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Assembly Bill A2763A

2019-2020 Legislative Session

Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools

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Archive: Last Bill Status - In Assembly Committee

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2019-A2763 - Details

See Senate Version of this Bill:
S6766
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-dd-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A11337

2019-A2763 - Summary

Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

2019-A2763 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2763
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to prohibiting public
   display of tobacco advertisements  and  smoking  paraphernalia  within
   five hundred feet of schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 13-F of the public health law is amended by  adding
 a new section 1399-ddd to read as follows:
   §  1399-DDD.  PUBLIC  DISPLAY  OF  TOBACCO  ADVERTISEMENTS AND SMOKING
 PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "TOBACCO  ADVERTISEMENT"  MEANS  WORDS,  PICTURES,   PHOTOGRAPHS,
 SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THER-
 EOF,  WHICH  BEAR  A  HEALTH  WARNING  REQUIRED  BY FEDERAL STATUTE, THE
 PURPOSE OR EFFECT OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO  PRODUCT,
 A  TRADEMARK OF A TOBACCO PRODUCT OR A TRADE NAME ASSOCIATED EXCLUSIVELY
 WITH A TOBACCO PRODUCT, OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
 UCT.
   (B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
 ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C) "TOBACCO  BUSINESS"  MEANS  A  SOLE  PROPRIETORSHIP,  CORPORATION,
 LIMITED  LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE IN WHICH THE
 PRIMARY ACTIVITY IS THE  SALE,  MANUFACTURE  OR  PROMOTION  OF  TOBACCO,
 TOBACCO  PRODUCTS AND ACCESSORIES, EITHER AT WHOLESALE OR RETAIL, AND IN
 WHICH THE SALE, MANUFACTURE OR PROMOTION OF  OTHER  PRODUCTS  IS  MERELY
 INCIDENTAL.
   2.  (A)  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON TO PLACE, CAUSE TO BE
 PLACED, TO MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING  PARAPHERNALIA
 OR TOBACCO ADVERTISEMENTS IN A STORE FRONT WINDOW OR ANY EXTERIOR WINDOW
 OR  ANY  DOOR  WHICH  IS  USED  FOR ENTRY OR EGRESS BY THE PUBLIC TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A2763A (ACTIVE) - Details

See Senate Version of this Bill:
S6766
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-dd-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A11337

2019-A2763A (ACTIVE) - Summary

Prohibits public display of tobacco advertisements and smoking paraphernalia within five hundred feet of schools; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

2019-A2763A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2763--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. FERNANDEZ, BURKE, D. ROSENTHAL, JAFFEE, BUTTENS-
   CHON, SIMON, GRIFFIN, D'URSO, ORTIZ, FALL,  PICHARDO,  HUNTER,  GLICK,
   DeSTEFANO,  DAVILA  --  Multi-Sponsored  by -- M. of A. COOK, SALKA --
   read once and referred to the Committee on Health  --  recommitted  to
   the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the public health law, in relation to prohibiting public
   display of tobacco and electronic cigarette advertisements and smoking
   paraphernalia within five hundred feet of schools
 
   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  section
 1399-dd-1 to read as follows:
   §  1399-DD-1.    PUBLIC  DISPLAY  OF  TOBACCO AND ELECTRONIC CIGARETTE
 ADVERTISEMENTS AND SMOKING PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES  OF
 THIS SECTION:
   (A)  "ADVERTISEMENT"  MEANS  WORDS,  PICTURES,  PHOTOGRAPHS,  SYMBOLS,
 GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THEREOF, WHICH
 BEAR A HEALTH WARNING REQUIRED BY FEDERAL STATUTE, THE PURPOSE OR EFFECT
 OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT OR ELECTRONIC CIGA-
 RETTE, A TRADEMARK OF A TOBACCO PRODUCT OR  ELECTRONIC  CIGARETTE  OR  A
 TRADE  NAME  ASSOCIATED EXCLUSIVELY WITH A TOBACCO PRODUCT OR ELECTRONIC
 CIGARETTE, OR TO PROMOTE THE USE OR SALE OF A TOBACCO PRODUCT  OR  ELEC-
 TRONIC CIGARETTE.
   (B)  "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
 ING PAPERS, VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT  OR  APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   2.  (A)  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON TO PLACE, CAUSE TO BE
 PLACED, TO MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING  PARAPHERNALIA
 OR  TOBACCO  OR  ELECTRONIC  CIGARETTE  ADVERTISEMENTS  IN A STORE FRONT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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