The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8264
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1. Section 625 of the correction law, as added by chapter 392
 of the laws of 2018, is amended to read as follows:
   § 625.  [Feminine  hygiene]  MENSTRUAL  products.  [Feminine  hygiene]
 MENSTRUAL  products,  including,  but not limited to, [sanitary napkins]
 PADS, tampons and panty liners, shall be provided at no cost to individ-
 uals housed in state and local  correctional  facilities  used  for  the
 general  confinement of [female] inmates and in any other state or local
 facility where [women] INMATES are detained or confined by law  enforce-
 ment agencies.
   §  2.  Section  267 of the public health law, as added by section 1 of
 part Q of chapter 56 of the laws of 2018, is amended to read as follows:
   § 267. [Feminine hygiene] MENSTRUAL products in schools. All elementa-
 ry and secondary public schools in the state  serving  students  in  any
 grade  from  grade  six  through  grade  twelve  shall provide [feminine
 hygiene] MENSTRUAL products in the restrooms of such school building  or
 buildings. Such products shall be provided at no charge to students.
   §  3. Paragraph 3-a of subdivision (a) of section 1115 of the tax law,
 as added by chapter 99 of the laws  of  2016,  is  amended  to  read  as
 follows:
   (3-a) [Feminine hygiene] MENSTRUAL products, including, but not limit-
 ed to, [sanitary napkins] PADS, tampons and panty liners.
   § 4. Section 9-141 of the administrative code of the city of New York,
 as  amended  by  chapter  322 of the laws of 2021, is amended to read as
 follows:
 

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

 A. 8264                             2
 
   § 9-141 [Feminine hygiene] MENSTRUAL products. All [female]  incarcer-
 ated  individuals in the custody of the department shall be provided, at
 the department's expense, with [feminine hygiene] MENSTRUAL products  as
 soon  as practicable upon request. All [female] individuals arrested and
 detained in the custody of the department for at least 48 hours shall be
 provided, at the department's expense, with [feminine hygiene] MENSTRUAL
 products  as  soon  as  practicable  upon  request. For purposes of this
 section, "[feminine  hygiene]  MENSTRUAL  products"  means  tampons  and
 [sanitary napkins] PADS for use in connection with the menstrual cycle.
   §  5.  Section  12-207  of  the administrative code of the city of New
 York, as added by local law number 83 of the city of New  York  for  the
 year 2016, is amended to read as follows:
   § 12-207 Availability of [feminine hygiene] MENSTRUAL products.
   a.  Definitions. For the purposes of this section, the following terms
 have the following meanings:
   [Feminine hygiene] MENSTRUAL products. The  term  "[feminine  hygiene]
 MENSTRUAL products" means tampons and [sanitary napkins] PADS for use in
 connection with the menstrual cycle.
   Temporary  shelters. The term "temporary shelters" means department of
 homeless services family with children shelters, adult family  shelters,
 single  adult  [women shelters and single adult men] shelters; and human
 resources  administration  domestic  violence  shelters   and   HIV/AIDS
 services administration (HASA) shelters.
   b.  The  department  of  citywide  administrative  services shall make
 available to agencies operating or having oversight of providers operat-
 ing temporary shelters a supply of [feminine hygiene] MENSTRUAL products
 sufficient to meet the needs of residents.  The  department  shall  also
 make  available a supply of [feminine hygiene] MENSTRUAL products suffi-
 cient to meet the needs of youth in secure detention facilities operated
 by the administration for children's  services,  as  well  as  youth  in
 congregate care facilities operated by the administration for children's
 services who are awaiting placement with a licensed foster care agency.
   §  6.  Subparagraph  (d)  of  paragraph  1 of subdivision a of section
 20-708.1 of the administrative code of the city of New York, as added by
 local law number 84 of the city of  New  York  for  the  year  1991,  is
 amended to read as follows:
   (d)  Non-prescription drugs, [feminine hygiene] MENSTRUAL products and
 health and beauty aids.
   § 7. Section 21-968 of the administrative code  of  the  city  of  New
 York,  as  added  by local law number 84 of the city of New York for the
 year 2016, is amended to read as follows:
   §  21-968  Provision  of  [feminine  hygiene]  MENSTRUAL  products  in
 schools.
   a.  Definitions. For the purposes of this section, the following terms
 have the following meanings.
   [Feminine hygiene] MENSTRUAL products. The  term  "[feminine  hygiene]
 MENSTRUAL products" means tampons and [sanitary napkins] PADS for use in
 connection with the menstrual cycle.
   School building. The term "school building" means any facility that is
 leased  by the department or over which the department has care, custody
 and control, in which there is a  public  school,  including  a  charter
 school, serving [female] students in grades six through twelve.
   b.  The  department  shall  make [feminine hygiene] MENSTRUAL products
 available at no cost to students in bathrooms of school buildings.
   § 8. This act shall take effect immediately.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8264--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Section 625 of the correction law, as added by chapter  392
 of the laws of 2018, is amended to read as follows:
   §  625.  [Feminine  hygiene]  MENSTRUAL  products.  [Feminine hygiene]
 MENSTRUAL products, including, but not limited  to,  [sanitary  napkins]
 PADS, tampons and panty liners, shall be provided at no cost to individ-
 uals  housed  in  state  and  local correctional facilities used for the
 general confinement of [female] inmates and in any other state or  local
 facility  where [women] INMATES are detained or confined by law enforce-
 ment agencies.
   § 2. Section 267 of the public health law, as added by  section  1  of
 part Q of chapter 56 of the laws of 2018, is amended to read as follows:
   § 267. [Feminine hygiene] MENSTRUAL products in schools. All elementa-
 ry  and  secondary  public  schools in the state serving students in any
 grade from grade  six  through  grade  twelve  shall  provide  [feminine
 hygiene]  MENSTRUAL products in the restrooms of such school building or
 buildings. Such products shall be provided at no charge to students.
   § 3. Paragraph 3-a of subdivision (a) of section 1115 of the tax  law,
 as  added  by  chapter  99  of  the  laws of 2016, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11945-03-2

