Senate Bill S6054

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6054
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Section 412 of the social services law is amended by adding
 two new subdivisions 10 and 11 to read as follows:
   10. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME  MEAN-
 ING AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINE-
 TY-NINE-AA OF THE PUBLIC HEALTH LAW.
   11.  "PERSON"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION
 THREE OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THE  PUBLIC  HEALTH
 LAW.
   §  2.    Section 413 of the social services law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A.   NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY
 IMPOSING  A DUTY OF CONFIDENTIALITY, ANY PERSON SUBJECT TO THE REPORTING
 REQUIREMENTS OF THIS TITLE SHALL REPORT OR CAUSE A REPORT TO BE MADE  IN
 ACCORDANCE  WITH THIS TITLE WHEN, AS A RESULT OF PERFORMING SUCH DUTIES,
 SUCH PERSON HAS REASONABLE  CAUSE  TO  SUSPECT  THAT  A  PERSON  ALLOWS,
 ENABLES  OR PROVIDES A CHILD TO USE ELECTRONIC CIGARETTES, INCLUDING BUT
 NOT LIMITED TO: ANY STORE THAT DISTRIBUTES SUCH PRODUCTS TO MINORS;  AND
 ANY  PARENT OR LEGAL GUARDIAN WHO HELPS A CHILD PURCHASE OR PROVIDE SUCH
 PRODUCTS IN VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-NINE-BB OF  THE
 PUBLIC HEALTH LAW.
   §  3. Section 414 of the social services law, as added by chapter 1039
 of the laws of 1973, is amended to read as follows:
   § 414.  Any person permitted to report.  In addition to those  persons
 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.
              

                                                            LBD11656-01-9

 S. 6054                             2
 
 THE USE OF ELECTRONIC CIGARETTES BY A CHILD  PURSUANT  TO  SECTION  FOUR
 HUNDRED FIFTEEN OF THIS TITLE, any person may make such a report if such
 person  has  reasonable  cause  to suspect that a  child is an abused or
 maltreated child OR IF A PERSON ALLOWS, ENABLES OR PROVIDES A CHILD WITH
 ELECTRONIC  CIGARETTES  IN VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-BB OF THE PUBLIC HEALTH LAW.
   § 4. Section 415 of the social services law is amended by adding a new
 undesignated paragraph to read as follows:
   REPORTS OF SUSPECTED ALLOWING, ENABLING  OR  PROVIDING  OF  ELECTRONIC
 CIGARETTES  TO  A CHILD IN VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-BB OF THE PUBLIC HEALTH LAW MADE PURSUANT TO THIS  TITLE  SHALL  BE
 MADE  IMMEDIATELY  BY  TELEPHONE OR BY TELEPHONE FACSIMILE MACHINE. ORAL
 REPORTS SHALL BE FOLLOWED BY A  REPORT  IN  WRITING  WITHIN  FORTY-EIGHT
 HOURS  AFTER  SUCH  ORAL  REPORT. SUCH ORAL AND WRITTEN REPORTS SHALL BE
 MADE TO ANY POLICE OFFICER OR AGENT AUTHORIZED TO  LAWFULLY  INVESTIGATE
 ACTS  OF  SUSPECTED CHILD ABUSE, MALTREATMENT, OR THE PROVISION OF ELEC-
 TRONIC CIGARETTES TO A CHILD.  FOR PURPOSES OF THIS  PARAGRAPH,  WRITTEN
 REPORTS  SHALL DISCLOSE ONLY SUCH LIMITED CONFIDENTIAL INFORMATION AS IS
 NECESSARY FOR SUCH POLICE OFFICER TO IDENTIFY THE CHILD'S  LOCATION  AND
 STATUS;  THE  NAME  AND  ADDRESS  OF THE PERSON OR PERSONS ALLEGED TO BE
 RESPONSIBLE FOR ALLOWING, ENABLING OR PROVIDING ELECTRONIC CIGARETTES TO
 A CHILD IN VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-NINE-BB  OF  THE
 PUBLIC HEALTH LAW; THE SOURCE OF THE REPORT; THE NAME, ADDRESS AND TELE-
 PHONE  NUMBER  OF  THE PERSON MAKING THE REPORT; AND ANY ACTION TAKEN BY
 THE REPORTING SOURCE WITH REGARD TO SUCH VIOLATION. WRITTEN REPORTS FROM
 PERSONS OR OFFICIALS REQUIRED BY THIS TITLE TO REPORT MAY  BE  SUBMITTED
 ELECTRONICALLY  AND  SHALL  BE ADMISSIBLE IN ANY PROCEEDINGS RELATING TO
 CHILD ABUSE OR MALTREATMENT.
   § 5. Section 419 of the social services law, as amended by chapter  12
 of the laws of 1996, is amended to read as follows:
   §  419. Immunity from liability.  Any person, official, or institution
 participating in good faith in the providing of a  service  pursuant  to
 section  four hundred twenty-four of this title, the making of a report,
 the taking of photographs, the removal or keeping of a child pursuant to
 this title, REPORTING THE ALLOWING, ENABLING OR PROVIDING OF  ELECTRONIC
 CIGARETTES  TO  A CHILD IN VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-BB OF THE PUBLIC HEALTH LAW PURSUANT TO THIS TITLE, or the  disclo-
 sure  of  child  protective  services  information  in  compliance  with
 sections twenty, four hundred twenty-two and four  hundred  twenty-two-a
 of  this chapter shall have immunity from any liability, civil or crimi-
 nal, that might otherwise result by reason  of  such  actions.  For  the
 purpose of any proceeding, civil or criminal, the good faith of any such
 person, official, or institution required to report cases of child abuse
 or  maltreatment or providing a service pursuant to section four hundred
 twenty-four or the disclosure of child protective  services  information
 in  compliance  with  sections  twenty, four hundred twenty-two and four
 hundred twenty-two-a of this chapter shall be  presumed,  provided  such
 person,  official or institution was acting in discharge of their duties
 and within the scope of their employment, and that  such  liability  did
 not  result  from  the  willful  misconduct  or gross negligence of such
 person, official or institution.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.