NY State Senate Bill S639

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2016	referred to aging delivered to assembly passed senate
Feb 02, 2016	advanced to third reading
Feb 01, 2016	2nd report cal.
Jan 26, 2016	1st report cal.71
Jan 06, 2016	referred to aging returned to senate died in assembly
Jun 15, 2015	referred to aging delivered to assembly passed senate
Mar 09, 2015	advanced to third reading
Mar 04, 2015	2nd report cal.
Mar 03, 2015	1st report cal.174
Jan 07, 2015	referred to aging

Votes

view votes

Mar 22, 2016 - floor Vote

S639

floor

Aye

Nay

Absent

Excused

Abstained

Jan 26, 2016 - Aging committee Vote

S639

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 15, 2015 - floor Vote

S639

floor

Aye

Nay

Absent

Excused

Abstained

Mar 3, 2015 - Aging committee Vote

S639

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S639 (ACTIVE) - Details

See Assembly Version of this Bill:: A5336
Current Committee:: Assembly Aging
Law Section:: Social Services Law
Laws Affected:: Amd §473, Soc Serv L; amd §4, Bank L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6221, A7892
2017-2018: S1093, A6099

S639 (ACTIVE) - Summary

Authorizes banks to refuse payment of moneys when there is reason to believe that a vulnerable adult is being financially exploited.

S639 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S639

 TITLE OF BILL :  An act to amend the social services law and the
banking law, in relation to authorizing banking institutions to refuse
to disburse moneys in circumstances of the financial exploitation of a
vulnerable adult

 PURPOSE :

This legislation would authorize a banking organization, social
services official, or law enforcement agency that reasonably believes
that the financial exploitation of a vulnerable adult has occurred or
may occur, then a banking organization may refuse to conduct any
transaction that requires the dispersal of moneys in the account of a
vulnerable adult or moneys held for the benefit of such adult. This
legislation also authorizes a banking organization to provide access
to or copies of historical records or recent.  transactions relevant
to suspected financial exploitation of a vulnerable adult to law
enforcement agencies and social service officials responsible for
administering the provisions of this article. The term financial
exploitation of an adult is as defined in Social Services Law section
473.

 SUMMARY OF PROVISIONS :

Section 1: Amends the Social Services Law 473 that relates to the

provision of Adult Protective Services. This bill adds a new
subdivision 9 to authorize that if a banking organization, social
services official, or law enforcement agency reasonably believes that
the financial exploitation of a vulnerable adult has occurred or may
occur, then a banking organization may refuse to conduct any
transaction that requires the processing of funds of a vulnerable
adult. In addition, a banking organization may provide law enforcement
agencies and social service officials responsible for administering
the provisions of this article with access to or copies of historical
records or recent transactions relevant to suspected financial
exploitation of a vulnerable adult.

A banking organization is not required to refuse to disburse funds
Pursuant to this act, but if such organization does so based on the
reasonable suspicion that financial exploitation may occur or has
occurred, or based on the information provided by a social services
official or law enforcement, agency, then such banking organization
shall report the incident to the responsible social services official.

Section 2: Amends banking Law section 4 to make conforming amendments
to this law so that it is consistent with the new provisions provided
for in the Social Services Law.

Section 3: Provides for an effective date of 180 days after this act
shall become a law.

 JUSTIFICATION :

Persons over the age of 65 are the fastest growing segment of the
American population. While senior citizens constituted only 4% of the
total population in 1900, by 1994 the proportion of seniors in the
united States had grown to 12.5%. By 2050 almost 25% of all Americans
will be over age 65. This dramatic shift in population distribution
has produced tremendous upheavals in family structure and in our
societal response to the treatment and care of our senior population.
One problem faced by many seniors today is how to care for themselves
when their traditional network of support, their children and
grandchildren, are occupied with raising their own families and are
often spread out over a wide geographic area.

Evidence suggests that there may be a surprisingly high percentage of
senior citizens who are, either intentionally or unintentionally,
mistreated by family members or institutional caregivers or who of
their own volition, ate neglecting in their own basic custodial needs.
This maltreatment can take many forms, ranging from physical and
psychological abuse to neglect to financial abuse and exploitation.
While physical abuse and neglect would seem to be a more immediate
concern for the elderly than protecting their financial assets from
potential theft or conversion by relatives and caregivers, the loss of
one's financial assets can have an even more severe a long-term impact
on a senior's well-being and quality of life as a physical injury or
abuse.

