S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10270
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "total access to menstrual products (TAMP) act".
   §  2. Section 212-d of the labor law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A. TOILETS DESIGNATED  FOR  WOMEN  SHALL  CONTAIN  FEMININE  HYGIENE
 PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND
 PANTY LINERS, TO BE PROVIDED AT NO COST TO SUCH WOMEN.
   § 3. Subdivision 1 of section 293 of the labor law is amended to  read
 as follows:
   1.  There  shall  be  provided  and  maintained for employees in every
 factory  suitable  and  convenient  washrooms  separate  for  each  sex,
 adequately  equipped  with  washing  facilities. Every washroom shall be
 adequately ventilated and heated and  shall  be  lighted  by  artificial
 means  where  necessary.   ALL FEMALE-DESIGNATED WASHROOMS SHALL PROVIDE
 FEMININE HYGIENE PRODUCTS AT NO COST, INCLUDING,  BUT  NOT  LIMITED  TO,
 SANITARY NAPKINS, TAMPONS AND PANTY LINERS.
   §  4. Section 295 of the labor law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A. ALL WATERCLOSET COMPARTMENT OR TOILET  ROOMS  FOR  FEMALES  SHALL
 CONTAIN  FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANI-
 TARY NAPKINS, TAMPONS AND PANTY LINERS, WHICH SHALL BE  PROVIDED  AT  NO
 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

 A. 10270                            2
 
   §  5. Section 381 of the labor law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A.  ALL  WATERCLOSET  COMPARTMENT  OR TOILET ROOMS FOR FEMALES SHALL
 CONTAIN FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED TO,  SANI-
 TARY  NAPKINS,  TAMPONS  AND PANTY LINERS, WHICH SHALL BE PROVIDED AT NO
 COST TO EMPLOYEES USING SUCH WATERCLOSETS AND TOILET ROOMS.
   § 6. Section 404 of the labor law is amended to read as follows:
   § 404. Washrooms. Every mine, tunnel or quarry with more than  twenty-
 five  employees  shall  maintain a washroom properly heated and equipped
 and accessible to its employees. ALL FEMALE-DESIGNATED  WASHROOMS  SHALL
 PROVIDE FEMININE HYGIENE PRODUCTS AT NO COST, INCLUDING, BUT NOT LIMITED
 TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS.
   § 7. The general municipal law is amended by adding a new section 77-h
 to read as follows:
   §  77-H. FEMININE HYGIENE PRODUCTS. EACH COUNTY, CITY, TOWN OR VILLAGE
 SHALL PROVIDE FEMININE HYGIENE PRODUCTS AT NO COST, INCLUDING,  BUT  NOT
 LIMITED  TO,  SANITARY NAPKINS, TAMPONS AND PANTY LINERS, IN ALL FEMALE-
 DESIGNATED WASHROOMS AND TOILET FACILITIES LOCATED ON PROPERTY OWNED  OR
 LEASED BY SUCH COUNTY, CITY, TOWN OR VILLAGE.
   §  8.  The public buildings law is amended by adding a new section 144
 to read as follows:
   § 144. FEMININE HYGIENE PRODUCTS IN PUBLIC BUILDINGS. THE COMMISSIONER
 OF GENERAL SERVICES SHALL REQUIRE THAT ALL  FEMALE-DESIGNATED  WASHROOMS
 AND  TOILET  FACILITIES  LOCATED IN ALL STATE OWNED OR LEASED BUILDINGS,
 EXCEPT FOR ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES  OF  THE
 STATE  UNIVERSITY  SYSTEM, PROVIDE FEMININE HYGIENE PRODUCTS AT NO COST,
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS.
   § 9. The parks, recreation and historic preservation law is amended by
 adding a new section 13.32 to read as follows:
   § 13.32 FEMININE HYGIENE PRODUCTS. THE COMMISSIONER SHALL REQUIRE THAT
 ALL  FEMALE-DESIGNATED WASHROOMS AND TOILET FACILITIES UNDER CUSTODY AND
 CONTROL OF THE OFFICE, OR OTHER STATE AGENCY AS DEFINED  IN  SUBDIVISION
 TWO  OF SECTION 13.03 OF THIS ARTICLE, PROVIDE FEMININE HYGIENE PRODUCTS
 AT NO COST, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND
 PANTY LINERS.
   § 10. Subdivision 1 of section 76 of  the  multiple  dwelling  law  is
 amended by adding a new paragraph o to read as follows:
   O.  EVERY GENERAL OR PUBLIC FEMALE-DESIGNATED WATERCLOSET COMPARTMENT,
 BATHROOM, OR TOILET  ROOM,  SHALL  CONTAIN  FEMININE  HYGIENE  PRODUCTS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS, WHICH SHALL BE PROVIDED AT NO COST  TO  INDIVIDUALS  USING  SUCH
 GENERAL OR PUBLIC FACILITIES.
   §  11. Section 225 of the public health law is amended by adding a new
 subdivision 13 to read as follows:
   13. THE SANITARY CODE SHALL REQUIRE THAT  FEMININE  HYGIENE  PRODUCTS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS, SHALL BE PROVIDED AT NO COST TO PERSONS USING  FEMALE-DESIGNATED
 TOILET  AND  LAVATORY  FACILITIES  LOCATED WITHIN ALL HOSPITALS, NURSING
 HOMES, AND RESIDENTIAL HEALTH CARE  FACILITIES  AS  DEFINED  IN  SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   §  12.  Subdivision  1  of  section  1347  of the public health law is
 amended to read as follows:
   1. All departments and  boards  of  health  and  the  commissioner  or
 commissioners  thereof shall have the power to enforce the provisions of

