NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A347
SPONSOR: Rosenthal
 
TITLE OF BILL:
An act to amend the public health law, in relation to feminine hygiene
product access in schools
 
PURPOSE:
This bill establishes a pilot program through which tampons and similar
feminine hygiene products will be made available at no charge to all
middle and high school students in school districts within fifteen
selected low-income municipalities across the state.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section 2507.
Section two sets forth the effective date.
 
JUSTIFICATION:
Access to tampons, sanitary napkins, and similar feminine hygiene
products is necessary to ensure that menstruating students can attend
classes and participate in extracurricular activities without inter-
ruption. No student should face any barrier, financial or otherwise, to
accessing basic feminine hygiene products. Condoms are often available
free of charge at high schools and middle schools, feminine care
products are no less important to student wellbeing.
This legislation creates a pilot program through which tampons and simi-
lar feminine hygiene products will be made available free of charge to
middle and high school students within selected school districts with
the highest child poverty rates.
Upon conclusion of the pilot program, a report will be provided to the
Legislature outlining the costs associated with the program, the total
number of feminine products distributed, and other information that will
be used to assess the program with the goal of expanding the program to
include all schools across New York State.
 
LEGISLATIVE HISTORY:
2015-16: A.10239 - Reported to Ways and Means
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
347
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to feminine hygiene
product access in schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2508 to read as follows:
3 § 2508. Feminine hygiene product access in schools. 1. The commission-
4 er shall establish a demonstration program to provide free feminine
5 hygiene products in fifteen low income areas throughout the state in
6 accordance with this section. The commissioner may utilize public-pri-
7 vate partnerships to provide such feminine hygiene products or funding
8 therefor.
9 2. The commissioner shall identify fifteen municipalities, outside of
10 a city with a population of one million or more, that have the highest
11 child poverty rates in the state. The commissioner shall use the most
12 up-to-date census data available in selecting such municipalities.
13 3. The commissioner, in consultation with the commissioner of educa-
14 tion, shall work with school districts in the municipalities identified
15 in accordance with subdivision two of this section to provide free femi-
16 nine hygiene products to be accessible to all middle and high school
17 students in each district. Such amount may be adjusted from time to time
18 based on utilization. The commissioner, the commissioner of education
19 and the school districts shall work to ensure that such products shall
20 be available in a convenient manner that does not stigmatize any student
21 seeking such products.
22 4. The commissioner, in consultation with the commissioner of educa-
23 tion, shall report to the speaker of the assembly and the temporary
24 president of the senate within fifteen months of the implementation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01787-02-7
A. 347 2
1 such demonstration program, and annually thereafter, the following
2 information:
3 (a) the total cost to the state of the program;
4 (b) the total private contribution, if any, including a breakdown of
5 monetary and product donation;
6 (c) the total number of feminine hygiene products provided to school
7 districts, and an assessment of whether or not such amount was adequate
8 to serve the female students in such districts; and
9 (d) any other information the commissioner deems necessary.
10 § 2. This act shall take effect immediately.