S T A T E   O F   N E W   Y O R K
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                                  5604
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                              March 4, 2013
                               ___________
Introduced  by  M. of A. ENGLEBRIGHT, JACOBS, BENEDETTO, MAISEL, RIVERA,
  LUPARDO, TITUS, MILLMAN, CYMBROWITZ, PEOPLES-STOKES, DINOWITZ,  ROBIN-
  SON, MARKEY, CLARK, GABRYSZAK, HOOPER, ROSENTHAL -- Multi-Sponsored by
  --  M.  of  A.  ABBATE,  BROOK-KRASNY,  FARRELL,  GOTTFRIED, V. LOPEZ,
  MAGNARELLI,  ORTIZ,  PERRY,  SWEENEY,  WEISENBERG  --  read  once  and
  referred to the Committee on Banks
AN ACT to amend the banking law and the elder law, in relation to finan-
  cial  exploitation; and to amend the state finance law, in relation to
  establishing  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. The banking law is amended by adding a new section  9-v  to
read as follows:
  S  9-V.  REPORTING  OF SUSPECTED FINANCIAL EXPLOITATION. 1. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "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. 1786(R)).
  (B) "ELDERLY PERSON" SHALL MEAN A PERSON SIXTY YEARS OF AGE OR OLDER.
  (C) "FINANCIAL EXPLOITATION" SHALL MEAN IMPROPER  USE  OF  AN  ELDERLY
PERSON'S  FUNDS,  PROPERTY OR RESOURCES BY ANOTHER INDIVIDUAL, INCLUDING
BUT NOT LIMITED TO FRAUD, FALSE PRETENSES, MISREPRESENTATION,  EMBEZZLE-
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04824-01-3
              
             
                          
                A. 5604                             2
MENT,  CONSPIRACY,  FORGERY, FALSIFYING RECORDS, COERCED PROPERTY TRANS-
FERS OR DENIAL OF ACCESS TO ASSETS.
  2. ANY CERTIFIED PUBLIC ACCOUNTANT OR ATTORNEY LICENSED IN THIS STATE,
ANY  PREPARER  OF  TAXES  OPERATING  IN  THIS  STATE, AND ANY OFFICER OR
EMPLOYEE OF A FINANCIAL  INSTITUTION  LOCATED  WITHIN  THIS  STATE,  WHO
REVIEWS  OR APPROVES AN ELDERLY PERSON'S FINANCIAL DOCUMENTS, RECORDS OR
TRANSACTIONS,  IN  CONNECTION  WITH  PROVIDING  FINANCIAL  AND/OR  LEGAL
SERVICES  TO  OR  ON  BEHALF  OF  AN ELDERLY PERSON SHALL BE REQUIRED TO
REPORT IN ACCORDANCE WITH THIS SECTION WHEN SUCH INDIVIDUAL, WITHIN  THE
SCOPE  OF HIS OR HER EMPLOYMENT OR PROFESSIONAL PRACTICE, HAS REASONABLE
CAUSE TO BELIEVE THAT SUCH ELDERLY PERSON HAS BEEN OR IS BEING SUBJECTED
TO FINANCIAL EXPLOITATION. A  BANK  TELLER  SHALL  BE  EXEMPT  FROM  THE
REQUIREMENTS  OF THIS SECTION, PROVIDED THAT BANK TELLERS RECEIVE TRAIN-
ING APPROVED BY THE OFFICE FOR THE AGING ON IDENTIFYING SCAMS AND  OTHER
FORMS OF FINANCIAL EXPLOITATION.
  3. IN ADDITION TO THOSE PERSONS REQUIRED TO REPORT SUSPECTED FINANCIAL
EXPLOITATION UNDER THIS SECTION, ANY OTHER PERSON MAY MAKE SUCH A REPORT
IF  HE OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT AN ELDERLY PERSON HAS
BEEN OR IS BEING SUBJECTED TO FINANCIAL EXPLOITATION.
  4. REPORTS OF SUSPECTED  FINANCIAL  EXPLOITATION  UNDER  THIS  SECTION
SHALL  BE MADE IMMEDIATELY BY TELEPHONE OR AS SOON AS PRACTICABLY POSSI-
BLE, AND BY WRITTEN REPORT SENT WITHIN TWO WORKING  DAYS  TO  THE  ADULT
PROTECTIVE SERVICES UNIT OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES.
  5.  AN  ALLEGATION  BY  AN  ELDERLY  PERSON, OR ANY OTHER PERSON, THAT
FINANCIAL EXPLOITATION HAS OCCURRED IS SUFFICIENT TO TRIGGER THE REPORT-
ING REQUIREMENT IN SUBDIVISION TWO OF THIS SECTION.
