S2171-2013 Actions

• Jan 14, 2013: REFERRED TO AGING

S2171-2013 Meetings

S2171-2013 Memo

BILL NUMBER:S2171

TITLE OF BILL:  An act to amend the elder law, in relation to the elder-
ly abuse education and outreach program

PURPOSE:    To  ensure  that  the  existing  elderly abuse education and
outreach program within the state Office for the Aging  includes  educa-
tion and outreach devoted to the prevention of financial exploitation.

SUMMARY OF PROVISIONS:

Section  1  amends  the  elder  law by adding a definition of "financial
institution and the  definition  of  "financial  exploitation  currently
defined  in  the social services law. In addition, this section requires
the director to include within the program a financial outreach,  educa-
tion,  and  training  program  for  CPAs,  attorneys, tax preparers, and
financial institutions, so that such  entities  can  spot  and  possibly
Prevent instances of financial exploitation against the elderly.

JUSTIFICATION:  Financial exploitation and abuse among older adults is a
serious  and growing problem. While anyone can become a victim of finan-
cial exploitation, older adults are especially  vulnerable.  Nationwide,
it  is  estimated that $40 billion is lost annually through scams, theft
and stolen property. unfortunately, age  and  disability  often  require
that relatives, friends and others are solicited to help manage finances
and  thus are given easy access to their assets. Perceptions of physical
and mental limitations often make financial abuse easy and low risk.

This legislation ensures that the current elderly  abuse  education  and
outreach  program  includes a financial exploitation component for those
working with financial information and to help the public understand and
identify possible abuse.

LEGISLATIVE HISTORY:  2007-08 A.3765A (similar legislation) Referred  to
codes  2009-10  A.3886  (similar  legislation) Referred to banks 2010-11
A.4541 (similar legislation) Referred to banks

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  The act shall take effect 120  days  after  it  becomes
law.

S2171-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2171
 2013-2014 Regular Sessions
 I N  SENATE
 January 14, 2013
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Aging
 

AN ACT to amend the elder law, in relation to the elderly  abuse  educa
 tion and outreach program
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivisions 1 and 2 of section 219 of the elder  law  are
 amended to read as follows:

 1.  Definitions.  For  the  purposes  of  this  section, (A) the terms
 "designated agency" and "elderly person" shall have the same meaning  as
 ascribed to them in section two hundred fourteen of this title;
 (B) THE TERM "FINANCIAL INSTITUTION" SHALL MEAN ANY OF THE FOLLOWING:

 (1) A DEPOSITORY INSTITUTION, AS DEFINED IN SECTION 3(C) OF THE FEDER
 AL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(C));
 (2) AN INSTITUTION-AFFILIATED PARTY, AS DEFINED IN SECTION 3(U) OF THE
 FEDERAL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(U));
 (3)  A  FEDERAL  CREDIT  UNION  OR  STATE  CREDIT UNION, AS DEFINED IN
 SECTION 101 OF THE FEDERAL CREDIT  UNION  ACT  (12  U.S.C.  SEC.  1752),
 INCLUDING,  BUT  NOT  LIMITED  TO,  AN INSTITUTION-AFFILIATED PARTY OF A
 CREDIT UNION, AS DEFINED IN SECTION 206(R) OF THE FEDERAL  CREDIT  UNION
 ACT (12 U.S.C.  SEC. 1752(R)); AND
 (C)  THE  TERM "FINANCIAL EXPLOITATION" SHALL MEAN THE IMPROPER USE OF
 AN ELDERLY PERSON'S FUNDS, PROPERTY, OR RESOURCES BY ANOTHER INDIVIDUAL,
 INCLUDING BUT NOT LIMITED  TO,  FRAUD,  FALSE  PRETENSES,  EMBEZZLEMENT,
 CONSPIRACY,  FORGERY,  FALSIFYING RECORDS, COERCED PROPERTY TRANSFERS OR
 DENIAL OF ACCESS TO ASSETS.
 2. The director, within the amounts appropriated therefor,  shall,  in
 conjunction  with  the office of children and family services, establish
 an elderly abuse education and outreach program HEREINAFTER REFERRED  TO
 IN THIS SECTION AS THE "PROGRAM," for the purpose of providing education
 and  outreach to the general public, including elderly persons and their
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04740-01-3
 
       S. 2171                             2
 families and caregivers, to identify and prevent elderly abuse,  neglect
 and  exploitation. THIS PROGRAM SHALL ALSO INCLUDE A FINANCIAL OUTREACH,
 EDUCATION AND TRAINING PROGRAM, FOR THE PURPOSE OF PROVIDING  AN  EDUCA
 TION,  OUTREACH  AND  TRAINING  PROGRAM  TO CERTIFIED PUBLIC ACCOUNTANTS
 LICENSED IN THIS STATE, ATTORNEYS LICENSED IN THIS STATE,  ANY  PREPARER
 OF  TAXES  OPERATING  IN  THIS  STATE,  AND TO FINANCIAL INSTITUTIONS AS
 DEFINED IN PARAGRAPH (B) OF SUBDIVISION  ONE  OF  THIS  SECTION  LOCATED
 WITHIN THIS STATE.
 

S  2.  Subparagraphs  3  and  4  of  paragraph (b) of subdivision 3 of
 section 219 of the elder law are amended to read as follows:

 (3) the capacity of the designated agency to coordinate  its  services
 with health, human service and law enforcement and public agencies which
 provide  services  or  assistance  to  the  elderly, including the local
 department of social services adult protective services unit; [and] OR
 (4) THE CAPACITY OF THE DESIGNATED AGENCY TO COORDINATE  ITS  SERVICES
 WITH  BANKING,  HUMAN  SERVICE  AND  LAW ENFORCEMENT AND PUBLIC AGENCIES
 WHICH PROVIDE SERVICES OR ASSISTANCE TO THE ELDERLY, INCLUDING THE LOCAL
 DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES UNIT; AND
 (5) any other criteria determined by the director to be appropriate.
 

S 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation  of this act on its effective date is authorized to be made on or
 before such date.

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