Bill Text: NY A00063 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires that all female-designated and gender-neutral bathrooms in the state of New York provide menstrual products at no cost.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A00063 Detail]
Download: New_York-2023-A00063-Introduced.html
Bill Title: Requires that all female-designated and gender-neutral bathrooms in the state of New York provide menstrual products at no cost.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A00063 Detail]
Download: New_York-2023-A00063-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 63 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, CRUZ, ZINERMAN, REYES -- read once and referred to the Committee on Governmental Operations AN ACT to amend the labor law, the general municipal law, the public buildings law, the parks, recreation and historic preservation law, the multiple dwelling law, the public health law, the railroad law, the multiple residence law, the education law, the correction law, the public authorities law and the general business law, in relation to enacting the "total access to menstrual products (TAMP) act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "total access to menstrual products (TAMP) act". 3 § 2. Section 212-d of the labor law is amended by adding a new subdi- 4 vision 3-a to read as follows: 5 3-a. Toilets designated for women shall contain feminine hygiene 6 products, including, but not limited to, sanitary napkins, tampons and 7 panty liners, to be provided at no cost to such women. 8 § 3. Subdivision 1 of section 293 of the labor law is amended to read 9 as follows: 10 1. There shall be provided and maintained for employees in every 11 factory suitable and convenient washrooms separate for each sex, 12 adequately equipped with washing facilities. Every washroom shall be 13 adequately ventilated and heated and shall be lighted by artificial 14 means where necessary. All female-designated washrooms shall provide 15 feminine hygiene products at no cost, including, but not limited to, 16 sanitary napkins, tampons and panty liners. 17 § 4. Section 295 of the labor law is amended by adding a new subdivi- 18 sion 2-a to read as follows: 19 2-a. All watercloset compartment or toilet rooms for females shall 20 contain feminine hygiene products, including, but not limited to, sani- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00027-01-3A. 63 2 1 tary napkins, tampons and panty liners, which shall be provided at no 2 cost to employees using such waterclosets and toilet rooms. 3 § 5. Section 381 of the labor law is amended by adding a new subdivi- 4 sion 2-a to read as follows: 5 2-a. All watercloset compartment or toilet rooms for females shall 6 contain feminine hygiene products, including, but not limited to, sani- 7 tary napkins, tampons and panty liners, which shall be provided at no 8 cost to employees using such waterclosets and toilet rooms. 9 § 6. Section 404 of the labor law is amended to read as follows: 10 § 404. Washrooms. Every mine, tunnel or quarry with more than twenty- 11 five employees shall maintain a washroom properly heated and equipped 12 and accessible to its employees. All female-designated washrooms shall 13 provide feminine hygiene products at no cost, including, but not limited 14 to, sanitary napkins, tampons and panty liners. 15 § 7. The general municipal law is amended by adding a new section 77-j 16 to read as follows: 17 § 77-j. Feminine hygiene products. Each county, city, town or village 18 shall provide feminine hygiene products at no cost, including, but not 19 limited to, sanitary napkins, tampons and panty liners, in all female- 20 designated washrooms and toilet facilities located on property owned or 21 leased by such county, city, town or village. 22 § 8. The public buildings law is amended by adding a new section 147 23 to read as follows: 24 § 147. Feminine hygiene products in public buildings. The commissioner 25 of general services shall require that all female-designated washrooms 26 and toilet facilities located in all state owned or leased buildings, 27 except for academic buildings, dormitories and other facilities of the 28 state university system, provide feminine hygiene products at no cost, 29 including, but not limited to, sanitary napkins, tampons and panty 30 liners. 