Bill Text: AZ SB1045 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Public restrooms; feminine hygiene products
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-10 - Senate read second time [SB1045 Detail]
Download: Arizona-2024-SB1045-Introduced.html
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REFERENCE TITLE: public restrooms; feminine hygiene products |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1045 |
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Introduced by Senators Epstein: Mendez
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An Act
amending sections 9-415, 9-494, 11-910 and 11-935, Arizona Revised Statutes; amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.05; amending sections 15-1444, 36-3005, 41-511.04, 46-241.01 and 48-3902, Arizona Revised Statutes; relating to feminine hygiene products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-415, Arizona Revised Statutes, is amended to read:
9-415. Trustees; organization; appointment of librarian; required provision of feminine hygiene products
A. The trustees shall have charge of the library and all library property. They shall meet for business purposes each month, and at such other times as they shall appoint, at a place to be provided for the purpose. They may elect from their body a president and secretary, and may adopt an official seal. The secretary shall keep a full statement and account of all property, receipts and expenditures, and a record of the proceedings of the board.
B. The trustees may appoint a librarian.
C. The trustees shall ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each public library. Feminine hygiene products provided pursuant to this subsection must be provided in a convenient and discreet manner. For the purposes of this subsection, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
Sec. 2. Section 9-494, Arizona Revised Statutes, is amended to read:
9-494. Parks; tax for parks within reclamation projects; required provision of feminine hygiene products
A. A city or town may establish and maintain public parks, and acquire, hold and improve real property for that purpose.
B. In a city or town lying within a reclamation project in which a park has been set aside under an act of Congress, a tax of not more than four-tenths mills on the dollar may be levied on all property by the city or town for the purpose of paying, or partly paying, the expenses of maintaining the park.
C. Any city or town that establishes and maintains a public park pursuant to subsection A of this section shall ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each public park that is maintained by the city or town. Feminine hygiene products provided pursuant to this subsection must be provided in a convenient and discreet manner. For the purposes of this subsection, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
Sec. 3. Section 11-910, Arizona Revised Statutes, is amended to read:
11-910. Supervision by director of the Arizona state library, archives and public records; semiannual convention of county librarians; required provision of feminine hygiene products
A. All county free libraries established under this article shall be under the general supervision of the director of the Arizona state library, archives and public records. The director or an assistant to the director shall periodically visit the libraries and inquire into their condition.
B. The director shall twice a year call a convention of county librarians to convene at such time and place as the director deems most convenient for the discussion of to discuss questions pertaining to supervision and administration of the county free libraries, the laws relating to county free libraries and such other subjects affecting the welfare and interest of the libraries as are proper.
C. All county librarians shall attend and take part in the proceedings of the convention.
D. The director shall ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each county free library established under this article. Feminine hygiene products provided pursuant to this subsection must be provided in a convenient and discreet manner. FOr the purposes of this subsection, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
Sec. 4. Section 11-935, Arizona Revised Statutes, is amended to read:
11-935. County parks commission; powers and duties
A. The county parks commission shall:
1. Supervise and control all county parks and all county recreational programs. and
2. Establish and supervise law enforcement training programs for park rangers empowered to apprehend rule violators under section 11-938.
3. Ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each county park. Feminine hygiene products provided pursuant to this paragraph must be provided in a convenient and discreet manner. FOr the purposes of this paragraph, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
B. The commission may:
1. Direct the appointment of a full or part-time supervisor of county parks and recreational programs at a salary to be fixed by the governing body.
2. Make reasonable rules for the proper use, management, government and protection of, and maintenance of good order in, all public parks under its supervision and control, but the rules shall be related to preservation of public property, natural features and curiosities, or preservation of public health and safety in the parks and recreational areas.
3. Prescribe fees to be paid for the use of public parks facilities, which shall not be in excess of exceed the amount required to improve and maintain the parks. These fees shall be approved by the governing body.
4. Establish broad policies and long-range programs for the acquisition, planning, development, maintenance and operation of the county parks.
