NY State Senate Bill 2017-S6736

Senate Bill S6736

2017-2018 Legislative Session

Relates to the role of banking institutions in protecting vulnerable elderly persons from financial exploitation

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Mar 15, 2018	advanced to third reading
Mar 14, 2018	2nd report cal.
Mar 13, 2018	1st report cal.640
Jan 03, 2018	referred to aging
Jun 15, 2017	referred to rules

Votes

- Mar 13, 2018 - Aging Committee Vote
  S6736
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Mar 13, 2018
      
      aye (9)
      
      Addabbo Jr.
      
      Alcantara
      
      Benjamin
      
      Brooks
      
      Felder
      
      Funke
      
      Marchione
      
      Serino
      
      Serrano
      
      aye wr (2)
      
      Golden
      
      LaValle

co-Sponsors

2017-S6736 (ACTIVE) - Details

See Assembly Version of this Bill:: A6099
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §473, Soc Serv L; amd §4, add §4-d, Bank L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7892
2015-2016: A5336

2017-S6736 (ACTIVE) - Summary

Authorizes banking institutions to temporarily refuse or delay disbursement from the account of a vulnerable elderly person if certain criteria are met.

2017-S6736 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6736

 TITLE OF BILL :  An act to amend the social services law and the
banking law, in relation to the role of banking institutions in
protecting vulnerable elderly persons from financial exploitation

 PURPOSE :

This bill permits banking institutions to freeze single financial
transactions where there is a belief that an elderly persons has been
the victim of financial elder abuse. This legislation also provides
training to banking officials.

 SUMMARY OF PROVISIONS :

Amends section 473 of the social services law by adding a new
subdivision 9.

Defines "banking institution' to include many forms of financial
institutions in New York. Defines "vulnerable elderly adult" by
cross-referencing section 260.31 of the penal law. Defines "financial
exploitation" to include a series of commissions or omissions with the
intent to obtain control through deception, intimidation, or malicious
influence, a vulnerable elderly person's assets. Defines "qualified
individual" to include a person of supervisory authority at a banking
institution.

A banking, social services, or law enforcement official who reasonably
believes that financial exploitation of a vulnerably elderly person
has occurred or may occur again may refuse or delay a single
transaction from the account of the vulnerable elderly person or the
account of which a vulnerable elderly person is a beneficiary. A
banking institution shall not be required to refuse or delay funds
pursuant to these provisions.

If a banking institution refuses to disburse or delays moneys pursuant
to these provisions, the bank must;

(i)Must make a reasonable effort to notify all parties to the
transaction within 5 days of the refusal or delay; and

(ii)Immediately but no later than 1 business day after the refusal or
delay report the incident to adult protective services or local
enhanced multi-disciplinary. The report shall include the reason for
refusing and/or delaying the transaction. The report may include any
other facts deemed relevant by the bank.

(iii)Adult protective services or law enforcement may request all
information and documentation related to the refusal or delay.


The refusal or delay shall terminate upon the earlier of:

(i)the issuance of a court order; or

(ii)ten business says after the transaction was held or delayed.


In no case shall a bank delay or refuse to disburse funds related to
ongoing obligations such as housing, medical are, or other emergency
expenses.

If a bank engages in the practice of delaying or refusing
transactions, the bank must designate one qualified individual with
the authority to refuse and delay transactions. Such person will be
required to file reports.
Section 4 of the banking law is amended to provide immunity for
banking institutions that engage in refusing or delaying transactions
when there is a suspicion of financial elder abuse.

Section 3 creates a new section 4-d to require the Department of
Financial Services to create training and education materials. The
Department of Financial Services in consultation with the Office for
Aging, Adult Protective Services, Office of People with Developmental
Disabilities, and Office of Victim Services shall develop training
materials. The Department of Financial Services shall also consult
with a number of advocacy groups as well.  Participation in training
will be voluntary by the banks.

 EXISTING LAW :

This is a new section of 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, are 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.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
On the 180th day.

