Senate Bill S6766A

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 Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2020	reported and committed to rules
Jan 08, 2020	referred to health
Dec 30, 2019	print number 6766a
Dec 30, 2019	amend (t) and recommit to rules
Oct 07, 2019	referred to rules

Votes

- Jan 14, 2020 - Health Committee Vote
  S6766A
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jan 14, 2020
      
      aye (12)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (2)
      
      Gallivan
      
      Little

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S6766 - Details

See Assembly Version of this Bill:: A2763
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-dd-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A11337

2019-S6766 - 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-S6766 - Sponsor Memo

                                
 
BILL NUMBER: S6766

SPONSOR: BAILEY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation prohibits the public display of any tobacco advertise-
ments and smoking paraphernalia in stores except for tobacco businesses

 
SUMMARY OF PROVISIONS:

Section 1: Article 13-F of the Public Health Law is amended by adding a
new section 1399-ddd that:

Establishes the definitions of "Tobacco advertisement," "Tobacco busi-
ness," and "smoking paraphernalia." These provisions prohibits any
person from placing or maintaining smoking paraphernalia or tobacco
advertisement in store front windows or exterior windows or any access

door anywhere 500 feet from schools. These provisions shall not apply to
a tobacco business. Violation of such provisions shall be punishable by
a civil penalty of no more than five hundred dollars.

Section 2: This act shall take effect on the thirtieth day after it
shall have become law.

 
JUSTIFICATION:

It is important that we, as a state, maintain a positive health standard
and image for all New Yorkers. Tobacco use is the leading cause of lung
cancer. According to the NYS Department of Health, each year about 6,800
men and about 6,900 women are diagnosed with lung cancer, and over 4,500
and about 4,200 women die from this disease.

Thus, it is our job to work towards preventing young adults from engag-
ing in such harmful addictions. Banning businesses, as long as they are
not exclusively tobacco businesses, from advertising tobacco products
and paraphernalia will be a strong step towards eliminating the draw,
and subsequent risk, that cigarettes cost.

 
LEGISLATIVE HISTORY:

A11337 of 2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Thirty days after enacted into law.

2019-S6766 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6766
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 7, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.

                                                            LBD03767-01-9

 S. 6766                             2
 
 BUILDING OR STRUCTURE CONTAINING A  PLACE  OF  BUSINESS;  PROVIDED  SUCH
 BUSINESS IS LOCATED WITHIN FIVE HUNDRED FEET OF A PUBLIC SCHOOL OR CHAR-
 TER SCHOOL.
   (B)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO A TOBACCO
 BUSINESS.
   (C) EACH VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A  CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

2019-S6766A (ACTIVE) - Details

See Assembly Version of this Bill:: A2763
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-dd-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A11337

2019-S6766A (ACTIVE) - Summary

2019-S6766A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6766A

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation prohibits the public display of any tobacco advertise-
ments and smoking paraphernalia in stores within five hundred feet of
private and public schools.

 
SUMMARY OF PROVISIONS:

Section one amends Article 13-F of the Public Health Law by adding a new
section 1399-dd-1 that:

    Establishes the definitions of "advertisement," and "smoking

    paraphernalia." These provisions prohibits any person from placing
    or maintaining smoking paraphernalia, tobacco advertisements, or
    electronic cigarette advertisements in store front windows or
    exterior windows or any access door anywhere 500 feet from schools.
    Violations of such provisions shall be punishable by a civil penalty
    of no more than five hundred dollars.

Section two provides the effective date

 
JUSTIFICATION:

It is important that we, as a state, maintain a positive health standard
and image for all New Yorkers. Tobacco use is the leading cause of lung
cancer and youth are vaping in record high numbers, exposing themselves
to risks that research is only starting to learning about. According to
the NYS Department of Health, each year about 6,800 men and about 6,900
women are diagnosed with lung cancer, and over 4,500 and about 4,200
women die from this disease.Since June 2019 across the nation, over 50
people have died from illness related to vaping and more than 2500 have
been hospitalized.

Thus, it is our job to work towards preventing young adults from engag-
ing in such harmful addictions. Banning businesses from advertising
these products and paraphernalia within close proximity to schools will
be a strong step towards eliminating the draw, and subsequent risk,
these products carry.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A.11337

 
FISCAL IMPACT ON STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect ninety days after enacted into law.

2019-S6766A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6766--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 7, 2019
                                ___________
 
 Introduced  by  Sens.  BAILEY, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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
 WINDOW  OR  ANY  EXTERIOR  WINDOW OR ANY DOOR WHICH IS USED FOR ENTRY OR
 EGRESS BY THE PUBLIC TO THE BUILDING OR STRUCTURE CONTAINING A PLACE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03767-07-9

 S. 6766--A                          2
 
 BUSINESS;  PROVIDED SUCH BUSINESS IS LOCATED WITHIN FIVE HUNDRED FEET OF
 A PUBLIC OR PRIVATE SCHOOL.
   (B)  EACH VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S6766A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Jan 14, 2020 - Health Committee Vote

Health Committee Vote: Jan 14, 2020

Bill Amendments

co-Sponsors

2019-S6766 - Details

2019-S6766 - Summary

2019-S6766 - Sponsor Memo

2019-S6766 - Bill Text download pdf

co-Sponsors

2019-S6766A (ACTIVE) - Details

2019-S6766A (ACTIVE) - Summary

2019-S6766A (ACTIVE) - Sponsor Memo

2019-S6766A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

Kevin S. Parker

2019-S6766 - Details

2019-S6766 - Summary

2019-S6766 - Sponsor Memo

2019-S6766 - Bill Text download pdf

co-Sponsors

David Carlucci

Jen Metzger

Kevin S. Parker

2019-S6766A (ACTIVE) - Details

2019-S6766A (ACTIVE) - Summary

2019-S6766A (ACTIVE) - Sponsor Memo

2019-S6766A (ACTIVE) - Bill Text download pdf

Comments