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Every retail dealer of cigarettes or tobacco products in New York State and every owner or operator of vending machines that sell cigarettes or tobacco products must register with the Department of Taxation and Finance. Cigarette wholesalers, retailers and distributors also must be licensed. Municipalities may establish their own licensing requirements. Postal Service. These laws work to curtail the sale of cigarettes and other tobacco products over the internet, and require internet sellers to affix tax stamps and pay all federal, state, local or Tribal tobacco taxes.

Enacted in , the act prohibits the sale of cigarettes below cost and makes it illegal for retailers to intentionally avoid the collection or payment of taxes. The CMSA includes fines and penalties for violations. In addition to these state laws, many organizations, businesses and municipalities have adopted binding or nonbinding policies and resolutions that prohibit smoking.

Laws & Ordinances

These policies include prohibiting smoking in multiunit housing complexes, banning smoking and tobacco use in outdoor spaces, prohibiting the acceptance of tobacco company funds or services, opposing retail point of sale tobacco marketing and advertising, and working to reduce the impact of adolescent exposure to smoking in movies and on the internet. For more information on tobacco control policy solutions, visit the Public Health and Tobacco Policy Center. Navigation menu. Thinking About Quitting Tobacco? Tobacco Control Policies in NYS New York is a leader in tobacco control policy development and implementation, with many strong and effective tobacco control policies in place at the state and local levels.

Smoking and Vaping Prohibited at Playgrounds This amendment to the New York State Public Health Law prohibits smoking at New York playgrounds as defined by the law between sunrise and sunset when anyone under the age of twelve is present. Cigarette Fire Safety Act Enacted in and implemented in , the act requires manufacturers to certify that all cigarettes they offer for sale in New York meet a specific ignition propensity standard.

Placement of Tobacco Products in Retail Stores New York law requires all tobacco products to be located within stores out of reach of consumers. Relates to opportunities for small businesses and businesses owned by women and minorities. Increases the age to purchase tobacco products from 18 years old to 21 years old. Designates a portion of the state highway system in Oneida county as the "Officer Kevin F.

Crossley Memorial Highway". Designates a portion of state route in the hamlet of Uniondale, Nassau county, beginning at the intersection of Uniondale Avenue and Front Street and ending at the intersection of Hawthorne Avenue and Front Street, as "Melvin Harris, Jr. Relates to notices pertaining to children's non-regulated camp.

Relates to the transport of pistols or revolvers by licensees. Enacts the farm laborers fair labor practices act: grants collective bargaining rights to farm laborers; requires employers of farm laborers to allow at least 24 consecutive hours of rest each week; provides for an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate; makes provisions of unemployment insurance law applicable to farm laborers; provides sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants; provides for eligibility of farm laborers for workers' compensation benefits; requires employers of farm laborers to provide such farm laborers with claim forms for workers' compensation claims under certain conditions; requires reporting of injuries to employers of farm laborers.

New York City Local Law 134 of 2016 - Lighting Upgrades in Buildings by 2025

Enacts the New York state climate leadership and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection. Establishes the crime of unlawful dissemination or publication of an intimate image and creates a private right of action for such crime. Designates a portion of the state highway system including the bridges on interstate eighty-six which cross state route four hundred fifteen as the "Trooper Nicholas F.

Clark Memorial Bridge". Designates a portion of the state highway system in the town of Fremont as the "Specialist Allan Milk Memorial Bridge". Designates that portion of state route 17 in the village of Hillburn, town of Ramapo, county of Rockland, as the "Justice Thurgood Marshall Memorial Highway". Designates a portion of the state highway system as the "Sergeant Jeremy J.

VanNostrand Memorial Highway". Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system. Relates to expanding the scope of unlawful discriminatory practices to include public educational institutions. Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

Relates to expanding the scope of unlawful discriminatory practices to include public education institutions. Extends limitations on the shift between classes of taxable property in the town of Clarkstown, county of Rockland. Authorizes Broome county to impose an additional surcharge to pay for the costs associated with updating the telecommunication equipment and telephone services needed to provide an enhanced emergency telephone system to serve such county and provides for the repeal of such provisions upon expiration thereof.

