S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4522--A
     Cal. No. 1491
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   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 public health law, in relation  to  prohibiting  the
   advertisement of tobacco products and herbal cigarettes near 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  article
 13-I to read as follows:
                                ARTICLE 13-I
                     ADVERTISING TOBACCO PRODUCTS AND
                 HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS
   SECTION 1399-AAA.  DEFINITIONS.
           1399-BBB.  ADVERTISING PROHIBITED NEAR SCHOOLS.
           1399-CCC.  HEARINGS; PENALTIES.
   § 1399-AAA. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "PERSON"  MEANS A PERSON, FIRM, COMPANY, CORPORATION, PARTNERSHIP,
 SOLE PROPRIETOR, LIMITED  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY OR LIMITED LIABILITY PARTNERSHIP.
   2.  "TOBACCO  PRODUCTS"  MEANS  ONE OR MORE CIGARETTES, CIGARS, BIDIS,
 CHEWING TOBACCO, POWDERED TOBACCO, NICOTINE WATER OR ANY  OTHER  TOBACCO
 PRODUCTS.
   3.   "HERBAL CIGARETTE" MEANS ANY PRODUCT MADE PRIMARILY OF AN HERB OR
 COMBINATION OF HERBS, AND INTENDED TO BE SMOKED IN ANY  OF  THE  METHODS
 THAT  TOBACCO  IS  SMOKED, INCLUDING BUT NOT LIMITED TO, AS A CIGARETTE,
 CIGAR OR PIPE FILTER.
   4. "SCHOOL GROUNDS" MEANS (A) IN, ON OR WITHIN  ANY  BUILDING,  STRUC-
 TURE,  ATHLETIC  PLAYING  FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02012-02-8

 S. 4522--A                          2
 
 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
 AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
 AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN FIVE HUNDRED  FEET  OF  THE
 REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL OR ANY PARKED
 AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN FIVE HUNDRED  FEET  OF
 THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL. FOR THE
 PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC"  SHALL  MEAN
 SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
 RANTS.
   §  1399-BBB. ADVERTISING PROHIBITED NEAR SCHOOLS. NO PERSON ENGAGED IN
 THE BUSINESS OF MANUFACTURING, SELLING, ADVERTISING, MARKETING OR OTHER-
 WISE DISTRIBUTING TOBACCO PRODUCTS OR HERBAL CIGARETTES, OR ANY AGENT OR
 EMPLOYEE OF SUCH PERSON, SHALL  ADVERTISE,  MARKET  OR  PROMOTE  TOBACCO
 PRODUCTS OR HERBAL CIGARETTES OR THE PURCHASE OR USE THEREOF UPON SCHOOL
 GROUNDS.
   § 1399-CCC. HEARINGS; PENALTIES. 1. HEARINGS WITH RESPECT TO VIOLATION
 OF  THIS  ARTICLE  SHALL  BE  CONDUCTED  IN  THE SAME MANNER AS HEARINGS
 CONDUCTED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
   2. IF THE ENFORCEMENT  OFFICER  DETERMINES  AFTER  A  HEARING  THAT  A
 VIOLATION  OF  THIS ARTICLE HAS OCCURRED, HE OR SHE SHALL IMPOSE A CIVIL
 PENALTY OF A MINIMUM OF TWO HUNDRED FIFTY DOLLARS, BUT NOT TO EXCEED ONE
 THOUSAND DOLLARS FOR A  FIRST  VIOLATION,  A  MINIMUM  OF  FIVE  HUNDRED
 DOLLARS,  BUT NOT TO EXCEED TWO THOUSAND DOLLARS FOR A SECOND VIOLATION,
 AND A MINIMUM OF ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
   § 2. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.