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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8264--A

                               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 -- recommitted to  the  Committee
          on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11945-03-2
        A. 8264--A                          2

     1    (3-a) [Feminine hygiene] Menstrual products, including, but not limit-
     2  ed to, [sanitary napkins] pads, tampons and panty liners.
     3    § 4. Section 9-141 of the administrative code of the city of New York,
     4  as  amended  by  chapter  322 of the laws of 2021, is amended to read as
     5  follows:
     6    § 9-141 [Feminine hygiene] Menstrual products. All [female]  incarcer-
     7  ated  individuals in the custody of the department shall be provided, at
     8  the department's expense, with [feminine hygiene] menstrual products  as
     9  soon  as practicable upon request. All [female] individuals arrested and
    10  detained in the custody of the department for at least 48 hours shall be
    11  provided, at the department's expense, with [feminine hygiene] menstrual
    12  products as soon as practicable  upon  request.  For  purposes  of  this
    13  section,  "[feminine  hygiene]  menstrual  products"  means  tampons and
    14  [sanitary napkins] pads for use in connection with the menstrual cycle.
    15    § 5. Section 12-207 of the administrative code  of  the  city  of  New
    16  York,  as  added  by local law number 83 of the city of New York for the
    17  year 2016, is amended to read as follows:
    18    § 12-207 Availability of [feminine hygiene] menstrual products.
    19    a. Definitions. For the purposes of this section, the following  terms
    20  have the following meanings:
    21    [Feminine  hygiene]  Menstrual  products. The term "[feminine hygiene]
    22  menstrual products" means tampons and [sanitary napkins] pads for use in
    23  connection with the menstrual cycle.
    24    Temporary shelters. The term "temporary shelters" means department  of
    25  homeless  services family with children shelters, adult family shelters,
    26  single adult [women shelters and single adult men] shelters;  and  human
    27  resources   administration   domestic  violence  shelters  and  HIV/AIDS
    28  services administration (HASA) shelters.
    29    b. The department  of  citywide  administrative  services  shall  make
    30  available to agencies operating or having oversight of providers operat-
    31  ing temporary shelters a supply of [feminine hygiene] menstrual products
    32  sufficient  to  meet  the  needs of residents. The department shall also
    33  make available a supply of [feminine hygiene] menstrual products  suffi-
    34  cient to meet the needs of youth in secure detention facilities operated
    35  by  the  administration  for  children's  services,  as well as youth in
    36  congregate care facilities operated by the administration for children's
    37  services who are awaiting placement with a licensed foster care agency.
    38    § 6. Subparagraph (d) of paragraph  1  of  subdivision  a  of  section
    39  20-708.1 of the administrative code of the city of New York, as added by
    40  local  law  number  84  of  the  city  of New York for the year 1991, is
    41  amended to read as follows:
    42    (d) Non-prescription drugs, [feminine hygiene] menstrual products  and
    43  health and beauty aids.
    44    §  6-a.  Subparagraph  (d)  of paragraph 1 of subdivision a of section
    45  20-708.1 of the administrative code of the city of New York, as  amended
    46  by  local  law  number 129 of the city of New York for the year 2021, is
    47  amended to read as follows:
    48    (d) Non-prescription drugs, [feminine hygiene] menstrual products  and
    49  health and beauty aids.
    50    §  7.  Section  21-968  of  the administrative code of the city of New
    51  York, as added by local law number 84 of the city of New  York  for  the
    52  year 2016, is amended to read as follows:
    53    §  21-968  Provision  of  [feminine  hygiene]  menstrual  products  in
    54  schools.
    55    a. Definitions. For the purposes of this section, the following  terms
    56  have the following meanings.
        A. 8264--A                          3

     1    [Feminine  hygiene]  Menstrual  products. The term "[feminine hygiene]
     2  menstrual products" means tampons and [sanitary napkins] pads for use in
     3  connection with the menstrual cycle.
     4    School building. The term "school building" means any facility that is
     5  leased  by the department or over which the department has care, custody
     6  and control, in which there is a  public  school,  including  a  charter
     7  school, serving [female] students in grades six through twelve.
     8    b.  The  department  shall  make [feminine hygiene] menstrual products
     9  available at no cost to students in bathrooms of school buildings.
    10    § 8. This act shall take effect immediately; provided,  however,  that
    11  if  local law number 129 of the city of New York for the year 2021 shall
    12  not have taken effect on or before such date then section six-a of  this
    13  act  shall  take  effect on the same date and in the same manner as such
    14  local law of the city of New York for the year 2021 takes effect.