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

                                  3112

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. ORTIZ, MILLMAN, WEISENBERG, GALEF -- Multi-Spon-
  sored by -- M. of A.  CLARK, MAISEL, SWEENEY -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  advertisement  of tobacco products and alcohol at mass transit facili-
  ties

  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-mm-1 to read as follows:
  S 1399-MM-1. ADVERTISING OF TOBACCO PRODUCTS AND ALCOHOL AT MASS TRAN-
SIT FACILITIES PROHIBITED. 1. FOR  THE  PURPOSES  OF  THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "TOBACCO PRODUCTS" SHALL MEAN CIGARETTES, CIGARS, CHEWING TOBACCO,
OR ANY OTHER TOBACCO PRODUCT;
  B. "MASS TRANSIT FACILITIES" SHALL MEAN A TRAIN, SUBWAY, BUS, TAXICAB,
OR FERRY OR ANY BUILDING OR AREA WHERE PEOPLE GATHER TO RIDE SUCH TRAIN,
SUBWAY, BUS, TAXICAB OR FERRY; AND
  C. "PERSON" SHALL MEAN A PERSON, FIRM, COMPANY, CORPORATION,  PARTNER-
SHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP, ASSOCIATION, LIMITED LIABIL-
ITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, WHETHER PUBLIC OR PRIVATE,
THAT RECEIVES FUNDING FROM THE STATE TO OPERATE A MASS TRANSIT FACILITY.
  2.  NO  PERSON  OPERATING A MASS TRANSIT FACILITY WITHIN A CITY WITH A
POPULATION OF ONE MILLION  OR  MORE  LOCATED  WITHIN  THIS  STATE  SHALL
DISPLAY  ANY  ADVERTISEMENT OF ANY TYPE OR MANNER TO PROMOTE THE SALE OR
USE OF ANY TOBACCO PRODUCT OR ALCOHOL.
  3. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED  NINETY-
NINE-EE  OF THIS ARTICLE, ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO A  CIVIL  PENALTY  IN  THE  AMOUNT  OF  FIVE
HUNDRED DOLLARS PER DAY FOR EACH SUCH VIOLATION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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

                                                           LBD06973-01-3