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| 2 | 2 | | FILED ON: 10/26/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2491 |
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| 4 | 4 | | Senate, October 26, 2023 -- Text of the Senate Bill to increase access to disposable menstrual |
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| 5 | 5 | | products (Senate, No. 2491) (being the text of Senate, No. 2481, printed as amended) |
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| 6 | 6 | | The Commonwealth of Massachusetts |
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| 7 | 7 | | _______________ |
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| 8 | 8 | | In the One Hundred and Ninety-Third General Court |
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| 9 | 9 | | (2023-2024) |
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| 10 | 10 | | _______________ |
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| 11 | 11 | | An Act to increase access to disposable menstrual products. |
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| 12 | 12 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 13 | 13 | | of the same, as follows: |
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| 14 | 14 | | 1 SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the |
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| 15 | 15 | | 2following section:- |
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| 16 | 16 | | 3 Section 31. (a) As used in this section, the following words shall have the following |
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| 17 | 17 | | 4meanings unless the context clearly requires otherwise: |
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| 18 | 18 | | 5 “Disposable menstrual products”, products used by a menstruating individual including, |
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| 19 | 19 | | 6but not limited to, sanitary napkins, tampons and underwear liners. |
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| 20 | 20 | | 7 “Menstruating individual”, a person who menstruates. |
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| 21 | 21 | | 8 (b) Any provider of temporary housing assistance, including, but not limited to, a family |
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| 22 | 22 | | 9shelter, a shelter for adults, a hotel used for emergency shelter, an emergency apartment, a |
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| 23 | 23 | | 10domestic violence shelter, a runaway and homeless youth shelter or a safe house for refugees, |
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| 24 | 24 | | 11shall provide disposable menstrual products at no cost to a menstruating individual. The 2 of 3 |
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| 25 | 25 | | 12disposable menstrual products shall be made available in a readily accessible location and in a |
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| 26 | 26 | | 13manner that minimizes any stigmatization of the individual seeking such products. |
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| 27 | 27 | | 14 SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after |
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| 28 | 28 | | 15section 3 the following section:- |
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| 29 | 29 | | 16 Section 3A. (a) As used in this section, the following words shall have the following |
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| 30 | 30 | | 17meanings unless the context clearly requires otherwise: |
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| 31 | 31 | | 18 “Disposable menstrual products”, products used by a menstruating individual including, |
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| 32 | 32 | | 19but not limited to, sanitary napkins, tampons and underwear liners. |
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| 33 | 33 | | 20 “Menstruating individual”, a person who menstruates. |
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| 34 | 34 | | 21 (b) Every elementary and secondary public school shall provide disposable menstrual |
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| 35 | 35 | | 22products to students at no cost. The disposable menstrual products shall be made available in |
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| 36 | 36 | | 23readily accessible locations, including, but not limited to, restrooms for menstruating individuals |
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| 37 | 37 | | 24and in a manner that minimizes any stigmatization of the individual seeking such products. |
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| 38 | 38 | | 25 SECTION 3. Chapter 127 of the General Laws is hereby amended by adding the |
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| 39 | 39 | | 26following section:- |
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| 40 | 40 | | 27 SECTION 3. Chapter 127 of the General Laws is hereby amended by adding the |
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| 41 | 41 | | 28following section:- |
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| 42 | 42 | | 29 Section 172. (a) As used in this section, the following words shall have the following |
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| 43 | 43 | | 30meanings unless the context clearly requires otherwise: 3 of 3 |
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| 44 | 44 | | 31 “Administrator”, the keeper of a lockup facility under section 35 of chapter 40, the |
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| 45 | 45 | | 32superintendent of a correctional facility under chapter 125, a sheriff or special sheriff in charge |
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| 46 | 46 | | 33of a jail, house of correction or regional lockup facility under chapter 126, the colonel of state |
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| 47 | 47 | | 34police or any other official who oversees a facility used for the detention of persons arrested and |
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| 48 | 48 | | 35held in custody or serving a sentence. |
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| 49 | 49 | | 36 “Disposable menstrual products”, products used by a menstruating individual including, |
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| 50 | 50 | | 37but not limited to, sanitary napkins, tampons and underwear liners. |
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| 51 | 51 | | 38 “Menstruating individual”, a person who menstruates. |
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| 52 | 52 | | 39 (b) The administrator shall provide disposable menstrual products to menstruating |
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| 53 | 53 | | 40individuals held or housed in the facility overseen by the administrator at no cost. The disposable |
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| 54 | 54 | | 41menstrual products shall be available in readily accessible locations and in a manner that |
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| 55 | 55 | | 42minimizes any stigmatization of the individual seeking such products. |
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