31 § 9. The parks, recreation and historic preservation law is amended by 32 adding a new section 13.32 to read as follows: 33 § 13.32 Feminine hygiene products. The commissioner shall require that 34 all female-designated washrooms and toilet facilities under custody and 35 control of the office, or other state agency as defined in subdivision 36 two of section 13.03 of this article, provide feminine hygiene products 37 at no cost, including, but not limited to, sanitary napkins, tampons and 38 panty liners. 39 § 10. Subdivision 1 of section 76 of the multiple dwelling law is 40 amended by adding a new paragraph o to read as follows: 41 o. Every general or public female-designated watercloset compartment, 42 bathroom, or toilet room, shall contain feminine hygiene products, 43 including, but not limited to, sanitary napkins, tampons and panty 44 liners, which shall be provided at no cost to individuals using such 45 general or public facilities. 46 § 11. Section 225 of the public health law is amended by adding a new 47 subdivision 13 to read as follows: 48 13. The sanitary code shall require that feminine hygiene products, 49 including, but not limited to, sanitary napkins, tampons and panty 50 liners, shall be provided at no cost to persons using female-designated 51 toilet and lavatory facilities located within all hospitals, nursing 52 homes, and residential health care facilities as defined in section 53 twenty-eight hundred one of this chapter. 54 § 12. Subdivision 1 of section 1347 of the public health law is 55 amended to read as follows:A. 63 3 1 1. All departments and boards of health and the commissioner or 2 commissioners thereof shall have the power to enforce the provisions of 3 sections thirteen hundred forty-five to thirteen hundred [forty-seven] 4 forty-eight, inclusive, of this [chapter] title. 5 § 13. Section 1348 of the public health law is renumbered section 1349 6 and a new section 1348 is added to read as follows: 7 § 1348. Hotel sanitation; feminine hygiene products. Feminine hygiene 8 products, including, but not limited to, sanitary napkins, tampons and 9 panty liners, shall be provided at no cost to guests or employees of 10 such hotel or motel upon request, and shall also be furnished in the 11 public lavatories and washrooms of such hotel or motel. 12 § 14. The public health law is amended by adding a new section 1352-f 13 to read as follows: 14 § 1352-f. Feminine hygiene products. Feminine hygiene products, 15 including, but not limited to, sanitary napkins, tampons and panty 16 liners, shall be provided at no cost to patrons in all female-designated 17 public toilet facilities. 18 § 15. Section 77-c of the railroad law is amended by adding a new 19 subdivision 1-a to read as follows: 20 1-a. Toilet facilities located on all locomotives required pursuant to 21 subdivision one of this section shall contain feminine hygiene products, 22 including, but not limited to, sanitary napkins, tampons and panty 23 liners, which shall be provided at no cost to persons using such facili- 24 ty. 25 § 16. The second undesignated paragraph of section 78 of the railroad 26 law, as amended by chapter 484 of the laws of 1963, is amended to read 27 as follows: 28 From and after the first day of July, nineteen hundred and twenty-four 29 it shall be unlawful for any corporation or individual to man, equip, or 30 to use within the state on any railroad a caboose car, or car to serve 31 the purpose of a caboose car, which shall be less than twenty-four feet 32 in length exclusive of the platform, or which shall have a center 33 constructive strength less than that of the fifty-ton freight cars built 34 according to master car builders' standards. Such caboose or other 35 equivalent car shall be constructed with steel center sills with two 36 four-wheeled trucks; with each platform not less than twenty-four inches 37 wide, with proper guard rails, grab irons and steps, which shall be 38 equipped with a suitable rod, board or other guard designed to prevent 39 slipping from the car step. Each such car shall have a door at each end 40 and shall be equipped with four separate sleeping berths not less than 41 six feet and two inches in length. Each such car shall contain a proper- 42 ly furnished toilet room, sink, icebox, water cooler, clothing lockers, 43 fire extinguishers, and with either a cupola of sufficient size to 44 accommodate at least two men or women or bay windows. Each such toilet 45 room shall contain feminine hygiene products, including, but not limited 46 to, sanitary napkins, tampons and panty liners, which shall be provided 47 at no cost to persons using such toilet room. Each such car on every 48 freight train shall be equipped with electric markers of sufficient 49 candle power to be visible for a distance of three thousand feet under 50 normal weather conditions. Flashing type or constant burning markers 51 shall be deemed a sufficient compliance with the foregoing requirement. 