NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8406
SPONSOR: Ortiz (MS)
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
advertisement of tobacco products and alcohol at mass transit facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits mass transit facilities in a city with a population
of more than one million or more from advertising the sale or use of
tobacco products or alcohol.
 
SUMMARY OF SPECIFIC PROVISIONS:
The public health law is amended by adding a new section 1399-mm-1 to
read as follows:
1. Advertising of tobacco products and alcohol at mass transit facili-
ties prohibited.
2. No person operating a mass transit facility within a city a popu-
lation of more than one million or more located within this state shall
display any advertisement of any type or manner to promote the sale or
use of any tobacco product or alcohol.
3. Notwithstanding the provisions of section thirteen hundred ninety-
nine-ee of this article, any person who violates the provisions of this
section shall be subject to a civil penalty in the amount of five
hundred dollars per day for each such violation.
 
JUSTIFICATION:
Alcohol and tobacco advertising has been shown to have an effect on
those exposed to it. Research has shown that underage drinking accounts
for 12% of all alcohol sales in the U.S. Additionally, those aged 12-20
were exposed to 8% more beer and ale ads, 12% more malt beverage ads and
14% more distilled spirit ads than adults. Research indicates that 85%
of smokers start before their 16th birthday. Alcohol is a leading cause
of death among youth, particularly teenagers. It contributes substan-
tially to adolescent motor vehicle crashes, other traumatic injuries,
suicide, date rape, and family and school problems. Tobacco use causes
more deaths each year than does alcohol, heroin, cocaine, HIV, homi-
cides, suicides, fires and accidents combined. This legislation will
protect this vulnerable population from being exposed to the promotion
of these dangerous agents.
 
PRIOR LEGISLATIVE HISTORY:
2007/08: A9506 Referred to Health
2009/10: A6411 Referred to Health
2011/12: A1064 Referred to Health
2013/14: A3112 Referred to Health
 
FISCAL IMPLICATIONS:
Unknown
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law
STATE OF NEW YORK
________________________________________________________________________
8406
2015-2016 Regular Sessions
IN ASSEMBLY
October 9, 2015
___________
Introduced by M. of A. ORTIZ, GALEF, CLARK -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
advertisement of tobacco products and alcohol at mass transit facili-
ties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-mm-1 to read as follows:
3 § 1399-mm-1. Advertising of tobacco products and alcohol at mass tran-
4 sit facilities prohibited. 1. For the purposes of this section the
5 following terms shall have the following meanings:
6 a. "tobacco products" shall mean cigarettes, cigars, chewing tobacco,
7 or any other tobacco product;
8 b. "mass transit facilities" shall mean a train, subway, bus, taxicab,
9 or ferry or any building or area where people gather to ride such train,
10 subway, bus, taxicab or ferry; and
11 c. "person" shall mean a person, firm, company, corporation, partner-
12 ship, sole proprietor, limited partnership, association, limited liabil-
13 ity company or limited liability partnership, whether public or private,
14 that receives funding from the state to operate a mass transit facility.
15 2. No person operating a mass transit facility within a city with a
16 population of one million or more located within this state shall
17 display any advertisement of any type or manner to promote the sale or
18 use of any tobacco product or alcohol.
19 3. Notwithstanding the provisions of section thirteen hundred ninety-
20 nine-ee of this article, any person who violates the provisions of this
21 section shall be subject to a civil penalty in the amount of five
22 hundred dollars per day for each such violation.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04084-01-5