Revision: March 1, 2022, 9:09 a.m.
HB 1130-FN - AS AMENDED BY THE HOUSE
16Feb2022... 0542h
2022 SESSION
22-2238
05/08
HOUSE BILL 1130-FN
AN ACT relative to restroom access for persons with certain medical conditions.
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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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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.
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.
4 Effective Date. This act shall take effect upon its passage.
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
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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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