Senate Bill S4990

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

                                 4990--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the elder law, in relation to financial exploitation of
  the elderly and to amend the state finance law, in relation to  creat-
  ing the financial exploitation outreach, education and training fund

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

  Section 1. Section 202 of the elder law is amended  by  adding  a  new
subdivision 15 to read as follows:
  15.  TO CONDUCT AN OUTREACH, EDUCATION AND TRAINING PROGRAM FOR FINAN-
CIAL INSTITUTIONS AS DEFINED IN SUBDIVISION SIX OF SECTION 470.00 OF THE
PENAL LAW.
  S 2. The elder law is amended by adding a new section 219-a to read as
follows:
  S 219-A. FINANCIAL  EXPLOITATION,  OUTREACH,  EDUCATION  AND  TRAINING
PROGRAM.  1.  DEFINITIONS.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM
"DESIGNATED AGENCY" SHALL HAVE THE MEANING ASCRIBED TO IT UNDER  SECTION
TWO  HUNDRED  FOURTEEN  OF  THIS TITLE AND "FINANCIAL INSTITUTION" SHALL
HAVE THE MEANING ASCRIBED TO IT IN SUBDIVISION SIX OF SECTION 470.00  OF
THE PENAL LAW.
  2.  THE  DIRECTOR, WITHIN THE AMOUNTS APPROPRIATED THEREFOR, SHALL, IN
CONJUNCTION WITH THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  AND  THE
BANKING  DEPARTMENT, ESTABLISH A FINANCIAL EXPLOITATION OUTREACH, EDUCA-
TION AND TRAINING PROGRAM, HEREINAFTER REFERRED TO AS "THE PROGRAM"  FOR
THE  PURPOSE OF PROVIDING AN EDUCATION, OUTREACH AND TRAINING PROGRAM TO
FINANCIAL INSTITUTIONS, TO CERTIFIED PUBLIC ACCOUNTANTS LICENSED IN THIS
STATE, TO ANY PREPARER OF TAXES OPERATING IN THIS STATE AND TO ATTORNEYS
LICENSED IN THIS STATE. THE PROGRAM SHALL BE A  VOLUNTARY  PROGRAM.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07743-04-0
              

S. 4990--A                          2

DIRECTOR, IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES
AND  THE BANKING DEPARTMENT, SHALL COORDINATE ACTIVITIES TO IDENTIFY AND
PROVIDE TRAINING TO THE INSTITUTIONS AND INDIVIDUALS DESCRIBED  IN  THIS
SECTION.
  3. (A) AS PART OF THE PROGRAM, THE DIRECTOR MAY AWARD GRANTS TO QUALI-
FIED   DESIGNATED  AGENCIES  TO  ESTABLISH  LOCAL  ELDERLY  EXPLOITATION
OUTREACH, EDUCATION AND TRAINING PROGRAMS. QUALIFIED DESIGNATED AGENCIES
SHALL WORK COLLABORATIVELY WITH SUCH INSTITUTIONS AND  INDIVIDUALS,  AND
THEIR REPRESENTATIVE ASSOCIATIONS.
  (B) IN MAKING SUCH GRANTS, THE DIRECTOR SHALL CONSIDER:
  (1) THE MANNER IN WHICH THE DESIGNATED AGENCY PROPOSES TO PROVIDE SUCH
EDUCATION, OUTREACH AND TRAINING;
  (2)  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
  (3) ANY OTHER CRITERIA DETERMINED BY THE DIRECTOR TO BE APPROPRIATE.
  4.  THE PROGRAM SHALL, AT A MINIMUM, CONSIST OF THE FOLLOWING ELEMENTS
WHICH SHALL BE PROVIDED BY THE OFFICE:
  (A) EDUCATIONAL AND INFORMATIONAL MATERIALS IN PRINT,  AUDIO,  VISUAL,
ELECTRONIC OR OTHER MEDIA;
  (B)  PUBLIC  SERVICE  ANNOUNCEMENTS,  ADVERTISEMENTS, MEDIA CAMPAIGNS,
WORKSHOPS, MASS MAILINGS, CONFERENCES OR PRESENTATIONS; AND
  (C) INSTRUCTIONS ON HOW TO REPORT  KNOWN  OR  SUSPECTED  INCIDENTS  OF
FINANCIAL  EXPLOITATION  OF THE ELDERLY, INCLUDING THE APPROPRIATE TELE-
PHONE NUMBERS TO CALL AND THE TYPES OF INFORMATION THAT WOULD ASSIST THE
OFFICE WITH ITS INVESTIGATION OF SUCH REPORTS.
  5. THE DIRECTOR SHALL CONVENE AN ADVISORY  COMMITTEE  MADE  UP  OF  AT
LEAST  TEN,  BUT  NO MORE THAN TWENTY MEMBERS TO ADVISE THE DIRECTOR AND
MAKE RECOMMENDATIONS ON THE ASPECTS OF DEVELOPING AND  IMPLEMENTING  THE
PROGRAM.  MEMBERS  OF  THE  ADVISORY COMMITTEE SHALL INCLUDE, BUT NOT BE
LIMITED TO: AT LEAST THREE REPRESENTATIVES FROM STATEWIDE SENIOR ADVOCA-
CY ORGANIZATIONS, AT LEAST ONE ATTORNEY WHOSE PRACTICE  CONCENTRATES  IN
ELDER  LAW OR AN INDIVIDUAL ACTING ON BEHALF OF THE ELDER LAW SECTION OF
THE NEW YORK STATE BAR ASSOCIATION, AT LEAST ONE BANKER OR  A  REPRESEN-
TATIVE  OF  AN  ASSOCIATION REPRESENTING BANKERS, AT LEAST ONE CERTIFIED
PUBLIC ACCOUNTANT OR A REPRESENTATIVE  OF  AN  ASSOCIATION  REPRESENTING
CERTIFIED  PUBLIC ACCOUNTANTS, AT LEAST TWO MEMBERS REPRESENTING PROTEC-
TIVE SERVICE AGENCIES FOR ADULTS,  AND  AT  LEAST  TWO  LAW  ENFORCEMENT
REPRESENTATIVES.
  S  3. The state finance law is amended by adding a new section 99-r to
read as follows:
  S 99-R. FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  COMPTROLLER
AND  THE  SUPERINTENDENT  OF BANKS A SPECIAL REVENUE FUND TO BE KNOWN AS
THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND.
  2. THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND  TRAINING  FUND
SHALL  CONSIST  OF ALL MONEYS, APPROPRIATED THERETO, AND ALL OTHER FEES,
FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED OR TRANSFERRED  THERETO
FROM ANY OTHER FUND OR SOURCE.
  3.  THE  MONEYS OF THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND
TRAINING FUND SHALL BE DISBURSED BY THE COMPTROLLER TO THE STATE  OFFICE
FOR THE AGING FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS
TWO HUNDRED NINETEEN AND TWO HUNDRED NINETEEN-A OF THE ELDER LAW.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.