Bill Text: NY A01131 | 2009-2010 | General Assembly | Introduced


Bill Title: 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

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A01131 Detail]

Download: New_York-2009-A01131-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1131
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A. DINOWITZ, GABRYSZAK, FIELDS, MILLMAN, GREENE,
         GALEF, JAFFEE -- Multi-Sponsored by  --  M.  of  A.  ALFANO,  BURLING,
         CALHOUN,  CLARK, DIAZ, ESPAILLAT, LANCMAN, LIFTON, MAYERSOHN, McENENY,
         McKEVITT, SWEENEY,  TOWNS,  TOWNSEND,  WEISENBERG  --  read  once  and
         referred to the Committee on Higher Education
       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:
    1    Section 1. Legislative findings and intent. The legislature finds that
    2  1,700 students lose their lives to alcohol each year, and 500,000 others
    3  are injured.  The legislature also finds that about 70,000 students  are
    4  victims  of  alcohol-related  sexual  assaults.   Additionally, many New
    5  Yorkers believe that sports play a significant role in youth development
    6  and helps build good character in children, and it  is  not  just  young
    7  people who play sports who benefit -- many New Yorkers say that children
    8  who simply watch or attend sporting events learn important values. More-
    9  over,  many  adults  say that there are real and measurable consequences
   10  associated with alcohol advertising during sports that negatively affect
   11  teenagers and other viewers. Further, New  Yorkers  are  very  concerned
   12  about underage and binge drinking on our state's campuses. They think it
   13  is wrong for universities and colleges to make money from alcohol adver-
   14  tising  on  college  sports while they are trying to reduce underage and
   15  binge drinking on their campuses. New Yorkers further think that alcohol
   16  advertising at college sporting events is inconsistent with the  mission
   17  of  higher  education.  Many  parents  and  other  adults  reject higher
   18  education's acceptance of alcohol advertising and support  breaking  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02757-01-9
       A. 1131                             2
    1  tie  between  college  sports and alcohol ads. Many New Yorkers strongly
    2  support an outright ban on all alcohol advertising during college sports
    3  broadcasts. For these reasons, the legislature supports the  passage  of
    4  this  act  limiting  the  presence  of alcohol at college and university
    5  sporting events.
    6    S 2. The education law is amended by adding a new section 319 to  read
    7  as follows:
    8    S  319.  PROHIBITION AGAINST THE SALE AND ADVERTISEMENT OF ALCOHOL. 1.
    9  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND THE  TRUS-
   10  TEES  OF  THE  CITY  UNIVERSITY OF NEW YORK ARE AUTHORIZED TO PROMULGATE
   11  RULES, REGULATIONS, OR POLICIES PROHIBITING ANY STATE UNIVERSITY OF  NEW
   12  YORK  OR  CITY  UNIVERSITY OF NEW YORK RESPECTIVELY, INCLUDING ALL THEIR
   13  CONSTITUENT UNITS INCLUDING  COMMUNITY  COLLEGES,  WHICH  ARE  RECEIVING
   14  FUNDING OR FINANCIAL ASSISTANCE FROM THIS STATE, FROM:
   15    (A)  ALLOWING  THE ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF ANY KIND IN
   16  ASSOCIATION WITH ANY SPORTING EVENT; THIS PROHIBITION SHALL INCLUDE, BUT
   17  NOT BE LIMITED TO, SIGNAGE, PRINT, RADIO AND TELEVISION ADVERTISING;
   18    (B) ALLOWING SPONSORSHIP OF ANY ATHLETIC  TEAMS  BY  ANY  ENTITY  THAT
   19  MANUFACTURES ALCOHOLIC BEVERAGES; AND
   20    (C) ALLOWING THE SALE OF ANY ALCOHOLIC BEVERAGES AT A SPORTING EVENT.
   21    2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "SPORTING EVENT" SHALL
   22  MEAN ANY EVENT INCLUDING ATHLETES, CONDUCTED IN A FIELD OF PLAY OF  SUCH
   23  EVENT,  INCLUDING,  BUT NOT LIMITED TO, TENNIS, BOXING, WRESTLING, BASE-
   24  BALL, BASKETBALL, FOOTBALL, HOCKEY, SOCCER OR VOLLEYBALL THAT IS HELD ON
   25  A STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK CAMPUS.
   26    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   27  have  become  a  law; provided, however, that effective immediately, the
   28  addition, amendment and/or repeal of any rule  or  regulation  necessary
   29  for  the implementation of this act on its effective date are authorized
   30  and directed to be made and completed on or before such effective date.
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