NY State Senate Bill 2021-S8229A

Senate Bill S8229A

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2022	print number 8229a
Mar 29, 2022	amend (t) and recommit to women's issues
Feb 07, 2022	referred to women's issues

Bill Amendments

Original

A (Active)

2021-S8229 - Details

See Assembly Version of this Bill:: A8264
Current Committee:: Senate Women's Issues
Law Section:: Correction Law
Laws Affected:: Amd §625, Cor L; amd §267, Pub Health L; amd §1115, Tax L
Versions Introduced in 2023-2024 Legislative Session:: S1522, A1296

2021-S8229 - Summary

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.

2021-S8229 - Sponsor Memo

                                 
BILL NUMBER: S8229

SPONSOR: PERSAUD
 
TITLE OF BILL:

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 feminine
hygiene products and sanitary napkins with the words menstrual products
and pads, respectively, or a variation thereof

 
PURPOSE:

This legislation will change instances of "feminine hygiene" products in
state law to "menstrual products".

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 625 of the correction law. Section two amends
section 267 of the public health law.

Section three amends paragraph (3-a) of subdivision (a) of section 1115

of the tax law. Section four amends section 9-141 of the administrative
code of the city of New York. Section five amends section 12-207 of the
administrative code of the city of New York.

Section six amends subparagraph (d) of paragraph 1 of subdivision a of
section 20-708.1 of the administrative code of the city of New York.

Section seven amends section 21-968 of the administrative code of the
city of New York.

Section eight sets forth the effective date.

 
JUSTIFICATION:

New York State has been a leader in the menstrual equity movement.
Since 2016, the State has abolished the tax on menstrual products,
required menstrual products be available for free for students in public
schools, required menstrual products be provided for free in correc-
tion-all facilities, required ingredient labeling on menstrual product
packaging and has most recently required menstrual products be made
available for free in shelters statewide. Each of these laws has moved
us closer to abolishing period poverty and ensuring that all people who
menstruate have access to safe menstrual products and that no one must
miss work, school or other functions because of a lack of access to
products. Additionally, the passage of these laws has encouraged a
conversation around menstruation, helping to break down the stigma and
shame that has surrounded menstruation for so long.

In recognition of the reality that menstruation is not dirty, but a
natural biological process, society has largely moved away from terms
like "feminine hygiene" and "sanitary product," as these terms reinforce
the idea that menstruation is dirty. In order to end period poverty and
achieve menstrual equity, we must also change the language we use when
discussing menstruation. This legislation will change all instances of
"feminine hygiene" products in state law to "menstrual" products.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8229 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8229
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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.
                                                            LBD11945-04-2

 S. 8229                             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.
   § 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.
   [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
 S. 8229                             3
 
 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.

co-Sponsors

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2021-S8229A (ACTIVE) - Details

See Assembly Version of this Bill:: A8264
Current Committee:: Senate Women's Issues
Law Section:: Correction Law
Laws Affected:: Amd §625, Cor L; amd §267, Pub Health L; amd §1115, Tax L
Versions Introduced in 2023-2024 Legislative Session:: S1522, A1296

2021-S8229A (ACTIVE) - Summary

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.

2021-S8229A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8229A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the correction law, the public health law and the tax
law, in relation to replacing all instances of the words or variations
of the words feminine hygiene products and sanitary napkins with the
words menstrual products and pads, respectively, or a variation thereof

 
PURPOSE:

This legislation will change instances of "feminine hygiene" products in
state law to "menstrual products".

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 625 of the correction law.

Section two amends section 267 of the public health law.

Section three amends paragraph (3-a) of subdivision (a) of section 1115

of the tax law.

Section four amends section 9-141 of the administrative code of the city
of New York.

Section five amends section 12-207 of the administrative code of the
city of New York.

Section six amends subparagraph (d) of paragraph 1 of subdivision a of
section 20-708.1 of the administrative code of the city of New York.

Section seven amends section 21-968 of the administrative code of the
city of New York.

Section eight sets forth the effective date.

 
JUSTIFICATION:

New York State has been a leader in the menstrual equity movement.
Since 2016, the State has abolished the tax on menstrual products,
required menstrual products be available for free for students in public
schools, required menstrual products be provided for free in correc-
tion-all facilities, required ingredient labeling on menstrual product
packaging and has most recently required menstrual products be made
available for free in shelters statewide. Each of these laws has moved
us closer to abolishing period poverty and ensuring that all people who
menstruate have access to safe menstrual products and that no one must
miss work, school or other functions because of a lack of access to
products. Additionally, the passage of these laws has encouraged a

In recognition of the reality that menstruation is not dirty, but a
natural biological process, society has largely moved away from terms
like "feminine hygiene" and "sanitary product," as these terms reinforce
the idea of menstruation is dirty. In order to end period poverty and
achieve menstrual equity, we must also change the language we use when
discussing menstruation. This legislation will change all instances of
"feminine hygiene" products in state law to "menstrual" products.
 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

none to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8229A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8229--A
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the correction law, the public health law  and  the  tax
   law, in relation to replacing all instances of the words or variations
   of  the  words feminine hygiene products and sanitary napkins with the
   words menstrual products and pads, respectively, or a variation there-
   of
 
   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] INCARCERATED INDIVIDUALS and in
 any other state or local facility where [women] INCARCERATED INDIVIDUALS
 are detained or confined by law enforcement 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. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11945-06-2

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Senate Bill S8229A

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Sponsored By

Roxanne J. Persaud