Limits the shift between classes of taxable property in the town of Orangetown, county of Rockland. Relates to certain payments to the horsemen's organization. Relates to communication service surcharges applied to Onondaga county; extends provisions thereof. Enacts the New York State Reuniting Families Act; relates to foster care and parents in immigration detention or removal proceedings.

Establishes penalties for threatening, penalizing, or in any other manner discriminating or retaliating against any employee, including but not limited to contacting United States immigration authorities or otherwise threatening to report an employee's suspected citizenship or immigration status. Relates to powers of the New York state housing finance agency and the state of New York mortgage agency; extends certain provisions. Extends the expiration of provisions relating to including the trustees of the Freeholders and Commonalty of the town of Southampton, trustees of the Freeholders and Commonalty of the town of East Hampton and the trustees of Freeholders and Commonalty of the town of Southold as municipal corporations for the purposes of section h of the general municipal law.

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Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System NICS or its successor has issued a "proceed" response to the licensee, or thirty calendar days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

Prohibits the possession, manufacture, transport and disposition of rapid-fire modification devices. Bump stocks. Provides for vacating records for certain proceedings and modifies the definition of smoking. Marijuana decriminalization. Provides for vacating records for certain proceedings.

Provides for an exception to firearm storage requirements related to persons less than sixteen years old when such person less than sixteen years old is at a shooting range under immediate supervision, or when such person less than sixteen years old is the holder of a hunting license or permit. Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun. Amends provisions relating to requirements for the safe storage of rifles, shotguns and firearms; requires sellers to provide notice of the duty to use gun locking devices and otherwise lock guns away from children and other persons not authorized to possess them.

Authorizes the use of campaign funds for childcare expenses where they are incurred in the campaign or in the execution of the duties of public office or party position. Relates to the confinement of companion animals in unattended motor vehicles under conditions that endanger the health or well-being of an animal and what can be done in the event an animal is seen suffering; adds paid or volunteer firefighters and emergency services personnel as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency. Establishes the municipal gun buyback program by the division of state police for the voluntary return of guns; establishes the municipal gun buyback program fund to fund the program.

Establishes state and New York city maternal mortality review boards and the maternal mortality and morbidity advisory council for the purpose of reviewing maternal deaths and maternal morbidity and developing and disseminating findings, recommendations, and best practices to contribute to the prevention of maternal mortality and morbidity. Relates to participation in the address confidentiality program; authorizes victims of sexual offenses, human trafficking and stalking to participate. Relates to the makeup and structure of the maternal mortality review board. Enacts "Shannon's law"; relates to requiring insurance companies to cover annual mammograms for breast cancer screening for covered persons aged thirty-five and older.

Relates to designating a portion of the state highway system as the "Roger J. Mazal Memorial Bridge". Relates to school bus safety cameras; relates to owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm; authorizes school districts to enter into agreements with municipalities for the installation and use of school bus photo violation monitoring systems; makes related provisions.

Prohibits the manufacture, transport, shipment or possession of an undetectable knife. Enacts Brianna's Law; requires that operators of mechanically propelled vessels complete a boating safety course. Establishes in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.

Relates to the care of animals; requires regular diurnal light cycles of either natural or artificial light; requires separate space for pregnant or nursing dogs; requires a certain level of sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming. Provides that the board of elections will mail special ballots to victims of domestic violence with sufficient time to cast such ballot prior to the close of polls.

Creates the crime of staging a motor vehicle accident. Provides that an individual who has been the victim of a family offense pursuant to the criminal procedure law or the family court act may make a complaint to any local law enforcement agency in the state regardless of where the act took place. Expands the crimes included in domestic violence to include identity theft, grand larceny and coercion, for purposes of assistance to victims thereof. Prohibits discrimination against religious attire and appurtenances thereto, including facial hair.

Extends the effectiveness of certain provisions of chapter of the laws of , amending the family court act and the social services law, relating to removing special powers granted to the society for the prevention of cruelty to children. Relates to designating a portion of state route thirty-seven and county route twenty-eight as the "Charles 'Chuck' Kelly Memorial Highway" in the town of Lisbon. Designates a portion of the state highway system in the town of Nichols, county of Tioga, on state route seventeen between exits sixty-two and sixty-three as the "Dennis 'Matt' Howe Memorial Highway".