2017-S6736 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6736
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law and the banking law, in relation
   to the role of banking institutions in protecting  vulnerable  elderly
   persons from financial exploitation

   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) WHEN USED IN THIS SUBDIVISION: (I) "BANKING INSTITUTION"  MEANS
 ANY  BANK, TRUST COMPANY, SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION, OR
 CREDIT UNION, WHICH IS CHARTERED, ORGANIZED, OR LICENSED UNDER THE  LAWS
 OF  THIS  STATE, AND IN THE COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN
 THIS STATE, BUT SHALL NOT INCLUDE  A  PRIVATE  BANKER,  A  SAFE  DEPOSIT
 COMPANY, OR AN INVESTMENT COMPANY.
   (II)  "VULNERABLE  ELDERLY  PERSON"  SHALL  HAVE  THE  SAME MEANING AS
 SECTION 260.31 OF THE PENAL LAW.
   (III) "FINANCIAL EXPLOITATION" MEANS (A) A SERIES OF IMPROPER TAKINGS,
 WITHHOLDINGS, APPROPRIATIONS, OR USES OF  A  VULNERABLE  ADULT'S  MONEY,
 ASSETS,  OR PROPERTY OR (B) A SERIES OF ACTS OR OMISSIONS TO: (1) OBTAIN
 CONTROL, THROUGH DECEPTION,  INTIMIDATION,  OR  MALICIOUS  INFLUENCE,  A
 VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY OR (2) CONVERT THE VULNER-
 ABLE ADULT'S MONEY, ASSETS, OR PROPERTY.
   (IV)  "QUALIFIED  INDIVIDUAL"  MEANS  AN  INDIVIDUAL ASSOCIATED WITH A
 BANKING INSTITUTION WHO SERVES IN A SUPERVISORY,  COMPLIANCE,  OR  LEGAL
 CAPACITY AS PART OF THE INDIVIDUAL'S JOB.
   (B)  IF  A  BANKING  INSTITUTION,  SOCIAL  SERVICES  OFFICIAL,  OR LAW
 ENFORCEMENT AGENCY REASONABLY BELIEVES THAT FINANCIAL EXPLOITATION OF  A
 VULNERABLE  ELDERLY  PERSON HAS OCCURRED OR MAY OCCUR AGAIN, THE BANKING
 INSTITUTION MAY, BUT SHALL NOT BE  REQUIRED  TO,  REFUSE  OR  DELAY  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13191-02-7

