S T A T E O F N E W Y O R K
________________________________________________________________________
1435
2011-2012 Regular Sessions
I N A S S E M B L Y
January 10, 2011
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Introduced by M. of A. DINOWITZ, SCHIMEL, GOTTFRIED, PAULIN, JACOBS --
Multi-Sponsored by -- M. of A. GIGLIO, JAFFEE -- read once and
referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to authorizing the
commissioner of education to restrict the sale and advertisement of
alcoholic beverages at sporting events participated in by any state
university of New York, city university of New York or community
college
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
1,700 students lose their lives to alcohol each year, and 500,000 others
are injured. The legislature also finds that about 70,000 students are
victims of alcohol-related sexual assaults. Additionally, many New
Yorkers believe that sports play a significant role in youth development
and helps build good character in children, and it is not just young
people who play sports who benefit -- many New Yorkers say that children
who simply watch or attend sporting events learn important values. More-
over, many adults say that there are real and measurable consequences
associated with alcohol advertising during sports that negatively affect
teenagers and other viewers. Further, New Yorkers are very concerned
about underage and binge drinking on our state's campuses. They think it
is wrong for universities and colleges to make money from alcohol adver-
tising on college sports while they are trying to reduce underage and
binge drinking on their campuses. New Yorkers further think that alcohol
advertising at college sporting events is inconsistent with the mission
of higher education. Many parents and other adults reject higher
education's acceptance of alcohol advertising and support breaking the
tie between college sports and alcohol ads. Many New Yorkers strongly
support an outright ban on all alcohol advertising during college sports
broadcasts. For these reasons, the legislature supports the passage of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04470-01-1
A. 1435 2
this act limiting the presence of alcohol at college and university
sporting events.
S 2. The education law is amended by adding a new section 319 to read
as follows:
S 319. PROHIBITION AGAINST THE SALE AND ADVERTISEMENT OF ALCOHOL. 1.
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE TRUS-
TEES OF THE CITY UNIVERSITY OF NEW YORK ARE AUTHORIZED TO PROMULGATE
RULES, REGULATIONS, OR POLICIES PROHIBITING ANY STATE UNIVERSITY OF NEW
YORK OR CITY UNIVERSITY OF NEW YORK RESPECTIVELY, INCLUDING ALL THEIR
CONSTITUENT UNITS INCLUDING COMMUNITY COLLEGES, WHICH ARE RECEIVING
FUNDING OR FINANCIAL ASSISTANCE FROM THIS STATE, FROM:
(A) ALLOWING THE ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF ANY KIND IN
ASSOCIATION WITH ANY SPORTING EVENT; THIS PROHIBITION SHALL INCLUDE, BUT
NOT BE LIMITED TO, SIGNAGE, PRINT, RADIO AND TELEVISION ADVERTISING;
(B) ALLOWING SPONSORSHIP OF ANY ATHLETIC TEAMS BY ANY ENTITY THAT
MANUFACTURES ALCOHOLIC BEVERAGES; AND
(C) ALLOWING THE SALE OF ANY ALCOHOLIC BEVERAGES AT A SPORTING EVENT.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "SPORTING EVENT" SHALL
MEAN ANY EVENT INCLUDING ATHLETES, CONDUCTED IN A FIELD OF PLAY OF SUCH
EVENT, INCLUDING, BUT NOT LIMITED TO, TENNIS, BOXING, WRESTLING, BASE-
BALL, BASKETBALL, FOOTBALL, HOCKEY, SOCCER OR VOLLEYBALL THAT IS HELD ON
A STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.