House Bill #6062 (2019)

AN ACT RELATING TO HEALTH AND SAFETY -- RESTROOM ACCESS ACT

Requires retail establishments with 3 persons or more on premises without public restrooms to allow customers to use employee restrooms for certain medical conditions upon presentation of documentary proof with violators fined $250. Effective 1/1/20

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Changes since original draft

  • 2019 – H 6062
  • 2019 – H 6062 SUBSTITUTE A
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  • LC002532
  • LC002532/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – RESTROOM ACCESS ACT
  • Introduced By: Representatives Ackerman, Shekarchi, Bennett, Amore, and McNamara
  • Date Introduced: May 03, 2019
  • Referred To: House Health, Education & Welfare
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Title 23 of the GeneralLaws entitled "HEALTH AND SAFETY"is hereby amended by adding thereto the following chapter:
  • CHAPTER 20.13
  • RESTROOM ACCESS ACT
  • 23-20.13-1. Short title.
  • This act shallbe known and may be cited as the "Restroom Access Act."
  • 23-20.13-2. Definitions.
  • As used in this section:
  • (1) "Customer" means an individual who is lawfully on the premises of a retail establishment.
  • (2) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, pregnancy, cancer or any other medical condition that requires immediate access to a restroom facility.
  • (3) "Retail establishment" means a place of business open to the general public for the sale of goods or services.
  • 23-20.13-3. Customer access to retail establishment restroom facilities.
  • A retail establishment that has a restroom facility for its employees shall allow a customer to use that facility during normal business hours if all of the following conditions are met:
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – RESTROOM ACCESS ACT
  • Introduced By: Representatives Ackerman, Shekarchi, Bennett, Amore, and McNamara
  • Date Introduced: May 03, 2019
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:
  • CHAPTER 20.13
  • RESTROOM ACCESS ACT
  • 23-20.13-1. Short title.
  • This act shall be known and may be cited as the "Restroom Access Act."
  • 23-20.13-2. Definitions.
  • As used in this section:
  • (1) "Customer" means an individual who is lawfully on the premises of a retail establishment.
  • (2) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, pregnancy, cancer or any other medical condition that requires immediate access to a restroom facility.
  • (3) "Retail establishment" means a place of business open to the general public for the sale of goods or services.
  • 23-20.13-3. Customer access to retail establishment restroom facilities.
  • A retail establishment that has a restroom facility for its employees shall allow a customer to use that facility during normal business hours if all of the following conditions are met:
  • (1) The customer requesting the use of the employee restroom facility suffers from an eligible medical condition or utilizes an ostomy device;
  • (2) Three (3) or more employees of the retail establishment are working at the time the customer requests use of the employee restroom facility;
  • (3) The retailestablishment does not normally make a restroom available to the public;
  • (3) The retail establishment does not normally make a restroom available to the public;
  • (4) The employee restroom facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment;
  • (5) A public restroom is not immediately accessible to the customer; and
  • (6) When requesting access to an employee restroom facility, a customer shallpresent to an employee of the retail establishment proof of an eligible medical condition. The proof shall take the form of a document issued by a licensed physician or the Crohn's & Colitis Foundation of America identifying the presenter of the document and citing the appropriate statutory authority.
  • (6) When requesting access to an employee restroom facility, a customer shall present to an employee of the retail establishment proof of an eligible medical condition. The proof shall take the form of a document issued by a licensed physician or the Crohn's & Colitis Foundation of America identifying the presenter of the document and citing the appropriate statutory authority.
  • 23-20.13-4. Liability.
  • (a) A retail establishment or an employee of a retail establishment shall not be civilly liable for any act or omission in allowing a customer, who claims to have an eligible medical condition, to use an employee restroom facility that is not a public restroom if the act or omission meets allof the following:
  • (a) A retail establishment or an employee of a retail establishment shall not be civilly liable for any act or omission in allowing a customer, who claims to have an eligible medical condition, to use an employee restroom facility that is not a public restroom if the act or omission meets all of the following:
  • (1) It is not willful or grossly negligent;
  • (2) It occurs in an area of the retailestablishment that is not accessible to the public; and
  • (2) It occurs in an area of the retail establishment that is not accessible to the public; and
  • (3) It results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
  • (b) A retail establishment is not required to make any physical changes or improvements to an employee restroom facility located on the premises pursuant to this section.
  • 23-20.13-5. Penalty.
  • A retail establishment or any employee of a retailestablishment, that violates § 23-20.13- 3 would be guilty of a misdemeanor, shall be subject to a fine of two hundred fifty dollars ($250).
  • SECTION 2. This act shalltake effect on January 1, 2020.
  • SECTION 2. This act shall take effect on January 1, 2020.
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  • LC002532
  • LC002532/SUB A
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  • LC002532 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – RESTROOM ACCESS ACT
  • A N A C T
  • RELATING TO HEALTH AND SAFETY – RESTROOM ACCESS ACT
  • ***
  • This act would require retail establishments with three (3) or more employees on the premises without immediately accessible public restroom facilities to allow customers suffering from eligible medical conditions access to their employee restrooms upon presentation of documentation issued by a licensed physician. Violations would be subject to a fine of two hundred fifty dollars ($250).
  • This act would take effect on January 1, 2020. ======== LC002532 ========
  • LC002532 - Page 3of 3
  • This act would require retail establishments with three (3) or more employees on the premises without immediately accessible public restroom facilities to allow customers suffering from eligible medical conditions access to their employee restrooms upon presentation of documentation issued by a licensed physician.
  • This act would take effect on January 1, 2020. ======== LC002532/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 19, 2019 at 5:23pm
Yeas: 73 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Alzate Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Caldwell Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Cassar Y
Rep. Chippendale Y
Rep. Cortvriend Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Craven Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Handy Y
Rep. Hawkins Y
Rep. Hull Y
Rep. Jackson Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Kennedy Y
Rep. Kislak Y
Rep. Knight Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Lyle Y
Rep. Maldonado Y
Rep. Marszalkowski NV
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendez Y
Rep. Messier Y
Rep. Millea Y
Rep. Morin Y
Rep. Nardone Y
Rep. Newberry Y
Rep. Noret Y
Rep. O'Brien Y
Rep. Phillips Y
Rep. Place Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serodio Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Speakman Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y