PRINTER'S NO. 1411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
956
Session of
2019
INTRODUCED BY COLLETT, BARTOLOTTA, TARTAGLIONE, L. WILLIAMS,
MUTH, BOSCOLA, SCHWANK, IOVINO, KEARNEY, SANTARSIERO, STREET,
HUGHES, FONTANA, COSTA, LEACH, A. WILLIAMS, HAYWOOD, FARNESE,
DINNIMAN, BREWSTER AND BLAKE, NOVEMBER 25, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 25, 2019
AN ACT
Providing for the provision of disposable menstrual products.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Menstrual
Equity Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"College." Any of the following:
(1) A community college as defined under section 1901-A
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(2) A State-related institution as defined under section
1502-A of the Public School Code of 1949.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
(3) A university under the jurisdiction of the State
System of Higher Education under Article XX-A of the Public
School Code of 1949.
"Correctional facility." A correctional institution as
defined under 61 Pa.C.S. ยง 5905(e) (relating to healthy birth
for incarcerated women). The term includes a privately owned
facility which has contracted with the Commonwealth, a county or
a municipality to house an inmate for purposes of carrying out a
sentence under the laws of this Commonwealth and operates within
the geographic boundaries of this Commonwealth.
"Disposable menstrual product." A product used by an
individual for use in connection with the menstrual cycle,
including, but not limited to, sanitary napkins, tampons, liners
and other similar products.
"School entity." As defined under section 121 of the Public
School Code of 1949.
Section 3. Provision of disposable menstrual products.
The following entities shall provide disposable menstrual
products at no cost and make the disposable menstrual products
available in restroom facilities in a convenient manner that
does not stigmatize any individuals seeking the disposable
menstrual products:
(1) A provider of temporary housing assistance located
in this Commonwealth, which shall include, but not be limited
to, shelters designated to provide temporary living
arrangements, including hotels or motels paid for by Federal,
State or local government programs for low-income individuals
or by charitable organizations, congregate shelters and
transitional housing or a provider of temporary housing
assistance that otherwise receives funding under the Federal
20190SB0956PN1411 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Emergency Food and Shelter Grant Program authorized by the
McKinney-Vento Homeless Assistance Act (Public Law 100-77,
101 Stat. 482).
(2) A school entity.
(3) A college.
(4) A department or agency of the Commonwealth which
operates an office or facility open to the public to provide
assistance with unemployment compensation, food and housing
assistance, housing financing, temporary guardianship or
custodianship, probation and parole or library services.
(5) A correctional facility.
Section 4. Rules and regulations.
(a) Regulatory authority.--The following secretaries shall
promulgate temporary and permanent regulations in accordance
with this section:
(1) The Secretary of Human Services shall promulgate
rules and regulations necessary to implement and enforce
section 3(1), (4) and (5).
(2) The Secretary of Education shall promulgate rules
and regulations necessary to implement and enforce section
3(2) and (3).
(3) The Secretary of Labor and Industry shall promulgate
rules and regulations necessary to implement and enforce
section 3(4).
(4) The Secretary of Corrections shall promulgate rules
and regulations necessary to implement and enforce section
3(5).
(b) Temporary regulations.--The secretaries listed in
subsection (a) may promulgate temporary regulations that shall
expire not later than two years following the publication of the
20190SB0956PN1411 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
temporary regulations. Each secretary may promulgate temporary
regulations not subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--Each secretary's authority to adopt
temporary regulations under subsection (b) shall expire two
years after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law.
(d) Publication.--Each secretary shall shall begin
transmitting the temporary regulations to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin no
later than six months after the effective date of this section.
Section 5. Effective date.
This act shall take effect as follows:
(1) Section 3 shall take effect July 1, 2020.
(2) The remainder of this act shall take effect
immediately.
20190SB0956PN1411 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24