Provides increased protections for protected classes and special protections for employees who have been sexually harassed; prohibits nondisclosure agreements related to discrimination; prohibits mandatory arbitration clauses related to discrimination; requires employers to provide employees notice of their sexual harassment prevention training program in writing in English and in employees' primary languages; extends the statute of limitations for claims resulting from unlawful or discriminatory practices constituting sexual harassment to three years; requires review and update of the model sexual harassment prevention guidance document and sexual harassment prevention policy; and directs the commissioner of labor to conduct a study on strengthening sexual harassment prevention laws.

Makes certain chapter amendments relating to law providing increased protections for protected classes and special protections for employees who have been sexually harassed and relates to the effectiveness of certain claims. Requires the anchoring of furniture and electronics in child day care centers and certain other facilities. Enacts "Harper's Law" which will require that retailers who sell certain new furniture offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.

Relates to child abuse in an educational setting; clarifies that it includes individuals employed by a school and individuals employed by a person or entity that contracts with a school to provide transportation services.

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Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings. Requires a bank or financial institution selling or transferring a mortgage during a modification process to provide the borrower with a written list of all documents relating to such application for modification that were provided to the bank or financial institution to which such mortgage was sold or transferred; and relates to the obligations of subsequent mortgage servicer shall assume all duties and obligations related to any previously approved first lien loan modification or other foreclosure prevention alternative.

Provides for the regulation of distressed home loans. Deed Theft Bill. Requires a servicer in a mortgage foreclosure action of residential real property to pay homeowners' association or cooperative fees as needed to maintain the property. Extends provisions relating to enforcement of support obligations through the suspension of driving privileges.

Prohibits vessels from operating, anchoring or mooring in the navigable waters of the state while operating a digital billboard. Defines "victim of domestic violence"; prohibits employers from discriminating against victims of domestic violence. Waives the state fee for marriage licenses when either party making application for such marriage license is a member of the United States armed forces on active duty and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates when either applicant is a member of the United States armed forces on active duty.

Relates to the definition of a "child victim" and to awards for certain child victims. Limits the awards available to certain victims of unlawful surveillance crimes. Exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions pertaining to non-economic loss and providing for limitation of joint liability.

Authorizes the authorities budget office to suspend local authority board members and executive staff for failure to submit any report required by public authorities law section Relates to restrictions on a sex offender's custody of or visitation with a child. Enacts the pension poaching prevention act to prevent financial planners, insurance agents, and other professionals from luring veterans and their family members to pay substantial funds for veterans' benefits services that the offering entity is unqualified to provide and that can detrimentally impact the future financial situations of the veteran and his or her dependents.

Requires that certain crimes related to fraudulent practices in respect to stocks, bonds and other securities and conducting business in the state be commenced within six years. Requires each industrial development agency to live stream and post video recordings of all open meetings and public hearings; requires each industrial development agency to post such recordings for a period of not less than five years.

Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit.

Requires the commissioner of education to make recommendations to the board of regents relating to instruction on preventing child sexual exploitation and child abuse in grades kindergarten through eight. Authorizes the sale of cider, mead, braggot and wine at games of chance. Extends the effectiveness of provisions of law relating to temporary retail permits issued by the state liquor authority; extends provisions from to Relates to the appointment and promotion of supervisors of the emergency medical service.

New York State Law

Extends certain provisions relating to the public library construction grant program to Amends a chapter of the laws of relating to the establishment of a pilot program to provide job and vocational skills training to youth who have been adjudicated juvenile delinquents or juvenile offenders residing in a facility overseen by the office of children and family services, in relation to making certain provisions permanent; and providing for the repeal of provisions upon the expiration thereof.

Relates to requiring notification of the appointment of a temporary operator in certain adult care facilities. Our apprenticeship program offers world-class training and good wages with benefits. Nonunion construction comes up short when it comes to training and wages. And while we are creating a pathway to the middle class for hard-working men and women across the five boroughs, the anti-union corporate interests Berman [Richard Berman of the anti-union Employment Policies Institute] represents have yet to lift a finger to advance diversity in construction—despite the fact that African-Americans are severely underrepresented in the non-union construction sector.

