What's happening
This bill requires mandatory reporting of anyone allowing, enabling, or providing electronic cigarettes to children, expanding child protection laws.
Why it matters
Expands child protection laws to explicitly include the provision, enabling, or allowance of electronic cigarettes (e-cigarettes) to minors as a reportable offense. , putting e-cigarette access on par with other forms of child endangerment or maltreatment.
Imposes a mandatory reporting duty on professionals and others covered by child protection statutes. including teachers, medical staff, and social workers—to report suspected cases where adults (including parents, guardians, or retailers) provide or facilitate e-cigarette access to children.
Establishes clear procedures for how such cases should be reported. , including immediate oral notification to law enforcement, followed by a written report within 48 hours, which must contain specific details but limit confidential information to what is necessary for child safety and investigation purposes.
Grants legal immunity to individuals who report suspected violations in good faith. , protecting mandated reporters and others from civil or criminal liability, which may encourage more proactive reporting and intervention in cases of youth e-cigarette use.
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Who cares
Mandated child-abuse reporters
The bill would require them to report reasonable suspicions arising from their duties that someone allows, enables or provides a child to use electronic cigarettes, notwithstanding confidentiality requirements.
Stores distributing electronic cigarettes to minors
Their conduct would be expressly covered by the new reporting requirement.
Parents and legal guardians
Helping a child purchase or providing electronic cigarettes in violation of the cited public health law could trigger a report.
Police officers and authorized investigators
They would receive immediate telephone or fax reports, with oral reports followed by written reports within 48 hours.
Headline styles
Report E-Cigs Given to Kids
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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 meaning as defined in subdivision thirteen of section thirteen hundred ninety-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 ninetynine-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 ninetynine-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 electronic 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 telephone 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 ninetynine-bb of the public health law pursuant to this title, 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 have immunity from any liability, civil or criminal, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To establish rules to prevent individuals from allowing minors to obtain electronic cigarettes.
Summary of provisions
Section 1. amends section 412 of the Social Services Law by adding new subdivisions 10 and 11 to define "electronic" cigarette or "e-cigarette" and person.
Section 2. amends section 413 of the Social Services Law by adding a new subdivision 1-a to require those with mandatory reporting responsibility under the social services law to issue oral and written reports to law enforcement and other agents of incidents of suspected distribution of e-cigarettes to minors.
Section 3. amends section 414 of the Social Services Law by providing that in addition to any individual required to report under section 415 of the social services law, any other individual may report suspected distribution of electronic cigarettes to minors.
Section 4. amends section415 of the Social Services Law by adding a new undesignated paragraph by providing the format requirements of oral and written reports.
Section 5. amends section 419 of the Social Services Law by providing immunity for reporters of distribution of electronic cigarettes to minors.
Section 6. is the enacting clause.
Justification
Minors and in particular high school and middle school age individuals are the most at-risk group for use of e-cigarettes and tobacco products. Often these products are obtained with the help of unscrupulous interme- diaries with little regard for the minors' safety. Sometimes minors simply have nobody to educate them or advocate on their behalf, and no way to discern when they are being harmed.
Under the social services law, many health care providers and social workers with a stake in the safety of children are required to report to the authorities instances of suspected child abuse or behavior that could seriously harm them. Mandatory reporters and immunity for volun- tary reporters will ensure needed advocacy on their behalf. Our intent is that, these reporters will reduce the prevalence of vaping and e-ci- garette use in a population preyed upon by those who wish to exploit them for selfish gain or simply have no regard for their safety.
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.