5. Provide for the assembling and distribution of distributing information to the public relating to programs and activities of the department.
6. Appoint any of its officers or employees as park ranger law enforcement officers. An appointee must meet the minimum qualifications prescribed pursuant to section 41-1822 for law enforcement officers. Park ranger law enforcement officers have the authority of peace officers and their duties shall include:
(a) Enforcing this article and the rules adopted pursuant to this article.
(b) Protecting the parks and recreational areas and other public areas under the commission's supervision and control against damage.
(c) Preserving the peace and public health and safety.
Sec. 5. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.05, to read:
15-120.05. Feminine hygiene products; required provision by schools; definition
A. Each school that is operated by a school district or charter school and that serves students in any of grades six through twelve shall ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms in the school. Feminine hygiene products provided pursuant to this section must be provided in a convenient and discreet manner.
B. For the purposes of this section, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
Sec. 6. Section 15-1444, Arizona Revised Statutes, is amended to read:
15-1444. General powers and duties of district boards
A. Except as otherwise provided, each district board shall:
1. Maintain each community college under its jurisdiction for a period of at least eight months in each year and, if the monies of the district are sufficient, maintain each community college for a longer period.
2. Adopt policies in a public forum to offer programs that meet the educational needs of the population served by the community college.
3. Enforce the courses of study prescribed by the district board.
4. Visit each community college under its jurisdiction and examine carefully into its management, conditions and needs.
5. Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character intended for use as textbooks.
6. Appoint and employ a chancellor or chancellors, vice chancellors, a president or presidents, vice presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees it deems necessary. The district board may enter into employment contracts with chancellors, vice chancellors and presidents for a duration of more than one year but not more than five years.
7. Determine the salaries of persons it appoints and employs. A district may not compensate an employee for work performed on behalf of an elected employee representative organization and may not provide more favorable terms and conditions of employment to any employee because that individual belongs to an elected employee representative organization.
8. Remove any officer or employee if in its judgment the interests of education in this state require the removal.
9. Award degrees, certificates and diplomas on the completion of courses and curricula as it deems appropriate.
10. Appoint or employ, if it deems necessary, police officers who shall have the authority and power of peace officers. The police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 2 or the public safety personnel retirement system under title 38, chapter 5, article 4.
11. Determine the location within the district of a community college and purchase, receive, hold, make and take leases of, sell and convey real or personal property for the benefit of the community colleges under its jurisdiction.
12. Obtain insurance or be self-insured, or a combination of insurance and self-insurance, against loss, to the extent it is determined necessary on community college buildings of the district. The local district shall have an insurable interest in the buildings.
13. Ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public in each community college. Feminine hygiene products provided pursuant to this paragraph must be provided in a convenient and discreet manner. For the purposes of this paragraph, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
B. The district board may:
1. Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district.
2. Lease real property, as lessor or as lessee. If a district is the lessee, the lease may contain an option to purchase the property. The district board may adopt policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to lease property under this paragraph. Any delegation by the district board pursuant to this paragraph may be rescinded in whole or in part at any time by the district board.
3. Sue and be sued.
4. Contract. The district board may adopt such policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to contract under this paragraph. Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part.
5. Construct, remodel and repair buildings.
6. In conjunction with other districts, establish policies for procuring goods and services.
7. Provide a plan or plans for employee benefits, which may include optional retirement programs pursuant to section 15-1451, subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
8. Accept grants or donations of monies from the United States or any of its agencies, departments or officers, this state, political subdivisions of this state, tribal governments, school districts, special taxing districts, persons, corporations, foundations or associations. The district board shall deposit the monies into in a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific policies or restrictions as described or stipulated in the grant or donation. In the case of personal property granted or donated to or for the benefit of a community college district, the district board shall immediately transfer possession and ownership of the property to the designated district. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
9. Enter into intergovernmental agreements or contracts pursuant to section 11-952.01 for participation in programs offered by public agency pools or separately contract with a trustee or board of trustees that provides a common self-insurance program with pooled funds and risks pursuant to section 15-382, subsection B, paragraph 2. The district board is not required to engage in competitive procurement in order to make the decision to participate in these programs.