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The building trades resisted changes in their protocols and structures for many decades, and the fight to extend union representation to all workers, white and of color, men and women, has been bitter. But a significant transformation now seems to be happening. The remainder of the paper will examine the data available to assess the current racial diversity in both the union and nonunion construction sectors and to examine the diversity of trends among union apprentices over the last two decades.

This analysis is based on three sources of data. The first is the monthly Current Population Survey CPS household survey, regularly collected by the Bureau of Labor Statistics BLS to track unemployment and other labor force characteristics and outcomes, including wages. The second is the U. The third source is data on union construction apprenticeships. The Current Population Survey collects information from roughly 60, households each month, which produces observations on approximately , wage earners each year.

The CPS provides information on the age, gender, education, occupation, industry, and geographic location of each wage earner and their employment status employed, unemployed, not in the labor force and wages see EPI The CPS also provides information on whether a wage earner is a union member or covered by a collective bargaining agreement our analysis considers both of these types of workers to be in the union sector. This study examines union and nonunion workers in construction occupations in the construction industry. A weakness in the CPS industry classification system is that it puts all workers in construction into one aggregate category and does not identify key subsectors.

This is a weakness because collective bargaining is stronger in some construction sectors than in others e. So, a comparison between the union and nonunion sectors necessarily compares workers in differing parts of the construction industry. Another limitation is that the CPS sample includes households based on where they live not work, so the data cover construction workers who live in New York City, not work in New York City. The data analyzed are based on a sample of construction industry workers who live in New York City and are ages 18 to The sample is used as a cross section and includes 10 years of data, the — period, to get a robust sample size.

Last, in order to isolate the blue-collar workforce we examine subsamples defined by either education or occupation. The conventional approach, which we will follow, is to examine all workers who have less than a college degree. This separates those who are likely in the collective bargaining unit from those who are more likely to be supervisors or white-collar workers.

We will also examine by occupation. The included occupations are listed in Appendix. To compare with the broader market, when the analysis is of construction workers, the comparison is made to all non-construction blue-collar workers; when the analysis is of non—college graduates working in construction the comparison is made to all non—college graduate workers. Census Bureau These data, compiled from employer reports to the unemployment compensation system and from the U. Census Bureau matching these data to other sources, such as the decennial Census surveys, enable us to identify the education and demographic characteristics of employment in each sector.

The advantages of these data are that they provide breakdowns for detailed three- and four-digit construction sectors. However, the analysis breaks down the building sector into residential and nonresidential. This allows a comparison of the sectors where collective bargaining is strong to the one where we know it is weak: residential construction. We could also do a broader look at the New York metro area.

The clear weakness is that these data do not allow a direct comparison of the union and nonunion workforces. Another weakness is that these data report on all the workers in a subsector, which would include both the blue-collar as well as the white-collar jobs. We requested but were not able to obtain data from the U.

Census Bureau by education and by occupational group. The apprenticeship data presented in the report are based on apprenticeship programs affiliated with those unions associated with the Building and Construction Trades Council of Greater New York. The data are aggregations of reports, filed by particular unions, that report the number of apprentices and their racial, ethnic, and gender breakdowns. This study examines the demographic composition of apprentices who are New York City residents.

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The earliest data are based on the findings of Fuchs, Warren, and Bayer who provide data for , , and in Figure 5 of their report. We are not aware of any data on the demographic composition of apprentices in the nonunion sector. We start our analysis with the CPS data on construction occupations in the construction industry sector among those living in New York City.

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  • Table 1 provides a demographic breakdown of the union and nonunion sectors and displays the breakdown among other blue-collar occupations as a point of comparison. Non-Hispanic whites are a minority in both the union and nonunion workforces in the New York City blue-collar construction occupations.

    However, non-Hispanic whites constitute a larger share of employment in the union sector, Minorities held This is below the minority share in the nonunion sector because Hispanics represented nearly half Blacks make up Blacks are severely underrepresented in the nonunion blue-collar construction workforce, comprising just Hispanics had Hispanics are heavily overrepresented in the nonunion construction sector, where they make up nearly half— All others make up 3. This group is also underrepresented in the nonunion sector, but less so As the Columbia University study Fuchs, Warren, Bayer documented, there have been impressive improvements in the diversity of those being brought into the union construction sector via the apprenticeship programs.

