F of the General Business law.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A08146 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8146
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 4, 2019
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to creating a Crohn's
          and colitis identification card
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding a new article 19
     2  to read as follows:
     3                                 ARTICLE 19
     4                   CROHN'S AND COLITIS IDENTIFICATION CARD
     5  Section 1900. Definition.
     6          1901. Crohn's and colitis identification card.
     7    § 1900. Definition. As used in this article, "eligible medical  condi-
     8  tion"  means Crohn's disease, ulcerative colitis, any other inflammatory
     9  bowel disease, irritable bowel syndrome or any other  medical  condition
    10  that requires immediate access to a toilet facility.
    11    §  1901.  Crohn's and colitis identification card. 1. The commissioner
    12  shall develop an identification card denoting that  a  person  has  been
    13  medically diagnosed with an eligible medical condition. Such identifica-
    14  tion  card  may  be  presented pursuant to article twenty-eight-F of the
    15  general business law, in order to gain access to restroom facilities  as
    16  necessary.
    17    2.  Upon  the  request of a person with an eligible medical condition,
    18  the department shall issue such Crohn's and colitis identification  card
    19  in accordance with eligibility and documentation criteria established by
    20  the department for a fee to be determined by the commissioner.
    21    3.  The  front  of such card shall indicate that it has been issued by
    22  the department pursuant to this section and shall include:
    23    (a) the card bearer's name;
    24    (b) the card bearer's address;
    25    (c) the card bearer's date of birth;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11345-01-9

        A. 8146                             2
 
     1    (d)  the  following  statement:  "MEDICAL   ALERT:   RESTROOM   ACCESS
     2  REQUIRED"; and
     3    (e)  the following statement in smaller font: "The holder of this card
     4  suffers from Crohn's disease, ulcerative colitis or  other  inflammatory
     5  bowel  disease. These autoimmune diseases are not contagious.  These are
     6  painful conditions and need immediate access to a restroom."
     7    4. The back of such card shall include:
     8    (a) a reference to the Crohn's and colitis fairness act, article twen-
     9  ty-eight-F of the general business law; and
    10    (b) the following statement: "Complaints regarding enforcement  should
    11  be directed to the New York State Attorney General's Consumer Helpline".
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.  Effective immediately, the addition, amend-
    14  ment,  and/or  repeal of any rule or regulation necessary for the imple-
    15  mentation of this act on its effective date are authorized  to  be  made
    16  and completed on or before such effective date.
Go to top