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Assembly Bill A462

2009-2010 Legislative Session

Prohibition against advertising tobacco products near schools

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Archive: Last Bill Status - In Assembly Committee

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2009-A462 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-I ยงยง1399-aaa - 1399-ccc, Pub Health L

2009-A462 (ACTIVE) - Summary

Prohibits advertising for tobacco products on school grounds or within 1000 feet of the boundary line of the real property of any public or private school; provides for a civil penalty of between $250 and $1000 for a first violation; $500 to $2000 for a second violation; and at least $1000 for any subsequent violation.

2009-A462 (ACTIVE) - Sponsor Memo

2009-A462 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   462

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend  the  public health law, in relation to regulation of
  advertising tobacco products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
13-I to read as follows:
                               ARTICLE 13-I
               REGULATION OF ADVERTISING TOBACCO PRODUCTS
  SECTION 1399-AAA.  DEFINITIONS.
          1399-BBB.  ADVERTISING PROHIBITED NEAR SCHOOLS.
          1399-CCC.  HEARINGS; PENALTIES.
  S 1399-AAA. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "PERSON" MEANS A PERSON, FIRM, COMPANY,  CORPORATION,  PARTNERSHIP,
SOLE  PROPRIETOR,  LIMITED  PARTNERSHIP,  ASSOCIATION, LIMITED LIABILITY
COMPANY OR LIMITED LIABILITY PARTNERSHIP.
  2. "TOBACCO PRODUCTS" MEANS ONE OR MORE  CIGARETTES,  CIGARS,  CHEWING
TOBACCO, POWDERED TOBACCO OR ANY OTHER TOBACCO PRODUCTS.
  3.  "SCHOOL  GROUNDS"  MEANS (A) IN, ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE
REAL  PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL,  OR  (B)  ANY
AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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