Bill Text: NY A00137 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires that all female-designated bathrooms in the state of New York provide feminine hygiene products at no cost.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A00137 Detail]
Download: New_York-2021-A00137-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 137 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. L. ROSENTHAL, CRUZ, FERNANDEZ, DE LA ROSA, GRIF- FIN, REYES, PICHARDO, QUART, GOTTFRIED -- 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 social services law, the public authorities law and the general busi- ness 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00339-01-1A. 137 2 1 2-a. All watercloset compartment or toilet rooms for females shall 2 contain feminine hygiene products, including, but not limited to, sani- 3 tary napkins, tampons and panty liners, which shall be provided at no 4 cost to employees using such waterclosets and toilet rooms. 5 § 5. Section 381 of the labor law is amended by adding a new subdivi- 6 sion 2-a to read as follows: 7 2-a. All watercloset compartment or toilet rooms for females shall 8 contain feminine hygiene products, including, but not limited to, sani- 9 tary napkins, tampons and panty liners, which shall be provided at no 10 cost to employees using such waterclosets and toilet rooms. 11 § 6. Section 404 of the labor law is amended to read as follows: 12 § 404. Washrooms. Every mine, tunnel or quarry with more than twenty- 13 five employees shall maintain a washroom properly heated and equipped 14 and accessible to its employees. All female-designated washrooms shall 15 provide feminine hygiene products at no cost, including, but not limited 16 to, sanitary napkins, tampons and panty liners. 17 § 7. The general municipal law is amended by adding a new section 77-j 18 to read as follows: 19 § 77-j. Feminine hygiene products. Each county, city, town or village 20 shall provide feminine hygiene products at no cost, including, but not 21 limited to, sanitary napkins, tampons and panty liners, in all female- 22 designated washrooms and toilet facilities located on property owned or 23 leased by such county, city, town or village. 24 § 8. The public buildings law is amended by adding a new section 146 25 to read as follows: 26 § 146. Feminine hygiene products in public buildings. The commissioner 27 of general services shall require that all female-designated washrooms 28 and toilet facilities located in all state owned or leased buildings, 29 except for academic buildings, dormitories and other facilities of the 30 state university system, provide feminine hygiene products at no cost, 31 including, but not limited to, sanitary napkins, tampons and panty 32 liners. 33 § 9. The parks, recreation and historic preservation law is amended by 34 adding a new section 13.32 to read as follows: 35 § 13.32 Feminine hygiene products. The commissioner shall require that 36 all female-designated washrooms and toilet facilities under custody and 37 control of the office, or other state agency as defined in subdivision 38 two of section 13.03 of this article, provide feminine hygiene products 39 at no cost, including, but not limited to, sanitary napkins, tampons and 40 panty liners. 41 § 10. Subdivision 1 of section 76 of the multiple dwelling law is 42 amended by adding a new paragraph o to read as follows: 43 o. Every general or public female-designated watercloset compartment, 44 bathroom, or toilet room, shall contain feminine hygiene products, 45 including, but not limited to, sanitary napkins, tampons and panty 46 liners, which shall be provided at no cost to individuals using such 47 general or public facilities. 48 § 11. Section 225 of the public health law is amended by adding a new 49 subdivision 13 to read as follows: 50 13. The sanitary code shall require that feminine hygiene products, 51 including, but not limited to, sanitary napkins, tampons and panty 52 liners, shall be provided at no cost to persons using female-designated 53 toilet and lavatory facilities located within all hospitals, nursing 54 homes, and residential health care facilities as defined in section 55 twenty-eight hundred one of this chapter.A. 137 3 1 § 12. Subdivision 1 of section 1347 of the public health law is 2 amended to read as follows: 3 1. All departments and boards of health and the commissioner or 4 commissioners thereof shall have the power to enforce the provisions of 5 sections thirteen hundred forty-five to thirteen hundred [forty-seven] 6 forty-eight, inclusive, of this [chapter] title. 7 § 13. Section 1348 of the public health law is renumbered section 1349 8 and a new section 1348 is added to read as follows: 9 § 1348. Hotel sanitation; feminine hygiene products. Feminine hygiene 10 products, including, but not limited to, sanitary napkins, tampons and 11 panty liners, shall be provided at no cost to guests or employees of 12 such hotel or motel upon request, and shall also be furnished in the 13 public lavatories and washrooms of such hotel or motel. 14 § 14. The public health law is amended by adding a new section 1352-f 15 to read as follows: 16 § 1352-f. Feminine hygiene products. Feminine hygiene products, 17 including, but not limited to, sanitary napkins, tampons and panty 18 liners, shall be provided at no cost to patrons in all female-designated 19 public toilet facilities. 