 A. 10270                            3
 
 sections thirteen hundred forty-five to thirteen  hundred  [forty-seven]
 FORTY-EIGHT, inclusive, of this [chapter] TITLE.
   § 13. Section 1348 of the public health law is renumbered section 1349
 and a new section 1348 is added to read as follows:
   §  1348. HOTEL SANITATION; FEMININE HYGIENE PRODUCTS. FEMININE HYGIENE
 PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND
 PANTY  LINERS,  SHALL  BE  PROVIDED AT NO COST TO GUESTS OR EMPLOYEES OF
 SUCH HOTEL OR MOTEL UPON REQUEST, AND SHALL ALSO  BE  FURNISHED  IN  THE
 PUBLIC LAVATORIES AND WASHROOMS OF SUCH HOTEL OR MOTEL.
   §  14. The public health law is amended by adding a new section 1352-f
 to read as follows:
   §  1352-F.  FEMININE  HYGIENE  PRODUCTS.  FEMININE  HYGIENE  PRODUCTS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS, SHALL BE PROVIDED AT NO COST TO PATRONS IN ALL FEMALE-DESIGNATED
 PUBLIC TOILET FACILITIES.
   § 15. Section 77-c of the railroad law is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A. TOILET FACILITIES LOCATED ON ALL LOCOMOTIVES REQUIRED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION SHALL CONTAIN FEMININE HYGIENE PRODUCTS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS, WHICH SHALL BE PROVIDED AT NO COST TO PERSONS USING SUCH FACILI-
 TY.
   § 16. The second undesignated paragraph of section 78 of the  railroad
 law,  as  amended by chapter 484 of the laws of 1963, is amended to read
 as follows:
   From and after the first day of July, nineteen hundred and twenty-four
 it shall be unlawful for any corporation or individual to man, equip, or
 to use within the state on any railroad a caboose car, or car  to  serve
 the  purpose of a caboose car, which shall be less than twenty-four feet
 in length exclusive of the  platform,  or  which  shall  have  a  center
 constructive strength less than that of the fifty-ton freight cars built
 according  to  master  car  builders'  standards.  Such caboose or other
 equivalent car shall be constructed with steel  center  sills  with  two
 four-wheeled trucks; with each platform not less than twenty-four inches
 wide,  with  proper  guard  rails,  grab irons and steps, which shall be
 equipped with a suitable rod, board or other guard designed  to  prevent
 slipping  from the car step. Each such car shall have a door at each end
 and shall be equipped with four separate sleeping berths not  less  than
 six feet and two inches in length. Each such car shall contain a proper-
 ly  furnished toilet room, sink, icebox, water cooler, clothing lockers,
 fire extinguishers, and with either  a  cupola  of  sufficient  size  to
 accommodate  at least two men OR WOMEN or bay windows.  EACH SUCH TOILET
 ROOM SHALL CONTAIN FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED
 TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS, WHICH SHALL BE  PROVIDED
 AT  NO  COST  TO  PERSONS USING SUCH TOILET ROOM. Each such car on every
 freight train shall be equipped  with  electric  markers  of  sufficient
 candle  power  to be visible for a distance of three thousand feet under
 normal weather conditions. Flashing type  or  constant  burning  markers
 shall  be deemed a sufficient compliance with the foregoing requirement.
 The glass in all windows and doors of each such car  shall  be  shatter-
 proof.  Whenever  any  caboose or other car used for like purpose now in
 use by any such railroad company shall, after this act goes into effect,
 be brought into any shop for general repairs it  shall  be  unlawful  to
 again put the same into use within this state, as a caboose or other car
 used for like purpose unless it be equipped as provided in this act. All

