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1995 SESSION

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LD7635297
HOUSE BILL NO. 2594 Offered January 23, 1995 A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 35.1, consisting of sections numbered 59.1-444.1, 59.1-444.2, and 59.1-444.3, providing access to private toilets by certain persons; penalty. ---------- Patron--Hull ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 59.1 a chapter number 35.1, consisting of sections numbered 59.1-444.1, 59.1-444.2, and 59.1-444.3, as follows:

CHAPTER 35.1. FACILITIES ACCESS ACT.

§ 59.1-444.1. Definitions.

As used in this chapter, unless the context requires otherwise:

“Customer” means an individual who (i) suffers from Crohn's Disease, ulcerative colitis, any other inflammatory bowel disease, or any other medical condition that requires immediate access to a toilet facility or (ii) utilizes an ostomy device.

“Merchant” means any person or entity engaged in the sale of goods from a fixed retail location in Virginia, and the employees or agents of such person or entity.

§ 59.1-444.2. Access to toilet facilities to be made available upon request.

A. At the request of a customer, and where a public restroom is not readily available, any merchant with twenty or more employees that has a toilet facility for employees shall allow the customer access to such facility.

B. For the purposes of this chapter, an employee toilet facility shall not be considered a public restroom.

§ 59.1-444.3. Penalty for violation.

Any merchant who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100.