A 1990 congressional report also concluded that elder abuse is far
less likely to be reported than child abuse, estimating that only 1 in
8 cases of elder abuse, as compared with 1 in 3 cases of child abuse,
is ever reported to the authorities. Encouraging the reporting of
suspected financial exploitation of vulnerable adults, including the
elderly is an important public policy goal that should be achieved.
Currently, 42 states and the District of Columbia have statutes
requiring various professionals (typically health care professionals,
psychologists and social workers) to report known and suspected
incidents to prescribed public officials.

It should be understood that this bill provides protections for all
vulnerable adults that are protected under the Adult. Protective
Services Programs as provided for under Social Services Law Article
9-B, which includes all vulnerable adults that are 18 years of age or
older.

 LEGISLATIVE HISTORY :

S.6221 of 2014

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall become a
law.

S639 (ACTIVE) - Bill Text download pdf

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

                                   639

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 social services law and the banking law, in relation
  to authorizing banking institutions to refuse to  disburse  moneys  in
  circumstances of the financial exploitation of a vulnerable adult

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

  Section 1. Section 473 of the social services law is amended by adding
a new subdivision 9 to read as follows:
  9. (A) AS USED IN THIS SUBDIVISION:
  (I) "BANKING INSTITUTION" MEANS ANY STATE OR FEDERALLY CHARTERED BANK,
TRUST COMPANY, SAVINGS BANK, SAVINGS AND  LOAN  ASSOCIATION  OR,  CREDIT
UNION.
  (II)  "VULNERABLE  ADULT"  MEANS  AN  INDIVIDUAL WHO BECAUSE OF MENTAL
AND/OR  PHYSICAL  IMPAIRMENT,  IS  UNABLE  TO  MANAGE  HIS  OR  HER  OWN
RESOURCES, OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.
  (B) IF A BANKING INSTITUTION, SOCIAL SERVICES OFFICIAL OR LAW ENFORCE-
MENT AGENCY REASONABLY BELIEVES THAT FINANCIAL EXPLOITATION OF A VULNER-
ABLE  ADULT  HAS OCCURRED OR MAY OCCUR, THE BANKING INSTITUTION MAY, BUT
SHALL NOT BE REQUIRED TO, REFUSE ANY TRANSACTION REQUIRING THE DISBURSAL
OF MONEYS IN THE ACCOUNT OF:
  (I) A VULNERABLE ADULT;
  (II) WHICH A VULNERABLE ADULT IS A BENEFICIARY,  INCLUDING  TRUST  AND
GUARDIANSHIP ACCOUNTS; AND
  (III) A PERSON WHO IS SUSPECTED OF ENGAGING IN THE FINANCIAL EXPLOITA-
TION OF A VULNERABLE ADULT.
  (C)  A BANKING INSTITUTION MAY ALSO REFUSE TO DISBURSE MONEYS PURSUANT
TO THIS SUBDIVISION IF A SOCIAL SERVICES  OFFICIAL  OR  LAW  ENFORCEMENT
AGENCY PROVIDES INFORMATION TO SUCH INSTITUTION DEMONSTRATING THAT IT IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01974-01-5

