senate Bill S2171

2013-2014 Legislative Session

Relates to the elderly abuse education and outreach program

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
May 21, 2013 reported and committed to finance
Jan 14, 2013 referred to aging

Votes

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May 21, 2013 - Aging committee Vote

S2171
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Aging Committee Vote: May 21, 2013

aye wr (1)

S2171 - Bill Details

Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd ยง219, Eld L
Versions Introduced in 2011-2012 Legislative Session:
S6051

S2171 - Bill Texts

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Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach & education aspect to such program.

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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.

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                    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.

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