 A. 8264--A                          2
 
   (3-a) [Feminine hygiene] MENSTRUAL products, including, but not limit-
 ed to, [sanitary napkins] PADS, tampons and panty liners.
   § 4. Section 9-141 of the administrative code of the city of New York,
 as  amended  by  chapter  322 of the laws of 2021, is amended to read as
 follows:
   § 9-141 [Feminine hygiene] MENSTRUAL products. All [female]  incarcer-
 ated  individuals in the custody of the department shall be provided, at
 the department's expense, with [feminine hygiene] MENSTRUAL products  as
 soon  as practicable upon request. All [female] individuals arrested and
 detained in the custody of the department for at least 48 hours shall be
 provided, at the department's expense, with [feminine hygiene] MENSTRUAL
 products as soon as practicable  upon  request.  For  purposes  of  this
 section,  "[feminine  hygiene]  MENSTRUAL  products"  means  tampons and
 [sanitary napkins] PADS for use in connection with the menstrual cycle.
   § 5. Section 12-207 of the administrative code  of  the  city  of  New
 York,  as  added  by local law number 83 of the city of New York for the
 year 2016, is amended to read as follows:
   § 12-207 Availability of [feminine hygiene] MENSTRUAL products.
   a. Definitions. For the purposes of this section, the following  terms
 have the following meanings:
   [Feminine  hygiene]  MENSTRUAL  products. The term "[feminine hygiene]
 MENSTRUAL products" means tampons and [sanitary napkins] PADS for use in
 connection with the menstrual cycle.
   Temporary shelters. The term "temporary shelters" means department  of
 homeless  services family with children shelters, adult family shelters,
 single adult [women shelters and single adult men] shelters;  and  human
 resources   administration   domestic  violence  shelters  and  HIV/AIDS
 services administration (HASA) shelters.
   b. The department  of  citywide  administrative  services  shall  make
 available to agencies operating or having oversight of providers operat-
 ing temporary shelters a supply of [feminine hygiene] MENSTRUAL products
 sufficient  to  meet  the  needs of residents. The department shall also
 make available a supply of [feminine hygiene] MENSTRUAL products  suffi-
 cient to meet the needs of youth in secure detention facilities operated
 by  the  administration  for  children's  services,  as well as youth in
 congregate care facilities operated by the administration for children's
 services who are awaiting placement with a licensed foster care agency.
   § 6. Subparagraph (d) of paragraph  1  of  subdivision  a  of  section
 20-708.1 of the administrative code of the city of New York, as added by
 local  law  number  84  of  the  city  of New York for the year 1991, is
 amended to read as follows:
   (d) Non-prescription drugs, [feminine hygiene] MENSTRUAL products  and
 health and beauty aids.
   §  6-a.  Subparagraph  (d)  of paragraph 1 of subdivision a of section
 20-708.1 of the administrative code of the city of New York, as  amended
 by  local  law  number 129 of the city of New York for the year 2021, is
 amended to read as follows:
   (d) Non-prescription drugs, [feminine hygiene] MENSTRUAL products  and
 health and beauty aids.
   §  7.  Section  21-968  of  the administrative code of the city of New
 York, as added by local law number 84 of the city of New  York  for  the
 year 2016, is amended to read as follows:
   §  21-968  Provision  of  [feminine  hygiene]  MENSTRUAL  products  in
 schools.
   a. Definitions. For the purposes of this section, the following  terms
 have the following meanings.
 A. 8264--A                          3
 
   [Feminine  hygiene]  MENSTRUAL  products. The term "[feminine hygiene]
 MENSTRUAL products" means tampons and [sanitary napkins] PADS for use in
 connection with the menstrual cycle.
   School building. The term "school building" means any facility that is
 leased  by the department or over which the department has care, custody
 and control, in which there is a  public  school,  including  a  charter
 school, serving [female] students in grades six through twelve.
   b.  The  department  shall  make [feminine hygiene] MENSTRUAL products
 available at no cost to students in bathrooms of school buildings.
   § 8. This act shall take effect immediately; provided,  however,  that
 if  local law number 129 of the city of New York for the year 2021 shall
 not have taken effect on or before such date then section six-a of  this
 act  shall  take  effect on the same date and in the same manner as such
 local law of the city of New York for the year 2021 takes effect.