S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2171

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.