10. Name a building or a group of buildings that is located on a community college campus on behalf of a person or entity that has made a significant contribution of monies or other property to the community college or the community college district.
11. Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit-sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through community college district research. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
12. Enter into an intergovernmental agreement pursuant to section 15-1747 to participate in a reciprocity agreement subject to the terms of the reciprocity agreement.
13. Engage in entrepreneurial and commercial activities. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
14. Collect auxiliary fees, including cafeteria fees, food service fees, bookstore fees and dormitory fees. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
15. Provide goods and services pursuant to a contract with a political subdivision of this state or with a tribal government. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
16. For a community college in a county with a population of seven hundred fifty thousand persons or less, offer four-year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education.
17. For a community college in a county with a population of more than seven hundred fifty thousand persons, offer four-year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education as follows:
(a) For the first four years that a community college offers four-year baccalaureate degrees, the community college may not offer more than five percent of its total number of degree and certification offerings for four-year baccalaureate degrees. For the fifth and subsequent years that a community college offers four-year baccalaureate degrees, the community college may not offer more than ten percent of its total number of degree and certification offerings for four-year baccalaureate degrees.
(b) Tuition per credit hour for the third and fourth years of a four-year baccalaureate program may not exceed one hundred fifty percent of the tuition per credit hour of any other district program.
C. If a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the district shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest. The lien for unpaid delinquent taxes, penalties and interest on property acquired by the district:
1. Is not abated, extinguished, discharged or merged in the title to the property.
2. Is enforceable in the same manner as other delinquent tax liens.
D. In a district whose boundaries encompass a vehicle emissions control area as defined in section 49-541, the district board shall require all out-of-county and out-of-state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of section 49-542. The district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles that fail to comply with section 49-542.
E. A community college district and a career technical education district governing board may enter into agreements to provide administrative, operational and educational services and facilities.
F. Each district may establish a program for the exchange of students between the community colleges under its jurisdiction and colleges and universities located in Sonora, Mexico. The program may provide for in-state tuition for Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for Arizona students enrolled or seeking enrollment in Sonora colleges and universities. The community colleges may work in conjunction with the Arizona-Mexico commission in the governor's office to coordinate recruitment and admissions activities to provide for in-state tuition for up to fifty Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for up to fifty total Arizona students enrolled or seeking enrollment in Sonora colleges and universities.
G. Each district shall facilitate transfer articulation coordination pursuant to section 15-1824.
Sec. 7. Section 36-3005, Arizona Revised Statutes, is amended to read:
36-3005. Domestic violence service provider requirements for eligibility
A. To be eligible to receive fund monies under this chapter, a domestic violence service provider shall do both of the following:
1. Adhere to statewide service standards for domestic violence programs that are approved by the department of economic security in collaboration with a state coalition against domestic violence.
2. Ensure that feminine hygiene products are provided at no cost to any individual who receives shelter services from the domestic violence service provider. Feminine hygiene products provided pursuant to this paragraph must be provided in a convenient and discreet manner. FOr the purposes of this paragraph, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
B. A domestic violence service provider does not qualify for fund monies if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, disability, marital status, national origin or ancestry.
Sec. 8. Section 41-511.04, Arizona Revised Statutes, is amended to read:
41-511.04. Duties; board; partnership fund; state historic preservation officer; definition
A. The board shall:
1. Select areas of scenic beauty, natural features and historical properties now owned by the this state, except properties in the care and custody of other agencies by virtue of agreement with the this state or as established by law, for management, operation and further development as state parks and historical monuments.
2. Manage, develop and operate state parks, monuments or trails established or acquired pursuant to law, or previously granted to the state for park or recreation purposes, except those falling under the jurisdiction of other state agencies as established by law.
