Bill Text: NY S06054 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the mandatory reporting of a person allowing, enabling or providing electronic cigarettes to a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S06054 Detail]
Download: New_York-2019-S06054-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6054 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to the reporting of a person allowing, enabling or providing electronic cigarettes to a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 412 of the social services law is amended by adding 2 two new subdivisions 10 and 11 to read as follows: 3 10. "Electronic cigarette" or "e-cigarette" shall have the same mean- 4 ing as defined in subdivision thirteen of section thirteen hundred nine- 5 ty-nine-aa of the public health law. 6 11. "Person" shall have the same meaning as defined in subdivision 7 three of section thirteen hundred ninety-nine-aa of the public health 8 law. 9 § 2. Section 413 of the social services law is amended by adding a 10 new subdivision 1-a to read as follows: 11 1-a. Notwithstanding any other provision of law to the contrary 12 imposing a duty of confidentiality, any person subject to the reporting 13 requirements of this title shall report or cause a report to be made in 14 accordance with this title when, as a result of performing such duties, 15 such person has reasonable cause to suspect that a person allows, 16 enables or provides a child to use electronic cigarettes, including but 17 not limited to: any store that distributes such products to minors; and 18 any parent or legal guardian who helps a child purchase or provide such 19 products in violation of section thirteen hundred ninety-nine-bb of the 20 public health law. 21 § 3. Section 414 of the social services law, as added by chapter 1039 22 of the laws of 1973, is amended to read as follows: 23 § 414. Any person permitted to report. In addition to those persons 24 and officials required to report suspected child abuse or maltreatment, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11656-01-9S. 6054 2 1 the use of electronic cigarettes by a child pursuant to section four 2 hundred fifteen of this title, any person may make such a report if such 3 person has reasonable cause to suspect that a child is an abused or 4 maltreated child or if a person allows, enables or provides a child with 5 electronic cigarettes in violation of section thirteen hundred ninety- 6 nine-bb of the public health law. 7 § 4. Section 415 of the social services law is amended by adding a new 8 undesignated paragraph to read as follows: 9 Reports of suspected allowing, enabling or providing of electronic 10 cigarettes to a child in violation of section thirteen hundred ninety- 11 nine-bb of the public health law made pursuant to this title shall be 12 made immediately by telephone or by telephone facsimile machine. Oral 13 reports shall be followed by a report in writing within forty-eight 14 hours after such oral report. Such oral and written reports shall be 15 made to any police officer or agent authorized to lawfully investigate 16 acts of suspected child abuse, maltreatment, or the provision of elec- 17 tronic cigarettes to a child. For purposes of this paragraph, written 18 reports shall disclose only such limited confidential information as is 19 necessary for such police officer to identify the child's location and 20 status; the name and address of the person or persons alleged to be 21 responsible for allowing, enabling or providing electronic cigarettes to 22 a child in violation of section thirteen hundred ninety-nine-bb of the 23 public health law; the source of the report; the name, address and tele- 24 phone number of the person making the report; and any action taken by 25 the reporting source with regard to such violation. Written reports from 26 persons or officials required by this title to report may be submitted 27 electronically and shall be admissible in any proceedings relating to 28 child abuse or maltreatment. 29 § 5. Section 419 of the social services law, as amended by chapter 12 30 of the laws of 1996, is amended to read as follows: 31 § 419. Immunity from liability. Any person, official, or institution 32 participating in good faith in the providing of a service pursuant to 33 section four hundred twenty-four of this title, the making of a report, 34 the taking of photographs, the removal or keeping of a child pursuant to 35 this title, reporting the allowing, enabling or providing of electronic 36 cigarettes to a child in violation of section thirteen hundred ninety- 37 nine-bb of the public health law pursuant to this title, or the disclo- 38 sure of child protective services information in compliance with 39 sections twenty, four hundred twenty-two and four hundred twenty-two-a 40 of this chapter shall have immunity from any liability, civil or crimi- 41 nal, that might otherwise result by reason of such actions. For the 42 purpose of any proceeding, civil or criminal, the good faith of any such 43 person, official, or institution required to report cases of child abuse 44 or maltreatment or providing a service pursuant to section four hundred 45 twenty-four or the disclosure of child protective services information 46 in compliance with sections twenty, four hundred twenty-two and four 47 hundred twenty-two-a of this chapter shall be presumed, provided such 48 person, official or institution was acting in discharge of their duties 49 and within the scope of their employment, and that such liability did 50 not result from the willful misconduct or gross negligence of such 51 person, official or institution. 52 § 6. This act shall take effect on the thirtieth day after it shall 53 have become a law.