STATE OF NEW YORK
________________________________________________________________________
10270
IN ASSEMBLY
March 27, 2018
___________
Introduced by M. of A. L. ROSENTHAL -- 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:
19 2-a. All watercloset compartment or toilet rooms for females shall
20 contain feminine hygiene products, including, but not limited to, sani-
21 tary napkins, tampons and panty liners, which shall be provided at no
22 cost to employees using such waterclosets and toilet rooms.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15070-02-8
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1 § 5. Section 381 of the labor law is amended by adding a new subdivi-
2 sion 2-a to read as follows:
3 2-a. All watercloset compartment or toilet rooms for females shall
4 contain feminine hygiene products, including, but not limited to, sani-
5 tary napkins, tampons and panty liners, which shall be provided at no
6 cost to employees using such waterclosets and toilet rooms.
7 § 6. Section 404 of the labor law is amended to read as follows:
8 § 404. Washrooms. Every mine, tunnel or quarry with more than twenty-
9 five employees shall maintain a washroom properly heated and equipped
10 and accessible to its employees. All female-designated washrooms shall
11 provide feminine hygiene products at no cost, including, but not limited
12 to, sanitary napkins, tampons and panty liners.
13 § 7. The general municipal law is amended by adding a new section 77-h
14 to read as follows:
15 § 77-h. Feminine hygiene products. Each county, city, town or village
16 shall provide feminine hygiene products at no cost, including, but not
17 limited to, sanitary napkins, tampons and panty liners, in all female-
18 designated washrooms and toilet facilities located on property owned or
19 leased by such county, city, town or village.
20 § 8. The public buildings law is amended by adding a new section 144
21 to read as follows:
22 § 144. Feminine hygiene products in public buildings. The commissioner
23 of general services shall require that all female-designated washrooms
24 and toilet facilities located in all state owned or leased buildings,
25 except for academic buildings, dormitories and other facilities of the
26 state university system, provide feminine hygiene products at no cost,
27 including, but not limited to, sanitary napkins, tampons and panty
28 liners.
29 § 9. The parks, recreation and historic preservation law is amended by
30 adding a new section 13.32 to read as follows:
31 § 13.32 Feminine hygiene products. The commissioner shall require that
32 all female-designated washrooms and toilet facilities under custody and
33 control of the office, or other state agency as defined in subdivision
34 two of section 13.03 of this article, provide feminine hygiene products
35 at no cost, including, but not limited to, sanitary napkins, tampons and
36 panty liners.
37 § 10. Subdivision 1 of section 76 of the multiple dwelling law is
38 amended by adding a new paragraph o to read as follows:
39 o. Every general or public female-designated watercloset compartment,
40 bathroom, or toilet room, shall contain feminine hygiene products,
41 including, but not limited to, sanitary napkins, tampons and panty
42 liners, which shall be provided at no cost to individuals using such
43 general or public facilities.
44 § 11. Section 225 of the public health law is amended by adding a new
45 subdivision 13 to read as follows:
46 13. The sanitary code shall require that feminine hygiene products,
47 including, but not limited to, sanitary napkins, tampons and panty
48 liners, shall be provided at no cost to persons using female-designated
49 toilet and lavatory facilities located within all hospitals, nursing
50 homes, and residential health care facilities as defined in section
51 twenty-eight hundred one of this chapter.
52 § 12. Subdivision 1 of section 1347 of the public health law is
53 amended to read as follows:
54 1. All departments and boards of health and the commissioner or
55 commissioners thereof shall have the power to enforce the provisions of
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1 sections thirteen hundred forty-five to thirteen hundred [forty-seven]
2 forty-eight, inclusive, of this [chapter] title.
3 § 13. Section 1348 of the public health law is renumbered section 1349
4 and a new section 1348 is added to read as follows:
5 § 1348. Hotel sanitation; feminine hygiene products. Feminine hygiene
6 products, including, but not limited to, sanitary napkins, tampons and
7 panty liners, shall be provided at no cost to guests or employees of
8 such hotel or motel upon request, and shall also be furnished in the
9 public lavatories and washrooms of such hotel or motel.
10 § 14. The public health law is amended by adding a new section 1352-f
11 to read as follows:
12 § 1352-f. Feminine hygiene products. Feminine hygiene products,
13 including, but not limited to, sanitary napkins, tampons and panty
14 liners, shall be provided at no cost to patrons in all female-designated
15 public toilet facilities.
16 § 15. Section 77-c of the railroad law is amended by adding a new
17 subdivision 1-a to read as follows:
18 1-a. Toilet facilities located on all locomotives required pursuant to
19 subdivision one of this section shall contain feminine hygiene products,
20 including, but not limited to, sanitary napkins, tampons and panty
21 liners, which shall be provided at no cost to persons using such facili-
22 ty.