3. Investigate lands owned by the this state to determine, in cooperation with the agency that manages the land, which tracts should be set aside and dedicated for use as state parks, monuments or trails.
4. Investigate federally owned lands to determine their desirability for use as state parks, monuments or trails and negotiate with the federal agency having jurisdiction over such lands for the transfer of title to the Arizona state parks board.
5. Investigate privately owned lands to determine their desirability as state parks, monuments or trails and negotiate with private owners for the transfer of title to the Arizona state parks board.
6. Enter into agreements with the United States, other states or local governmental units, private societies or persons for the development and protection of state parks, monuments and trails.
7. Plan, coordinate and administer a state historic preservation program, including the program established pursuant to the national historic preservation act of 1966, as amended.
8. Advise, assist and cooperate with federal and state agencies, political subdivisions of this state and other persons in identifying and preserving properties of historic or prehistoric significance.
9. Keep and administer an Arizona register of historic places composed of districts, sites, buildings, structures and objects significant in this state's history, architecture, archaeology, engineering and culture that meet criteria that the board establishes or that are listed on the national register of historic places. Entry on the register requires nomination by the state historic preservation officer and owner notification in accordance with rules that the board adopts.
10. Accept, on behalf of the state historic preservation officer, applications for classification as historic property received from the county assessor.
11. Adopt rules with regard to classification of historic property including:
(a) Minimum maintenance standards for the property.
(b) Requirements for documentation.
12. Monitor the performance of state agencies in the management of managing historic properties as provided in chapter 4.2 of this title.
13. Advise the governor on historic preservation matters.
14. Plan and administer a statewide parks and recreation program, including the programs established pursuant to the land and water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897).
15. Prepare, maintain and update a comprehensive plan for the development of to develop the outdoor recreation resources of this state.
16. Initiate and carry out studies to determine the recreational needs of this state and the counties, cities and towns.
17. Coordinate recreational plans and developments of federal, state, county, city, town and private agencies.
18. Receive applications for projects to be funded through the land and water conservation fund and the state lake improvement fund on behalf of the Arizona outdoor recreation coordinating commission.
19. Provide staff support to the Arizona outdoor recreation coordinating commission.
20. Maintain a statewide off-highway vehicle recreational plan. The plan shall be updated at least once every five years and shall be used by all participating agencies to guide distribution and expenditure of monies under section 28-1176. The plan shall be open to public input and shall include the priority recommendations for allocating available monies in the off-highway vehicle recreation fund established by section 28-1176.
21. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B.
22. Ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each state park and historical monument in this state. Feminine hygiene products provided pursuant to this paragraph must be provided in a convenient and discreet manner. FOr the purposes of this paragraph, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
B. Notwithstanding section 41-511.21, the board may annually collect and expend spend monies to plan and administer the land and water conservation fund program, in conjunction with other administrative tasks and recreation plans, as a surcharge to subgrantees in a proportionate amount, not to exceed ten percent, of the cost of each project. The surcharge monies shall be set aside to fund staff support for the land and water conservation fund program.
C. A The partnership fund is established consisting of monies received pursuant to subsection B of this section, monies received from intergovernmental agreements pursuant to title 11, chapter 7, article 3 and monies received pursuant to section 35-148. The board shall administer the fund monies as a continuing appropriation for the purposes provided in these sections.
D. The state historic preservation officer shall:
1. In cooperation with federal and state agencies, political subdivisions of this state and other persons, direct and conduct a comprehensive statewide survey of historic properties and historic private burial sites and historic private cemeteries and maintain inventories of historic properties and historic private burial sites and historic private cemeteries.
2. Identify and nominate eligible properties to the national register of historic places and the Arizona register of historic places and otherwise administer applications for listing historic properties on the national and state registers.