    To gauge how much impact this has had on construction employment in the union sector we examined the same group as above but separated out those ages 18—40 from those ages 41—64 Table 2.

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    • This will not capture all the progress since these data average over the years to —had we enough data to examine the last few years, the apprenticeship data suggest the diversity of the younger workers is even greater. The share of non-Hispanic whites in the union sector was Correspondingly, minorities held The share of blacks in the younger union workforce is comparable to that of the older union workforce, at Hispanics are much more represented in the younger This pattern suggests that the declining share of union construction jobs held by non-Hispanic whites facilitated the growth of Hispanic employment.

      Blacks are more underrepresented in the young nonunion construction workforce just This suggests that black underrepresentation has been growing in the nonunion construction sector whereas it has been stable in the union sector which has less underrepresentation. One of the major patterns we have identified is that Hispanic workers have greatly increased their share of employment in both the union and nonunion construction sectors.

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      Hispanics now account for more than half the younger nonunion workforce So, the share of jobs held by Hispanics has grown in both the union and nonunion sectors and Hispanics are overrepresented in both sectors. However, the overrepresentation of Hispanics has grown far more strongly in the nonunion than the union sector. Hispanics represent roughly the same share of the younger, ages 18—40 workforce in the union construction sector as do non-Hispanic whites, roughly 37—38 percent.

      Table 3 provides more detailed demographic information on the Hispanic workforces of the union and nonunion construction sectors. The bottom line is that Hispanic nonunion construction workers are younger, less educated, more likely to be immigrants and, if an immigrant, more likely to be a recent immigrant than Hispanic union construction workers. The data available do not allow any examination of work authorization status so it cannot be determined how many undocumented workers are employed in each sector. However, the profile of the nonunion Hispanic workforce fits the profile of many undocumented workers: young, less-educated, and having a recent immigrant status.

      Only Hispanic construction workers in the union sector are far more likely to be native born Of the unionized Hispanic construction workers who are immigrants, nearly three-fourths Given that Hispanics in the nonunion sector are much younger, are less educated nearly half lack a high school degree , and are more likely to be an immigrant and a recent immigrant, it is not surprising that they earn substantially less than Hispanics in the union sector, as discussed in the next section.

      Before moving on to our wage analysis we provide an alternative way to examine employment diversity in construction. This is a different method for trying to identify those likely to be in a collective bargaining unit and not being in white-collar occupations. Table 4 affirms the analysis above that was based on looking at construction occupations. The union construction sector employs Hispanics roughly in proportion to their representation among all non—college degree workers and over-represents white workers.

      The union sector has fewer black workers relative to the overall market but the nonunion construction sector is where black workers are severely underrepresented: blacks make up just Roughly half of non—college degree workers in the nonunion construction sector are Hispanics, substantially above the As we saw above, the nonunion construction sector greatly overrepresents Hispanics and severely underrepresents black workers.

      Again, the analysis is for workers living in New York City who work in construction occupations in the construction industry. That construction workers earn more than other blue-collar workers, especially among union workers, helps to explain why issues of inclusion in construction have been so important. For instance, union construction workers earn White workers in nonunion construction actually earn less than white workers in other nonunion blue-collar jobs and nonunion black and Hispanic construction workers enjoy a small premium over their blue-collar comparables.

      Thus, union construction jobs offer both the highest wages for black and Hispanic blue-collar workers and subject them to the least wage discrimination. It is noteworthy that in the union sector workers doing the same job are paid the same. These are compiled from unemployment insurance records, with the bureau matching these data to other sources to estimate the race and ethnicity of the workforce. The advantage of these data is that they report on employment in New York City not just those living in the city and do so for detailed construction industries. A weakness is that they do not allow a separate tabulation of nonunion and union sectors.

      The only way to draw conclusions about union—nonunion differences is to compare sectors that are more heavily covered by collective bargaining to those with lower bargaining density—primarily residential construction. Another weakness is that the employment data are for all employees in the detailed industry, including the white-collar and management employees not in any union. The table also presents both subsectors of the building sector, residential and nonresidential. Unfortunately, there are no readily available estimates of collective bargaining coverage by construction sector in New York City.

      The pervasiveness of collective bargaining in New York City prevents any strong conclusions being reached with these data.