52 The glass in all windows and doors of each such car shall be shatter- 53 proof. Whenever any caboose or other car used for like purpose now in 54 use by any such railroad company shall, after this act goes into effect, 55 be brought into any shop for general repairs it shall be unlawful to 56 again put the same into use within this state, as a caboose or other carA. 63 4 1 used for like purpose unless it be equipped as provided in this act. All 2 cabooses built after January first, nineteen hundred sixty-five must be 3 of steel construction and equipped with electric lights. 4 § 17. Section 171 of the multiple residence law is amended by adding a 5 new subdivision 3-a to read as follows: 6 3-a. Every watercloset that is supplementary to the watercloset accom- 7 modations required for the exclusive use of tenants of the dwelling, 8 shall contain feminine hygiene products, including, but not limited to, 9 sanitary napkins, tampons and panty liners, which shall be provided at 10 no cost to persons using such waterclosets. 11 § 18. The education law is amended by adding a new section 213-a to 12 read as follows: 13 § 213-a. Feminine hygiene products. The commissioner shall require 14 that all female-designated toilet rooms located on property owned or 15 leased by the university provide feminine hygiene products at no cost, 16 including, but not limited to, sanitary napkins, tampons and panty 17 liners. 18 § 19. The education law is amended by adding a new section 409-n to 19 read as follows: 20 § 409-n. Feminine hygiene products. The board of education or trustees 21 of every school district, and the principal or other person in charge of 22 every nonpublic elementary or secondary school within the state shall 23 require that all female-designated toilet rooms provide feminine hygiene 24 products at no cost, including, but not limited to, sanitary napkins, 25 tampons and panty liners. 26 § 20. The education law is amended by adding a new section 6235 to 27 read as follows: 28 § 6235. Feminine hygiene products. The board of trustees shall require 29 that all female-designated toilet rooms located on property owned or 30 leased by the city university provide feminine hygiene products at no 31 cost, including, but not limited to, sanitary napkins, tampons and panty 32 liners. 33 § 21. The correction law is amended by adding a new section 627 to 34 read as follows: 35 § 627. Feminine hygiene products. Feminine hygiene products, includ- 36 ing, but not limited to, sanitary napkins, tampons and panty liners, 37 shall be provided at no cost to individuals housed in state and local 38 correctional facilities used for the general confinement of female 39 inmates and in any other state or local facility where women are 40 detained or confined by law enforcement agencies. 41 § 22. Article 9 of the public authorities law is amended by adding a 42 new title 13 to read as follows: 43 TITLE 13 44 FEMININE HYGIENE PRODUCTS 45 Section 2988. Feminine hygiene products in toilet facilities. 46 § 2988. Feminine hygiene products in toilet facilities. All public 47 authorities as designated by this chapter shall require that all 48 female-designated toilet facilities located on property owned or leased 49 by such public authority provide feminine hygiene products at no cost, 50 including, but not limited to, sanitary napkins, tampons and panty 51 liners. 52 § 23. The general business law is amended by adding a new section 53 399-aaaaa to read as follows: 54 § 399-aaaaa. Feminine hygiene products in toilet facilities. All 55 owners, lessees or other occupants of any real property or any otherA. 63 5 1 persons, copartnerships, corporations, or entities engaged in business 2 activities in the state shall require that all female-designated toilet 3 facilities located on such real property provide feminine hygiene 4 products at no cost, including, but not limited to, sanitary napkins, 5 tampons and panty liners. 6 § 24. This act shall take effect on the one hundred eightieth day 7 after it shall have become a law. Effective immediately, the addition, 8 amendment and/or repeal of any rule or regulation necessary for the 9 implementation of this act on its effective date are authorized to be 10 made and completed on or before such effective date.
