Bill Text: NY A08264 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Replaces all instances of the words or variations of the words feminine hygiene products and sanitary napkins with the words menstrual products or pads, respectively, or a variation thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-31 - advanced to third reading cal.513 [A08264 Detail]

Download: New_York-2021-A08264-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8264

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the correction law, the public health law, the  tax  law
          and  the  administrative  code of the city of New York, in relation to
          replacing all instances of the words or variations of the words  femi-
          nine  hygiene  products  and sanitary napkins with the words menstrual
          products and pads, respectively, or a variation thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 625 of the correction law, as added by chapter 392
     2  of the laws of 2018, is amended to read as follows:
     3    § 625.  [Feminine  hygiene]  Menstrual  products.  [Feminine  hygiene]
     4  Menstrual  products,  including,  but not limited to, [sanitary napkins]
     5  pads, tampons and panty liners, shall be provided at no cost to individ-
     6  uals housed in state and local  correctional  facilities  used  for  the
     7  general  confinement of [female] inmates and in any other state or local
     8  facility where [women] inmates are detained or confined by law  enforce-
     9  ment agencies.
    10    §  2.  Section  267 of the public health law, as added by section 1 of
    11  part Q of chapter 56 of the laws of 2018, is amended to read as follows:
    12    § 267. [Feminine hygiene] Menstrual products in schools. All elementa-
    13  ry and secondary public schools in the state  serving  students  in  any
    14  grade  from  grade  six  through  grade  twelve  shall provide [feminine
    15  hygiene] menstrual products in the restrooms of such school building  or
    16  buildings. Such products shall be provided at no charge to students.
    17    §  3. Paragraph 3-a of subdivision (a) of section 1115 of the tax law,
    18  as added by chapter 99 of the laws  of  2016,  is  amended  to  read  as
    19  follows:
    20    (3-a) [Feminine hygiene] Menstrual products, including, but not limit-
    21  ed to, [sanitary napkins] pads, tampons and panty liners.
    22    § 4. Section 9-141 of the administrative code of the city of New York,
    23  as  amended  by  chapter  322 of the laws of 2021, is amended to read as
    24  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11945-02-1

        A. 8264                             2

     1    § 9-141 [Feminine hygiene] Menstrual products. All [female]  incarcer-
     2  ated  individuals in the custody of the department shall be provided, at
     3  the department's expense, with [feminine hygiene] menstrual products  as
     4  soon  as practicable upon request. All [female] individuals arrested and
     5  detained in the custody of the department for at least 48 hours shall be
     6  provided, at the department's expense, with [feminine hygiene] menstrual
     7  products  as  soon  as  practicable  upon  request. For purposes of this
     8  section, "[feminine  hygiene]  menstrual  products"  means  tampons  and
     9  [sanitary napkins] pads for use in connection with the menstrual cycle.
    10    §  5.  Section  12-207  of  the administrative code of the city of New
    11  York, as added by local law number 83 of the city of New  York  for  the
    12  year 2016, is amended to read as follows:
    13    § 12-207 Availability of [feminine hygiene] menstrual products.
    14    a.  Definitions. For the purposes of this section, the following terms
    15  have the following meanings:
    16    [Feminine hygiene] Menstrual products. The  term  "[feminine  hygiene]
    17  menstrual products" means tampons and [sanitary napkins] pads for use in
    18  connection with the menstrual cycle.
    19    Temporary  shelters. The term "temporary shelters" means department of
    20  homeless services family with children shelters, adult family  shelters,
    21  single  adult  [women shelters and single adult men] shelters; and human
    22  resources  administration  domestic  violence  shelters   and   HIV/AIDS
    23  services administration (HASA) shelters.
    24    b.  The  department  of  citywide  administrative  services shall make
    25  available to agencies operating or having oversight of providers operat-
    26  ing temporary shelters a supply of [feminine hygiene] menstrual products
    27  sufficient to meet the needs of residents.  The  department  shall  also
    28  make  available a supply of [feminine hygiene] menstrual products suffi-
    29  cient to meet the needs of youth in secure detention facilities operated
    30  by the administration for children's  services,  as  well  as  youth  in
    31  congregate care facilities operated by the administration for children's
    32  services who are awaiting placement with a licensed foster care agency.
    33    §  6.  Subparagraph  (d)  of  paragraph  1 of subdivision a of section
    34  20-708.1 of the administrative code of the city of New York, as added by
    35  local law number 84 of the city of  New  York  for  the  year  1991,  is
    36  amended to read as follows:
    37    (d)  Non-prescription drugs, [feminine hygiene] menstrual products and
    38  health and beauty aids.
    39    § 7. Section 21-968 of the administrative code  of  the  city  of  New
    40  York,  as  added  by local law number 84 of the city of New York for the
    41  year 2016, is amended to read as follows:
    42    §  21-968  Provision  of  [feminine  hygiene]  menstrual  products  in
    43  schools.
    44    a.  Definitions. For the purposes of this section, the following terms
    45  have the following meanings.
    46    [Feminine hygiene] Menstrual products. The  term  "[feminine  hygiene]
    47  menstrual products" means tampons and [sanitary napkins] pads for use in
    48  connection with the menstrual cycle.
    49    School building. The term "school building" means any facility that is
    50  leased  by the department or over which the department has care, custody
    51  and control, in which there is a  public  school,  including  a  charter
    52  school, serving [female] students in grades six through twelve.
    53    b.  The  department  shall  make [feminine hygiene] menstrual products
    54  available at no cost to students in bathrooms of school buildings.
    55    § 8. This act shall take effect immediately.
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