 A. 10270                            4
 
 cabooses  built after January first, nineteen hundred sixty-five must be
 of steel construction and equipped with electric lights.
   § 17. Section 171 of the multiple residence law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. EVERY WATERCLOSET THAT IS SUPPLEMENTARY TO THE WATERCLOSET ACCOM-
 MODATIONS  REQUIRED  FOR  THE  EXCLUSIVE USE OF TENANTS OF THE DWELLING,
 SHALL CONTAIN FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED  TO,
 SANITARY  NAPKINS,  TAMPONS AND PANTY LINERS, WHICH SHALL BE PROVIDED AT
 NO COST TO PERSONS USING SUCH WATERCLOSETS.
   § 18. The education law is amended by adding a new  section  213-a  to
 read as follows:
   §  213-A.  FEMININE  HYGIENE  PRODUCTS. THE COMMISSIONER SHALL REQUIRE
 THAT ALL FEMALE-DESIGNATED TOILET ROOMS LOCATED  ON  PROPERTY  OWNED  OR
 LEASED  BY  THE UNIVERSITY PROVIDE FEMININE HYGIENE PRODUCTS AT NO COST,
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS.
   §  19.  The  education law is amended by adding a new section 409-m to
 read as follows:
   § 409-M. FEMININE HYGIENE PRODUCTS. THE BOARD OF EDUCATION OR TRUSTEES
 OF EVERY SCHOOL DISTRICT, AND THE PRINCIPAL OR OTHER PERSON IN CHARGE OF
 EVERY NONPUBLIC ELEMENTARY OR SECONDARY SCHOOL WITHIN  THE  STATE  SHALL
 REQUIRE THAT ALL FEMALE-DESIGNATED TOILET ROOMS PROVIDE FEMININE HYGIENE
 PRODUCTS  AT  NO  COST, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,
 TAMPONS AND PANTY LINERS.
   § 20. The education law is amended by adding a  new  section  6235  to
 read as follows:
   § 6235. FEMININE HYGIENE PRODUCTS. THE BOARD OF TRUSTEES SHALL REQUIRE
 THAT  ALL  FEMALE-DESIGNATED  TOILET  ROOMS LOCATED ON PROPERTY OWNED OR
 LEASED BY THE CITY UNIVERSITY PROVIDE FEMININE HYGIENE  PRODUCTS  AT  NO
 COST, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND PANTY
 LINERS.
   §  21.  The  correction  law is amended by adding a new section 625 to
 read as follows:
   § 625. FEMININE HYGIENE PRODUCTS. FEMININE HYGIENE  PRODUCTS,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS,
 SHALL BE PROVIDED AT NO COST TO INDIVIDUALS HOUSED IN  STATE  AND  LOCAL
 CORRECTIONAL  FACILITIES  USED  FOR  THE  GENERAL  CONFINEMENT OF FEMALE
 INMATES AND IN ANY  OTHER  STATE  OR  LOCAL  FACILITY  WHERE  WOMEN  ARE
 DETAINED OR CONFINED BY LAW ENFORCEMENT AGENCIES.
   § 22. The social services law is amended by adding a new section 152-c
 to read as follows:
   §  152-C.  FEMININE  HYGIENE  PRODUCTS.  EXCEPT  IN  A SOCIAL SERVICES
 DISTRICT WITH A POPULATION OF FIVE MILLION  OR  MORE,  ANY  PROVIDER  OF
 TEMPORARY HOUSING ASSISTANCE, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO,
 A FAMILY SHELTER, A SHELTER FOR ADULTS, A HOTEL, AN EMERGENCY APARTMENT,
 A  DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, OR A
 SAFE HOUSE FOR REFUGEES, SHALL BE REQUIRED TO PROVIDE  FEMININE  HYGIENE
 PRODUCTS,  INCLUDING,  BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND
 PANTY LINERS, AT NO COST.
   § 23. Article 9 of the public authorities law is amended by  adding  a
 new title 13 to read as follows:
 
                                 TITLE 13
                         FEMININE HYGIENE PRODUCTS

 SECTION 2988. FEMININE HYGIENE PRODUCTS IN TOILET FACILITIES.

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   §  2988.  FEMININE  HYGIENE PRODUCTS IN TOILET FACILITIES.  ALL PUBLIC
 AUTHORITIES AS  DESIGNATED  BY  THIS  CHAPTER  SHALL  REQUIRE  THAT  ALL
 FEMALE-DESIGNATED  TOILET FACILITIES LOCATED ON PROPERTY OWNED OR LEASED
 BY SUCH PUBLIC AUTHORITY PROVIDE FEMININE HYGIENE PRODUCTS AT  NO  COST,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS.
   § 24. The general business law is amended  by  adding  a  new  section
 399-aaaa to read as follows:
   §  399-AAAA.  FEMININE  HYGIENE  PRODUCTS  IN  TOILET  FACILITIES. ALL
 OWNERS, LESSEES OR OTHER OCCUPANTS OF ANY REAL  PROPERTY  OR  ANY  OTHER
 PERSONS,  COPARTNERSHIPS,  CORPORATIONS, OR ENTITIES ENGAGED IN BUSINESS
 ACTIVITIES IN THE STATE SHALL REQUIRE THAT ALL FEMALE-DESIGNATED  TOILET
 FACILITIES  LOCATED  ON  SUCH  REAL  PROPERTY  PROVIDE  FEMININE HYGIENE
 PRODUCTS AT NO COST, INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,
 TAMPONS AND PANTY LINERS.
   §  25.    This  act shall take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.