Indiana 2025 Regular Session

Indiana Senate Bill SB0131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 131
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 24-4-14.5; IC 34-30-2.1-352.5.
7	7	Synopsis: Access to employee restrooms. Provides that if a retail
8	8	establishment has a restroom facility on its premises for the use of the
9	9	retail establishment's employees, a customer who suffers from an
10	10	eligible medical condition must, upon request, be allowed to use the
11	11	restroom facility during normal business hours if certain conditions are
12	12	met. Specifies that a customer who uses the retail establishment's
13	13	employee restroom facility is responsible for leaving the restroom
14	14	facility in the same condition as when the customer entered the
15	15	restroom facility. Provides immunity from civil liability for any act or
16	16	omission in allowing a customer to use an employee restroom facility
17	17	if all of the specified conditions for use of the facility are met, provided
18	18	that the act or omission: (1) is not willful or grossly negligent; and (2)
19	19	occurs in an area of the retail establishment that is not accessible to the
20	20	public. Imposes a maximum $100 civil penalty on an owner, operator,
21	21	or employee of a retail establishment for violating these provisions.
22	22	Effective: July 1, 2025.
23	23	Ford J.D.
24	24	January 8, 2025, read first time and referred to Committee on Commerce and Technology.
25	25	2025 IN 131—LS 6389/DI 154 Introduced
26	26	First Regular Session of the 124th General Assembly (2025)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2024 Regular Session of the General Assembly.
36	36	SENATE BILL No. 131
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning trade
38	38	regulation.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 24-4-14.5 IS ADDED TO THE INDIANA CODE
41	41	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
42	42	3 JULY 1, 2025]:
43	43	4 Chapter 14.5. Access to Employee Restrooms for Customers
44	44	5 With Medical Conditions
45	45	6 Sec. 1. (a) The definitions set forth in this section apply
46	46	7 throughout this chapter.
47	47	8 (b) "Customer" means a person who is lawfully on the premises
48	48	9 of a retail establishment.
49	49	10 (c) "Eligible medical condition" means Crohn's disease,
50	50	11 inflammatory bowel disease, or ulcerative colitis.
51	51	12 (d) "Retail establishment" means a place of business that is
52	52	13 open to the general public for the sale of goods or services.
53	53	14 Sec. 2. (a) If a restroom facility for the use of the employees of
54	54	15 a retail establishment is located on the premises of the retail
55	55	16 establishment, the owner or operator of the retail establishment or
56	56	17 an employee of the retail establishment shall, upon request, allow
57	57	2025 IN 131—LS 6389/DI 154 2
58	58	1 a customer to use the restroom facility during normal business
59	59	2 hours if all of the following conditions are met:
60	60	3 (1) The restroom facility is reasonably safe for use by the
61	61	4 customer.
62	62	5 (2) The customer requesting the use of the restroom facility:
63	63	6 (A) suffers from an eligible medical condition and holds a
64	64	7 written certification of the eligible medical condition by the
65	65	8 individual's treating health care provider for the
66	66	9 condition; or
67	67	10 (B) uses an ostomy device.
68	68	11 (3) At least two (2) employees of the retail establishment are
69	69	12 working in the retail establishment when the customer
70	70	13 requests use of the restroom facility.
71	71	14 (4) Providing the customer with access to the restroom facility
72	72	15 does not create:
73	73	16 (A) a health or safety risk to the customer; or
74	74	17 (B) a security risk to the retail establishment;
75	75	18 because of the nature of the area in which the restroom
76	76	19 facility is located.
77	77	20 (5) The retail establishment does not normally make the
78	78	21 restroom available to the public.
79	79	22 (6) A public restroom is not otherwise immediately available
80	80	23 to the customer.
81	81	24 (b) A customer with an eligible medical condition who uses a
82	82	25 retail establishment's restroom facility under this chapter is
83	83	26 responsible for leaving the restroom facility in the same condition
84	84	27 as when the customer entered the restroom facility.
85	85	28 Sec. 3. An owner, operator, or employee of a retail
86	86	29 establishment is not civilly liable for any act or omission in
87	87	30 allowing a customer who has an eligible medical condition to use
88	88	31 a restroom facility under the conditions set forth in section 2 of this
89	89	32 chapter if the act or omission:
90	90	33 (1) is not willful or grossly negligent; and
91	91	34 (2) occurs in an area of the retail establishment that is not
92	92	35 accessible to the public;
93	93	36 even if the act or omission results in an injury to or the death of the
94	94	37 customer or any individual other than an owner, operator, or
95	95	38 employee accompanying the customer.
96	96	39 Sec. 4. An owner, operator, or employee of a retail
97	97	40 establishment who denies a customer access to a restroom facility
98	98	41 in violation of section 2 of this chapter commits a Class C
99	99	42 infraction. Notwithstanding IC 34-28-5-4(c), a civil judgment for
100	100	2025 IN 131—LS 6389/DI 154 3
101	101	1 an infraction committed in violation of section 2 of this chapter
102	102	2 may not exceed one hundred dollars ($100).
103	103	3 Sec. 5. This chapter does not require any physical changes to be
104	104	4 made to an employee restroom facility located in a retail
105	105	5 establishment.
106	106	6 SECTION 2. IC 34-30-2.1-352.5 IS ADDED TO THE INDIANA
107	107	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
108	108	8 [EFFECTIVE JULY 1, 2025]: Sec. 352.5. IC 24-4-14.5-3 (Concerning
109	109	9 acts or omissions of an owner, operator, or employee of a retail
110	110	10 establishment in allowing a customer with an eligible medical
111	111	11 condition to use a restroom facility for employees).
112	112	2025 IN 131—LS 6389/DI 154