23 § 16. The second undesignated paragraph of section 78 of the railroad
24 law, as amended by chapter 484 of the laws of 1963, is amended to read
25 as follows:
26 From and after the first day of July, nineteen hundred and twenty-four
27 it shall be unlawful for any corporation or individual to man, equip, or
28 to use within the state on any railroad a caboose car, or car to serve
29 the purpose of a caboose car, which shall be less than twenty-four feet
30 in length exclusive of the platform, or which shall have a center
31 constructive strength less than that of the fifty-ton freight cars built
32 according to master car builders' standards. Such caboose or other
33 equivalent car shall be constructed with steel center sills with two
34 four-wheeled trucks; with each platform not less than twenty-four inches
35 wide, with proper guard rails, grab irons and steps, which shall be
36 equipped with a suitable rod, board or other guard designed to prevent
37 slipping from the car step. Each such car shall have a door at each end
38 and shall be equipped with four separate sleeping berths not less than
39 six feet and two inches in length. Each such car shall contain a proper-
40 ly furnished toilet room, sink, icebox, water cooler, clothing lockers,
41 fire extinguishers, and with either a cupola of sufficient size to
42 accommodate at least two men or women or bay windows. Each such toilet
43 room shall contain feminine hygiene products, including, but not limited
44 to, sanitary napkins, tampons and panty liners, which shall be provided
45 at no cost to persons using such toilet room. Each such car on every
46 freight train shall be equipped with electric markers of sufficient
47 candle power to be visible for a distance of three thousand feet under
48 normal weather conditions. Flashing type or constant burning markers
49 shall be deemed a sufficient compliance with the foregoing requirement.
50 The glass in all windows and doors of each such car shall be shatter-
51 proof. Whenever any caboose or other car used for like purpose now in
52 use by any such railroad company shall, after this act goes into effect,
53 be brought into any shop for general repairs it shall be unlawful to
54 again put the same into use within this state, as a caboose or other car
55 used for like purpose unless it be equipped as provided in this act. All
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1 cabooses built after January first, nineteen hundred sixty-five must be
2 of steel construction and equipped with electric lights.
3 § 17. Section 171 of the multiple residence law is amended by adding a
4 new subdivision 3-a to read as follows:
5 3-a. Every watercloset that is supplementary to the watercloset accom-
6 modations required for the exclusive use of tenants of the dwelling,
7 shall contain feminine hygiene products, including, but not limited to,
8 sanitary napkins, tampons and panty liners, which shall be provided at
9 no cost to persons using such waterclosets.
10 § 18. The education law is amended by adding a new section 213-a to
11 read as follows:
12 § 213-a. Feminine hygiene products. The commissioner shall require
13 that all female-designated toilet rooms located on property owned or
14 leased by the university provide feminine hygiene products at no cost,
15 including, but not limited to, sanitary napkins, tampons and panty
16 liners.
17 § 19. The education law is amended by adding a new section 409-m to
18 read as follows:
19 § 409-m. Feminine hygiene products. The board of education or trustees
20 of every school district, and the principal or other person in charge of
21 every nonpublic elementary or secondary school within the state shall
22 require that all female-designated toilet rooms provide feminine hygiene
23 products at no cost, including, but not limited to, sanitary napkins,
24 tampons and panty liners.
25 § 20. The education law is amended by adding a new section 6235 to
26 read as follows:
27 § 6235. Feminine hygiene products. The board of trustees shall require
28 that all female-designated toilet rooms located on property owned or
29 leased by the city university provide feminine hygiene products at no
30 cost, including, but not limited to, sanitary napkins, tampons and panty
31 liners.
32 § 21. The correction law is amended by adding a new section 625 to
33 read as follows:
34 § 625. Feminine hygiene products. Feminine hygiene products, includ-
35 ing, but not limited to, sanitary napkins, tampons and panty liners,
36 shall be provided at no cost to individuals housed in state and local
37 correctional facilities used for the general confinement of female
38 inmates and in any other state or local facility where women are
39 detained or confined by law enforcement agencies.
40 § 22. The social services law is amended by adding a new section 152-c
41 to read as follows:
42 § 152-c. Feminine hygiene products. Except in a social services
43 district with a population of five million or more, any provider of
44 temporary housing assistance, which shall include but not be limited to,
45 a family shelter, a shelter for adults, a hotel, an emergency apartment,
46 a domestic violence shelter, a runaway and homeless youth shelter, or a
47 safe house for refugees, shall be required to provide feminine hygiene
48 products, including, but not limited to, sanitary napkins, tampons and
49 panty liners, at no cost.
50 § 23. Article 9 of the public authorities law is amended by adding a
51 new title 13 to read as follows:
52 TITLE 13
53 FEMININE HYGIENE PRODUCTS
54 Section 2988. Feminine hygiene products in toilet facilities.
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1 § 2988. Feminine hygiene products in toilet facilities. All public
2 authorities as designated by this chapter shall require that all
3 female-designated toilet facilities located on property owned or leased
4 by such public authority provide feminine hygiene products at no cost,
5 including, but not limited to, sanitary napkins, tampons and panty
6 liners.
7 § 24. The general business law is amended by adding a new section
8 399-aaaa to read as follows:
9 § 399-aaaa. Feminine hygiene products in toilet facilities. All
10 owners, lessees or other occupants of any real property or any other
11 persons, copartnerships, corporations, or entities engaged in business
12 activities in the state shall require that all female-designated toilet
13 facilities located on such real property provide feminine hygiene
14 products at no cost, including, but not limited to, sanitary napkins,
15 tampons and panty liners.
16 § 25. This act shall take effect on the one hundred eightieth day
17 after it shall have become a law. Effective immediately, the addition,
18 amendment and/or repeal of any rule or regulation necessary for the
19 implementation of this act on its effective date are authorized to be
20 made and completed on or before such effective date.
