Text of MA S 2481 (2023)

SENATE . . . . . . . . . . . . . . No. 2481 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ SENATE, October 19, 2023. The committee on Senate Ways and Means, to whom was referred the Senate Bill to increase access to disposable menstrual products (Senate, No. 1381),- reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2481). For the committee, Michael J. Rodrigues 1 of 3 FILED ON: 10/19/2023 SENATE . . . . . . . . . . . . . . No. 2481 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to increase access to disposable menstrual products. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the 2 following section:- 3 Section 31. (a) As used in this section, the following words shall have the following 4 meanings unless the context clearly requires otherwise: 5 “Disposable menstrual products”, products used by a menstruating individual including, 6 but not limited to, sanitary napkins, tampons and underwear liners. 7 “Menstruating individual”, a person who menstruates. 8 (b) Any provider of temporary housing assistance, including, but not limited to, a family 9 shelter, a shelter for adults, a hotel used for emergency shelter, an emergency apartment, a 10 domestic violence shelter, a runaway and homeless youth shelter or a safe house for refugees, 11 shall provide disposable menstrual products at no cost to a menstruating individual. The 2 of 3 12 disposable menstrual products shall be made available in a readily accessible location and in a 13 manner that minimizes any stigmatization of the individual seeking such products. 14 SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after 15 section 3 the following section:- 16 Section 3A. (a) As used in this section, the following words shall have the following 17 meanings unless the context clearly requires otherwise: 18 “Disposable menstrual products”, products used by a menstruating individual including, 19 but not limited to, sanitary napkins, tampons and underwear liners. 20 “Menstruating individual”, a person who menstruates. 21 (b) Subject to appropriation, every primary and secondary school shall provide disposable 22 menstrual products to students at no cost. The disposable menstrual products shall be made 23 available in readily accessible locations, including, but not limited to, restrooms for menstruating 24 individuals and in a manner that minimizes any stigmatization of the individual seeking such 25 products. 26 (c) Annually, not later than March 1, the department shall report on, for the current fiscal 27 year and for anticipated spending in the next fiscal year: (i) the cost of providing disposable 28 menstrual products pursuant to this section; and (ii) any associated administrative costs of 29 providing disposable menstrual products. The report shall be sent to the clerks of the senate and 30 house of representatives, the joint committee on public health and the senate and house 31 committees on ways and means. 3 of 3 32 SECTION 3. Chapter 127 of the General Laws is hereby amended by adding the 33 following section:- 34 Section 172. (a) As used in this section, the following words shall have the following 35 meanings unless the context clearly requires otherwise: 36 “Administrator”, the keeper of a lockup facility under section 35 of chapter 40, the 37 superintendent of a correctional facility under chapter 125, a sheriff or special sheriff in charge 38 of a jail, house of correction or regional lockup facility under chapter 126, the colonel of state 39 police or any other official who oversees a facility used for the detention of persons arrested and 40 held in custody or serving a sentence. 41 “Disposable menstrual products”, products used by a menstruating individual including, 42 but not limited to, sanitary napkins, tampons and underwear liners. 43 “Menstruating individual”, a person who menstruates. 44 (b) The administrator shall provide disposable menstrual products to menstruating 45 individuals held or housed in the facility overseen by the administrator at no cost. The disposable 46 menstrual products shall be available in readily accessible locations and in a manner that 47 minimizes any stigmatization of the individual seeking such products.