STATE OF NEW YORK
________________________________________________________________________
3112
2013-2014 Regular Sessions
IN ASSEMBLY
January 23, 2013
___________
Introduced by M. of A. ORTIZ, MILLMAN, WEISENBERG, GALEF -- Multi-Spon-
sored by -- M. of A. CLARK, MAISEL, SWEENEY -- 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.
LBD06973-01-3