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.