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.