S. 639                              2

REASONABLE  TO BELIEVE THAT FINANCIAL EXPLOITATION OF A VULNERABLE ADULT
HAS OCCURRED OR MAY OCCUR.
  (D)  A BANKING INSTITUTION SHALL NOT BE REQUIRED TO REFUSE TO DISBURSE
FUNDS PURSUANT TO THIS SECTION. SUCH A REFUSAL SHALL BE IN  THE  BANKING
INSTITUTION'S  DISCRETION,  BASED  ON  THE INFORMATION AVAILABLE TO SUCH
INSTITUTION.
  (E) ANY BANKING INSTITUTION WHICH REFUSES TO DISBURSE MONEYS  PURSUANT
TO THIS SUBDIVISION SHALL:
  (I)  MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN WRITING,
TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT FROM WHICH
DISBURSEMENT WAS REFUSED; AND
  (II) REPORT THE INCIDENT TO THE SOCIAL SERVICES  OFFICIAL  RESPONSIBLE
FOR ADMINISTERING ADULT PROTECTIVE SERVICES PURSUANT TO THIS ARTICLE FOR
THE AFFECTED VULNERABLE ADULT.
  (F)  THE REFUSAL TO DISBURSE MONEYS PURSUANT TO THIS SUBDIVISION SHALL
TERMINATE UPON THE EARLIER OF:
  (I) THE TIME AT WHICH THE BANKING INSTITUTION IS  SATISFIED  THAT  THE
DISBURSEMENT  WILL NOT RESULT IN THE FINANCIAL EXPLOITATION OF A VULNER-
ABLE ADULT; OR
  (II) THE ISSUANCE OF AN ORDER BY A COURT  OF  COMPETENT  JURISDICTION,
DIRECTING THE DISBURSAL OF THE MONEYS.
  (G)  A  BANKING INSTITUTION MAY PROVIDE ACCESS TO OR COPIES OF RECORDS
RELEVANT TO SUSPECTED FINANCIAL EXPLOITATION OF A  VULNERABLE  ADULT  TO
LAW  ENFORCEMENT  AGENCIES AND SOCIAL SERVICES OFFICIALS RESPONSIBLE FOR
ADMINISTERING THE PROVISIONS OF THIS ARTICLE. SUCH RECORDS  MAY  INCLUDE
RELEVANT   HISTORICAL   RECORDS  AND  RECENT  TRANSACTIONS  RELATING  TO
SUSPECTED FINANCIAL EXPLOITATION.
  (H) A BANKING INSTITUTION OR AN EMPLOYEE OF SUCH AN INSTITUTION  SHALL
BE  IMMUNE FROM CRIMINAL, CIVIL OR ADMINISTRATIVE LIABILITY FOR REFUSING
TO DISBURSE MONEYS OR DISBURSING MONEYS PURSUANT  TO  THIS  SUBDIVISION,
AND  FOR  ACTIONS  TAKEN IN FURTHERANCE OF THAT DETERMINATION, INCLUDING
THE MAKING OF A REPORT OR THE PROVIDING OF ACCESS TO OR COPIES OF  RELE-
VANT RECORDS TO A SOCIAL SERVICES OFFICIAL OR LAW ENFORCEMENT AGENCY, IF
SUCH  DETERMINATIONS  AND ACTIONS WERE MADE IN GOOD FAITH AND IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 2. Section 4 of the banking law is amended by adding a new  subdivi-
sion 4 to read as follows:
  4.  A  BANKING INSTITUTION OR AN EMPLOYEE OF SUCH AN INSTITUTION SHALL
BE IMMUNE FROM CRIMINAL, CIVIL OR ADMINISTRATIVE LIABILITY FOR  REFUSING
TO  DISBURSE MONEYS OR DISBURSING MONEYS PURSUANT TO SUBDIVISION NINE OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW,  AND  FOR
ACTIONS TAKEN IN FURTHERANCE OF THAT DETERMINATION, INCLUDING THE MAKING
OF  A REPORT OR THE PROVIDING OF ACCESS TO OR COPIES OF RELEVANT RECORDS
TO A SOCIAL SERVICES OFFICIAL OR LAW ENFORCEMENT AGENCY, IF SUCH  DETER-
MINATIONS  AND  ACTIONS  WERE  MADE IN GOOD FAITH AND IN ACCORDANCE WITH
SUBDIVISION NINE OF SECTION FOUR HUNDRED  SEVENTY-THREE  OF  THE  SOCIAL
SERVICES LAW. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "BANKING INSTI-
TUTION" SHALL MEAN ANY STATE OR FEDERALLY CHARTERED BANK, TRUST COMPANY,
SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION OR, CREDIT UNION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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The New York State Senate

senate Bill S639

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 22, 2016 - floor Vote

Floor Vote: Mar 22, 2016

Jan 26, 2016 - Aging committee Vote

Aging Committee Vote: Jan 26, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

Mar 3, 2015 - Aging committee Vote

Aging Committee Vote: Mar 3, 2015

Co-Sponsors

S639 (ACTIVE) - Details

S639 (ACTIVE) - Summary

S639 (ACTIVE) - Sponsor Memo

S639 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S639

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 22, 2016 - floor Vote

Floor Vote: Mar 22, 2016

Jan 26, 2016 - Aging committee Vote

Aging Committee Vote: Jan 26, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

Mar 3, 2015 - Aging committee Vote

Aging Committee Vote: Mar 3, 2015

Co-Sponsors

S639 (ACTIVE) - Details

S639 (ACTIVE) - Summary

S639 (ACTIVE) - Sponsor Memo

S639 (ACTIVE) - Bill Text download pdf

Comments