S T A T E   O F   N E W   Y O R K
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                                 2883--A
    Cal. No. 700

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged  and said bill committed to the Committee on
  Higher Education -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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

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

                                                           LBD01185-02-4

S. 2883--A                          2

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
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 STUDENT ATHLETES, CONDUCTED IN A FIELD OF PLAY
OF SUCH EVENT, INCLUDING, BUT NOT LIMITED TO, TENNIS, BOXING, WRESTLING,
BASEBALL, BASKETBALL, FOOTBALL, HOCKEY, SOCCER  OR  VOLLEYBALL  THAT  IS
HELD  ON  A  STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK
CAMPUS.
  3. THIS SECTION SHALL NOT APPLY TO THE SALE  OF  ALCOHOL  AT  SPORTING
EVENTS  IN  SPACES RESERVED FOR ALUMNI OR OTHER NON-STUDENT GROUPS WHICH
MAY SERVE PHILANTHROPIC AIMS, NOR SHALL IT PROHIBIT THE ADVERTISEMENT OF
ALCOHOLIC BEVERAGES AT TOURNAMENTS IN WHICH SPORTING EVENTS ARE 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.