3. Administer grants-in-aid for historic preservation projects within this state.
4. Advise, assist and monitor, as appropriate, federal and state agencies and political subdivisions of this state in carrying out their historic preservation responsibilities and cooperate with federal and state agencies, political subdivisions of this state and other persons to ensure that historic properties and historic private burial sites and historic private cemeteries are taken into consideration at all levels of planning and development.
5. Develop and make available information concerning professional methods and techniques for the preservation of historic properties and historic private burial sites and historic private cemeteries.
6. Make recommendations on the certification, classification and eligibility of historic properties and historic private burial sites and historic private cemeteries for property tax and investment tax incentives.
E. The state historic preservation officer may:
1. Collect and receive information for historic private burial sites and historic private cemeteries from public and private sources and maintain a record of the existence and location of such burial sites and cemeteries located on private or public lands in this state.
2. Assist and advise the owners of the properties on which the historic private burial sites and historic private cemeteries are located regarding the availability of tax exemptions applicable for such property.
3. Make the records available to assist in locating the families of persons buried in the historic private burial sites and historic private cemeteries.
F. For the purposes of this section, "historic private burial sites and historic private cemeteries" means places where burials or interments of human remains first occurred more than fifty years ago, that are not available for burials or interments by the public and that are not regulated under title 32, chapter 20, article 6.
Sec. 9. Section 46-241.01, Arizona Revised Statutes, is amended to read:
46-241.01. Short-term crisis services; required provision of feminine hygiene products
A. The department, through its agent, shall administer short-term crisis services. Short-term crisis services include:
1. Emergency shelter to eligible persons.
2. Rent or mortgage assistance to prevent homelessness.
3. Utility assistance for eligible persons with a current or anticipated interruption of heating or cooling services, or both, if the person's health and safety will be put in danger.
4. Utility repair and replacement.
5. Special needs as determined by the department to secure or maintain employment.
B. The department shall ensure that feminine hygiene products are provided at no cost to any individual who receives emergency shelter services pursuant to subsection A, paragraph 1 of this section. Feminine hygiene products provided pursuant to this subsection must be provided in a convenient and discreet manner. For the purposes of this subsection, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
Sec. 10. Section 48-3902, Arizona Revised Statutes, is amended to read:
48-3902. Powers and duties; contracts between counties for use of library
A. A county free library district organized under this article and title 11, chapter 7, article 1 is a political taxing subdivision of this state and has all the powers, privileges and immunities granted generally to municipal corporations by the constitution and laws of this state, including immunity of its property from taxation. The board of directors of a county free library district may offer the following:
1. Making information, technology and resources available to every library patron.
2. Providing a place for studying, researching, reading and learning.
3. Providing educational and informational programs for all age groups.
4. Providing literacy promotion programs for all age groups, with special emphasis on early literacy, school readiness, adult literacy, digital literacy and workforce development.
B. The board of supervisors of a county in which a county free library district has been established under this article shall ensure that feminine hygiene products are provided at no cost in all women's and gender-neutral restrooms that are open to members of the public at each branch library location. Feminine hygiene products provided pursuant to this subsection must be provided in a convenient and discreet manner. For the purposes of this subsection, "feminine hygiene products" includes tampons, sanitary napkins and underwear liners.
B. C. The board of supervisors of a county in which a county free library district has been established under this article may enter into contracts with the board of supervisors of any other county to secure to the residents of the other county such privileges of the county free library as may by the contract be agreed on, and on consideration as may be expressed in the contract that shall be paid into the county free library district fund. Thereafter the inhabitants of the other county shall have the privileges of the county free library agreed on by the contract.
C. D. The board of supervisors of the county may enter into a contract with the board of supervisors of another county in which a county free library district has been established under this article, as provided in this section, and may levy a library tax, as provided in this article, for the purpose of carrying out the contract, but the making of the contract shall not bar the board of supervisors of the county during the continuance of the contract from establishing a county free library district under this article if one is not already established. On the establishment of such a county free library district the contract may be terminated on the terms agreed on by the parties to the contract, or it may continue for the term of the contract.