 S. 6736                             2
 
 SINGLE  TRANSACTION  REQUIRING  THE DISBURSAL OF MONEYS FROM THE ACCOUNT
 OF:
   (I) A VULNERABLE ELDERLY PERSON; OR
   (II) WHICH A VULNERABLE ELDERLY PERSON IS A BENEFICIARY.
   (C)  A BANKING INSTITUTION MAY ALSO REFUSE TO DISBURSE OR DELAY MONEYS
 PURSUANT TO THIS SUBDIVISION IF  A  SOCIAL  SERVICES  OFFICIAL,  OR  LAW
 ENFORCEMENT  AGENCY PROVIDES INFORMATION TO SUCH INSTITUTION DEMONSTRAT-
 ING THAT IT IS REASONABLE TO BELIEVE THAT FINANCIAL  EXPLOITATION  OF  A
 VULNERABLE ELDERLY PERSON HAS OCCURRED OR MAY OCCUR AGAIN.
   (D)  A BANKING INSTITUTION SHALL NOT BE REQUIRED TO REFUSE TO DISBURSE
 OR DELAY FUNDS PURSUANT TO THIS SECTION. SUCH A REFUSAL OR  DELAY  SHALL
 BE  IN  THE  BANKING  INSTITUTION'S DISCRETION, BASED ON THE INFORMATION
 AVAILABLE TO SUCH INSTITUTION.
   (E) ANY BANKING INSTITUTION THAT REFUSES TO DISBURSE MONEYS OR  DELAYS
 THE DISBURSEMENT OF 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
 A DISBURSEMENT WAS REFUSED AND/OR DELAYED WITHIN FIVE BUSINESS  DAYS  OF
 SUCH REFUSAL OR DELAY; AND
   (II)  IMMEDIATELY,  BUT NO LATER THAN ONE BUSINESS DAY AFTER A REFUSAL
 OR DELAY WAS PLACED ON A TRANSACTION, REPORT THE INCIDENT TO THE  SOCIAL
 SERVICES   OFFICIAL   RESPONSIBLE  FOR  ADMINISTERING  ADULT  PROTECTIVE
 SERVICES OR ENHANCED MULTI-DISCIPLINARY TEAMS PURSUANT TO  THIS  ARTICLE
 FOR  THE AFFECTED VULNERABLE ADULT. SUCH REPORT SHALL INCLUDE THE REASON
 FOR REFUSING AND/OR DELAYING A TRANSACTION AND THE BANKING INSTITUTION'S
 BASIS FOR REFUSING AND/OR DELAYING A  SINGLE  TRANSACTION.  SUCH  REPORT
 SHALL  ALSO CONTAIN ANY FACTS THAT THE BANK DEEMS RELEVANT TO ESTABLISH-
 ING THAT FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON MAY  HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND
   (III)  AT  THE REQUEST OF THE SOCIAL SERVICES OFFICIAL RESPONSIBLE FOR
 ADMINISTERING ADULT PROTECTIVE SERVICES PURSUANT TO THIS ARTICLE FOR THE
 AFFECTED VULNERABLE ELDERLY PERSON OR A LAW ENFORCEMENT AGENCY,  PROVIDE
 ALL  INFORMATION AND DOCUMENTS THAT RELATE TO THE TRANSACTION REFUSAL OR
 DELAY WITHIN THREE BUSINESS DAYS  OF  THE  REQUEST  FOR  INFORMATION  OR
 DOCUMENTATION.
   (F) THE DELAY OF OR REFUSAL TO DISBURSE MONEYS PURSUANT TO THIS SUBDI-
 VISION 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 ELDERLY PERSON;
   (II)  THE  ISSUANCE  OF AN ORDER BY A COURT OF COMPETENT JURISDICTION,
 DIRECTING THE DISBURSAL OF THE MONEYS; OR
   (III) TEN BUSINESS DAYS AFTER THE DAY ON WHICH THE TRANSACTION REFUSAL
 OR DELAY IS APPLIED BY THE BANKING INSTITUTION.
   (G) NOTWITHSTANDING ANY OTHER PROVISIONS FOUND IN  THIS  ARTICLE,  THE
 BANKING INSTITUTION SHALL MAKE FUNDS AVAILABLE THAT WERE PREVIOUSLY HELD
 OR  DELAYED  BECAUSE OF SUSPICION OF FINANCIAL EXPLOITATION OF A VULNER-
 ABLE ELDERLY PERSON, IF SUCH FUNDS ARE NECESSARY TO MEET  ONGOING  OBLI-
 GATIONS  SUCH  AS,  BUT  NOT LIMITED TO, HOUSING, MEDICAL CARE, OR OTHER
 EMERGENCY EXPENSES AS DETERMINED BY A SOCIAL SERVICES  OFFICIAL  OR  LAW
 ENFORCEMENT  OFFICIAL.  TRANSACTIONS  RELATED  TO  THE  MAINTENANCE OF A
 HOUSEHOLD SUCH  AS  RENT,  MORTGAGE  PAYMENTS,  UTILITIES,  AND  MEDICAL
 EXPENSES SHALL NOT BE DELAYED OR REFUSED BY A BANKING INSTITUTION.
   (H)  IF  A BANKING INSTITUTION DOES ENGAGE IN THE PRACTICE OF DELAYING
 OR REFUSING TRANSACTIONS  BASED  ON  THE  FINANCIAL  EXPLOITATION  OF  A
 VULNERABLE  ELDERLY  PERSON, SUCH BANKING INSTITUTION MUST DESIGNATE ONE

