CHAPTER 295
HB 1130-FN - FINAL VERSION
16Feb2022... 0542h
04/21/2022 1642s
04/21/2022 1679s
26May2022... 2035CofC
2022 SESSION
22-2238
05/08
HOUSE BILL 1130-FN
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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AMENDED 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.
The bill also directs the city or town clerk to meet with marriage license applicants at a convenient location within the city or town if either party is otherwise unable to appear in person for medical reasons.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
04/21/2022 1642s
04/21/2022 1679s
26May2022... 2035CofC
22-2238
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
295:1 Title. This act shall be known and may be cited as the “Crohn’s and Colitis Fairness Act” or the “Restroom Access Act”.
295:2 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.
295:3 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 or others in the retail establishment.
295:4 Marriage License and Registration. Amend RSA 5-C:42, IV to read as follows:
IV. The [prospective bride and groom] persons to be married shall appear in person to the clerk of the town or city to file the marriage intentions and to sign the application for the marriage license unless either party or both are [members of the armed forces and] unable to appear in person, in which case the procedure in paragraph V or V-a shall apply.
295:5 New Paragraph; Marriage License and Registration; Procedure When Either Party is Unable to Appear in Person for Medical Reasons. Amend RSA 5-C:42 by inserting after paragraph V the following new paragraph:
V-a. If either party is unable to appear in person for medical reasons, the city or town clerk shall accommodate the parties by meeting in person with the parties at such other location within the city or town as may be convenient.
I. Sections 4 and 5 of this act shall take effect January 1, 2023.
II. The remainder of this act shall take effect upon its passage.
Approved: July 01, 2022
Effective Date:
I. Sections 4 and 5 effective January 1, 2023
II. Remainder effective July 1, 2022