A08406 Summary:

BILL NOA08406
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSRGalef
 
MLTSPNSR
 
Add S1399-mm-1, Pub Health L
 
Prohibits mass transit facilities in a city with a population of one million or more from advertising the sale or use of tobacco products or alcohol.
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A08406 Actions:

BILL NOA08406
 
10/09/2015referred to health
01/06/2016referred to health
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A08406 Memo:

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
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A08406 Text:



 
                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
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