Assembly Bill A6395

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6395
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Aging
 
 AN ACT to amend the banking law, in relation to reporting  of  suspected
   financial exploitation
 
   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-x  to
 read as follows:
   §  9-X. REPORTING OF SUSPECTED FINANCIAL EXPLOITATION. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FINANCIAL EXPLOITATION" SHALL MEAN ACTIVITY  PROHIBITED  PURSUANT
 TO  SECTIONS  190.25,  190.26,  190.60,  190.65, 190.78, 190.79, 190.80,
 190.80-A, 190.81, 190.82, AND 190.83 OF THE PENAL LAW OR ACTIVITY  MEANT
 TO  DEPRIVE  AN INDIVIDUAL OF ASSETS OR PROPERTY BY DECEPTIVE, MANIPULA-
 TIVE, OR OTHER ILLEGAL MEANS.
   (B) "BANKING INSTITUTION" SHALL HAVE THE SAME MEANING AS IN  PARAGRAPH
 (B) OF SUBDIVISION THREE OF SECTION NINE-F OF THIS CHAPTER.
   (C)  "SUPERINTENDENT"  SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT
 OF FINANCIAL SERVICES.
   2. THE SUPERINTENDENT, IN CONSULTATION WITH THE DIRECTOR OF THE OFFICE
 FOR THE AGING, THE ATTORNEY GENERAL, REPRESENTATIVES  OF  THE  FINANCIAL
 SERVICES  INDUSTRY,  LAW  ENFORCEMENT, SENIOR GROUPS, DISABILITY GROUPS,
 AND DISTRICT ATTORNEYS, SHALL DEVELOP GUIDELINES RELATING  TO  REPORTING
 SUSPECTED FINANCIAL EXPLOITATION. SUCH GUIDELINES SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A)  THE  TYPES OF WARNING SIGNS AND EVIDENCE THAT WOULD BE ACCEPTABLE
 INDICATORS OF FINANCIAL EXPLOITATION;
   (B) WHEN SUSPECTED FINANCIAL EXPLOITATION SHOULD BE REPORTED;
   (C) TO WHOM SUSPECTED FINANCIAL EXPLOITATION SHOULD BE REPORTED;
   (D) INFORMATION THAT SHOULD BE  INCLUDED  IN  A  REPORT  OF  SUSPECTED
 FINANCIAL ABUSE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07199-01-7

 A. 6395                             2
 
   (E)  THE  APPLICABLE LAWS, RULES AND REGULATIONS THAT MUST BE FOLLOWED
 WHILE REPORTING SUSPECTED FINANCIAL ABUSE.
   3. THE SUPERINTENDENT, IN CONSULTATION WITH THE DIRECTOR OF THE OFFICE
 FOR  THE  AGING,  THE ATTORNEY GENERAL, REPRESENTATIVES OF THE FINANCIAL
 SERVICES INDUSTRY, LAW ENFORCEMENT, SENIOR GROUPS, DISABILITY GROUPS AND
 DISTRICT ATTORNEYS,  SHALL  DEVELOP  (I)  TRAINING  FOR  BANK  EMPLOYEES
 CONCERNING  THE GUIDELINES DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION THAT SHALL INCLUDE DISABILITY  LITERACY  TRAINING;  AND  (II)  A
 BROCHURE  EDUCATING  BANK CUSTOMERS REGARDING THE REPORTING OF FINANCIAL
 EXPLOITATION AND HOW TO REPORT THAT THEY ARE BEING EXPLOITED.
   4. A BANKING INSTITUTION LOCATED OR DOING BUSINESS IN THIS STATE OR AN
 EMPLOYEE THEREOF WHO, ACTING REASONABLY AND IN GOOD FAITH IN  ACCORDANCE
 WITH  THESE  GUIDELINES,  REPORTS  SUSPECTED  FINANCIAL ABUSE SHALL HAVE
 IMMUNITY FROM ANY CIVIL LIABILITY THAT MIGHT OTHERWISE RESULT BY  REASON
 OF SUCH ACTIONS.
   5.  THE  SUPERINTENDENT  IS  DIRECTED TO PROMULGATE ANY RULES OR REGU-
 LATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.