 S. 6736                             3
 
 OR MORE QUALIFIED INDIVIDUALS WITH THE AUTHORITY TO REFUSE OR DELAY SUCH
 TRANSACTIONS.   SUCH DESIGNEE SHALL MAKE A  RECORD  OF  SUCH  ACTION  IN
 COMPLIANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (E) OF THIS SUBDIVISION.
   (I)  A BANKING INSTITUTION OR AN EMPLOYEE OF SUCH AN INSTITUTION SHALL
 BE IMMUNE FROM CRIMINAL, CIVIL OR ADMINISTRATIVE LIABILITY FOR  DELAYING
 THE  DISBURSEMENT  OF MONEYS, REFUSING TO DISBURSE MONEYS, OR DISBURSING
 MONEYS PURSUANT TO THIS SUBDIVISION, AND FOR ACTIONS TAKEN  IN  FURTHER-
 ANCE  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 DETERMINATIONS AND
 ACTIONS WERE MADE IN GOOD FAITH AND IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SUBDIVISION.
   § 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 A DETERMINATION MADE PURSUANT TO SUCH
 SECTION, INCLUDING MAKING A REPORT OR PROVIDING ACCESS TO OR  COPIES  OF
 RELEVANT  RECORDS TO A SOCIAL SERVICES OFFICIAL OR LAW ENFORCEMENT AGEN-
 CY, PROVIDED THAT SUCH DETERMINATIONS 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  SUBDIVI-
 SION, THE TERM "BANKING INSTITUTION" SHALL MEAN ANY BANK, TRUST COMPANY,
 SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION, CREDIT UNION, OR BRANCH OF A
 FOREIGN  BANKING  CORPORATION, THAT IS CHARTERED, ORGANIZED, OR LICENSED
 UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR  THE  UNITED  STATES,
 AND  IN THE COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE, BUT
 SHALL NOT INCLUDE A PRIVATE  BANKER,  A  SAFE  DEPOSIT  COMPANY,  OR  AN
 INVESTMENT COMPANY.
   § 3. The banking law is amended by adding a new section 4-d to read as
 follows:
   §  4-D. TRAINING AND EDUCATION. 1. THE SUPERINTENDENT, IN CONSULTATION
 WITH THE DIRECTOR OF THE OFFICE FOR  THE  AGING,  THE  DIRECTOR  OF  THE
 BUREAU  OF  ADULT  PROTECTIVE SERVICES WITHIN THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE COMMISSIONER OF THE OFFICE OF PEOPLE WITH  DEVELOP-
 MENTAL  DISABILITIES, AND THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES,
 SHALL DEVELOP A FINANCIAL EXPLOITATION TRAINING  AND  EDUCATION  PROGRAM
 FOR  BANKING  INSTITUTIONS  AS  DEFINED IN SECTION FOUR HUNDRED SEVENTY-
 THREE OF THE SOCIAL SERVICES LAW. THE SUPERINTENDENT SHALL ALSO  CONSULT
 WITH  ELDER  ADVOCACY  GROUPS  AND  DISABILITY RIGHTS ORGANIZATIONS THAT
 POSSESS SPECIALIZED KNOWLEDGE IN THE PREVENTION AND/OR IDENTIFICATION OF
 FINANCIAL EXPLOITATION, ADVOCACY GROUPS  DEALING  WITH  THE  EFFECTS  OF
 AGING  ON COGNITIVE ABILITIES, AND ADVOCACY GROUPS THAT POSSESS SPECIAL-
 IZED KNOWLEDGE IN DEVELOPMENTAL DISABILITIES, DISEASES AND OTHER  CONDI-
 TIONS THAT MAY IMPAIR MENTAL AND COGNITIVE FUNCTION.
   2.  PARTICIPATION IN THE FINANCIAL EXPLOITATION TRAINING AND EDUCATION
 PROGRAM SHALL BE VOLUNTARY BY THE BANKING  INSTITUTION  AND  THE  SUPER-
 INTENDENT SHALL NOT REQUIRE, BY REGULATION OR OTHERWISE, THAT ANY DIREC-
 TOR,  OFFICER,  EMPLOYEE  OR  ANY OTHER PERSON AFFILIATED WITH A BANKING
 INSTITUTION  PARTICIPATE  IN  OR  ATTEND  SUCH  TRAINING  AND  EDUCATION
 PROGRAM.
   3.  IN  DEVELOPING  THE  FINANCIAL EXPLOITATION TRAINING AND EDUCATION
 PROGRAM FOR  COVERED  BANKING  INSTITUTIONS,  THE  SUPERINTENDENT  SHALL
 CONSULT  WITH  AND  SHALL  INCLUDE  INSTRUCTORS  FROM ORGANIZATIONS THAT

 S. 6736                             4

 PROVIDE SERVICES TO VULNERABLE ADULTS AND MAY HAVE EXPERIENCE IN IDENTI-
 FYING  FINANCIAL  EXPLOITATION  AND  FROM  ORGANIZATIONS  THAT   PROVIDE
 SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
   4.  IT SHALL BE THE PURPOSE OF THE FINANCIAL EXPLOITATION TRAINING AND
 EDUCATION PROGRAM TO PROVIDE INFORMATION, TRAINING AND EDUCATION ON  HOW
 TO  IDENTIFY,  HELP  PREVENT  AND REPORT THE FINANCIAL EXPLOITATION OF A
 VULNERABLE ELDERLY PERSON.
   5. THE SUPERINTENDENT SHALL MAKE THE MATERIALS AND INSTRUCTION OF  THE
 FINANCIAL  EXPLOITATION  TRAINING AND EDUCATION PROGRAM AVAILABLE TO ALL
 BANKING INSTITUTIONS ACROSS THE STATE AT NO COST, AND SHALL FURTHER MAKE
 SUCH AVAILABLE VIA BOTH LIVE INSTRUCTION PLATFORMS AS  WELL  AS  THROUGH
 ONLINE  INSTRUCTIONAL  PRESENTATIONS  ACCESSIBLE THROUGH THE WEBSITES OF
 THE DEPARTMENT, THE OFFICE FOR THE AGING, THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 AND THE OFFICE OF VICTIM SERVICES.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6736

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Sponsored By

David J. Valesky