20 § 15. Section 77-c of the railroad law is amended by adding a new 21 subdivision 1-a to read as follows: 22 1-a. Toilet facilities located on all locomotives required pursuant to 23 subdivision one of this section shall contain feminine hygiene products, 24 including, but not limited to, sanitary napkins, tampons and panty 25 liners, which shall be provided at no cost to persons using such facili- 26 ty. 27 § 16. The second undesignated paragraph of section 78 of the railroad 28 law, as amended by chapter 484 of the laws of 1963, is amended to read 29 as follows: 30 From and after the first day of July, nineteen hundred and twenty-four 31 it shall be unlawful for any corporation or individual to man, equip, or 32 to use within the state on any railroad a caboose car, or car to serve 33 the purpose of a caboose car, which shall be less than twenty-four feet 34 in length exclusive of the platform, or which shall have a center 35 constructive strength less than that of the fifty-ton freight cars built 36 according to master car builders' standards. Such caboose or other 37 equivalent car shall be constructed with steel center sills with two 38 four-wheeled trucks; with each platform not less than twenty-four inches 39 wide, with proper guard rails, grab irons and steps, which shall be 40 equipped with a suitable rod, board or other guard designed to prevent 41 slipping from the car step. Each such car shall have a door at each end 42 and shall be equipped with four separate sleeping berths not less than 43 six feet and two inches in length. Each such car shall contain a proper- 44 ly furnished toilet room, sink, icebox, water cooler, clothing lockers, 45 fire extinguishers, and with either a cupola of sufficient size to 46 accommodate at least two men or women or bay windows. Each such toilet 47 room shall contain feminine hygiene products, including, but not limited 48 to, sanitary napkins, tampons and panty liners, which shall be provided 49 at no cost to persons using such toilet room. Each such car on every 50 freight train shall be equipped with electric markers of sufficient 51 candle power to be visible for a distance of three thousand feet under 52 normal weather conditions. Flashing type or constant burning markers 53 shall be deemed a sufficient compliance with the foregoing requirement. 54 The glass in all windows and doors of each such car shall be shatter- 55 proof. Whenever any caboose or other car used for like purpose now in 56 use by any such railroad company shall, after this act goes into effect,A. 137 4 1 be brought into any shop for general repairs it shall be unlawful to 2 again put the same into use within this state, as a caboose or other car 3 used for like purpose unless it be equipped as provided in this act. All 4 cabooses built after January first, nineteen hundred sixty-five must be 5 of steel construction and equipped with electric lights. 6 § 17. Section 171 of the multiple residence law is amended by adding a 7 new subdivision 3-a to read as follows: 8 3-a. Every watercloset that is supplementary to the watercloset accom- 9 modations required for the exclusive use of tenants of the dwelling, 10 shall contain feminine hygiene products, including, but not limited to, 11 sanitary napkins, tampons and panty liners, which shall be provided at 12 no cost to persons using such waterclosets. 13 § 18. The education law is amended by adding a new section 213-a to 14 read as follows: 15 § 213-a. Feminine hygiene products. The commissioner shall require 16 that all female-designated toilet rooms located on property owned or 17 leased by the university provide feminine hygiene products at no cost, 18 including, but not limited to, sanitary napkins, tampons and panty 19 liners. 20 § 19. The education law is amended by adding a new section 409-m to 21 read as follows: 22 § 409-m. Feminine hygiene products. The board of education or trustees 23 of every school district, and the principal or other person in charge of 24 every nonpublic elementary or secondary school within the state shall 25 require that all female-designated toilet rooms provide feminine hygiene 26 products at no cost, including, but not limited to, sanitary napkins, 27 tampons and panty liners. 28 § 20. The education law is amended by adding a new section 6235 to 29 read as follows: 30 § 6235. Feminine hygiene products. The board of trustees shall require 31 that all female-designated toilet rooms located on property owned or 32 leased by the city university provide feminine hygiene products at no 33 cost, including, but not limited to, sanitary napkins, tampons and panty 34 liners. 35 § 21. The correction law is amended by adding a new section 626 to 36 read as follows: 37 § 626. Feminine hygiene products. Feminine hygiene products, includ- 38 ing, but not limited to, sanitary napkins, tampons and panty liners, 39 shall be provided at no cost to individuals housed in state and local 40 correctional facilities used for the general confinement of female 41 inmates and in any other state or local facility where women are 42 detained or confined by law enforcement agencies. 43 § 22. The social services law is amended by adding a new section 152-c 44 to read as follows: 45 § 152-c. Feminine hygiene products. Except in a social services 46 district with a population of five million or more, any provider of 47 temporary housing assistance, which shall include but not be limited to, 48 a family shelter, a shelter for adults, a hotel, an emergency apartment, 49 a domestic violence shelter, a runaway and homeless youth shelter, or a 50 safe house for refugees, shall be required to provide feminine hygiene 51 products, including, but not limited to, sanitary napkins, tampons and 52 panty liners, at no cost. 53 § 23. Article 9 of the public authorities law is amended by adding a 54 new title 13 to read as follows:A. 137 5 1 TITLE 13 2 FEMININE HYGIENE PRODUCTS 3 Section 2988. Feminine hygiene products in toilet facilities. 4 § 2988. Feminine hygiene products in toilet facilities. All public 5 authorities as designated by this chapter shall require that all 6 female-designated toilet facilities located on property owned or leased 7 by such public authority provide feminine hygiene products at no cost, 8 including, but not limited to, sanitary napkins, tampons and panty 9 liners. 10 § 24. The general business law is amended by adding a new section 11 399-aaaaa to read as follows: 12 § 399-aaaaa. Feminine hygiene products in toilet facilities. All 13 owners, lessees or other occupants of any real property or any other 14 persons, copartnerships, corporations, or entities engaged in business 15 activities in the state shall require that all female-designated toilet 16 facilities located on such real property provide feminine hygiene 17 products at no cost, including, but not limited to, sanitary napkins, 18 tampons and panty liners. 19 § 25. This act shall take effect on the one hundred eightieth day 20 after it shall have become a law. Effective immediately, the addition, 21 amendment and/or repeal of any rule or regulation necessary for the 22 implementation of this act on its effective date are authorized to be 23 made and completed on or before such effective date.