  6. ANY PERSON WHO IN GOOD FAITH MAKES  A  REPORT  UNDER  THIS  SECTION
SHALL  HAVE  IMMUNITY  FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING
MADE SUCH A REPORT. FOR THE PURPOSE OF ANY PROCEEDING, CIVIL  OR  CRIMI-
NAL, THE GOOD FAITH OF ANY PERSON REQUIRED TO REPORT INSTANCES OF FINAN-
CIAL  EXPLOITATION  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL BE
PRESUMED.
  7. IF, AFTER A PROCEEDING WITH NOTICE AND A HEARING,  THE  SUPERINTEN-
DENT  DETERMINES  THAT  ANY PERSON REQUIRED BY THIS SECTION TO REPORT AN
INSTANCE OF SUSPECTED FINANCIAL EXPLOITATION  HAS  WILLFULLY  FAILED  TO
REPORT  SUCH INSTANCE, SUCH PERSON SHALL BE DEEMED TO HAVE VIOLATED THIS
SECTION AND SHALL BE SUBJECT TO A PENALTY NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS PER VIOLATION.
  S  2. Section 202 of the elder law is amended by adding a new subdivi-
sion 16 to read as follows:
  16. TO CONDUCT AN OUTREACH, EDUCATION AND TRAINING PROGRAM FOR  FINAN-
CIAL  INSTITUTIONS  AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION NINE-V OF THE BANKING LAW.
  S 3.  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.
  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 OUTREACH, EDUCATION AND TRAIN-
ING PROGRAM, HEREINAFTER REFERRED TO IN THIS SECTION AS  "THE  PROGRAM,"
FOR THE PURPOSE OF PROVIDING AN EDUCATION, 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,
A. 5604                             3
AND  TO FINANCIAL INSTITUTIONS AS DEFINED IN SECTION NINE-V OF THE BANK-
ING LAW LOCATED WITHIN THIS STATE. THE OUTREACH, EDUCATION AND  TRAINING
PROGRAM  SHALL BE A VOLUNTARY PROGRAM. THE DIRECTOR, IN CONJUNCTION WITH
THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND THE DEPARTMENT OF FINAN-
CIAL SERVICES, 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 FOR THE AGING:
  (A) EDUCATIONAL AND INFORMATIONAL MATERIALS IN PRINT,  AUDIO,  VISUAL,
ELECTRONIC OR OTHER MEDIA;
  (B)  PUBLIC  SERVICE  ANNOUNCEMENTS,  ADVERTISEMENTS, MEDIA CAMPAIGNS,
WORKSHOPS AND MASS MAILINGS;
  (C) CONFERENCES OR PRESENTATIONS DESIGNED TO  PROVIDE  INFORMATION  TO
THOSE INDIVIDUALS IDENTIFIED IN SUBDIVISION TWO OF SECTION NINE-V OF THE
BANKING LAW; AND
  (D)  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 THE REPORT.
  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 TWO REPRESENTATIVES FROM STATEWIDE SENIOR ADVOCACY
ORGANIZATIONS, AT LEAST ONE  REPRESENTATIVE  REPRESENTING  A  NON-PROFIT
SENIOR ORGANIZATION WHICH OPERATES AN ELDER ABUSE PREVENTION PROGRAM, AT
LEAST  ONE ATTORNEY WHOSE PRACTICE CONCENTRATES IN ELDER LAW OR AN INDI-
VIDUAL ACTING ON BEHALF OF THE ELDER LAW SECTION OF THE NEW  YORK  STATE
BAR  ASSOCIATION,  AT LEAST ONE BANKER OR A REPRESENTATIVE OF AN ASSOCI-
ATION REPRESENTING BANKERS, AT LEAST ONE CERTIFIED PUBLIC ACCOUNTANT  OR
A   REPRESENTATIVE  OF  AN  ASSOCIATION  REPRESENTING  CERTIFIED  PUBLIC
ACCOUNTANTS, AT LEAST TWO MEMBERS REPRESENTING PROTECTIVE  SERVICES  FOR
ADULTS, AND AT LEAST TWO LAW ENFORCEMENT REPRESENTATIVES.
  S  4. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. 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 RECEIVED BY THE STATE UNDER SECTION NINE-V
OF THE BANKING LAW AND ALL OTHER FEES, FINES, GRANTS, BEQUESTS OR  OTHER
A. 5604                             4
MONIES CREDITED, APPROPRIATED 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  5.  This act shall take effect immediately; provided, however, that
subdivisions 2, 3, 4, 5, 6 and 7 of section 9-v of the banking  law,  as
added  by  section one of this act, shall take effect on the two hundred
seventieth day after this act shall have become a law.