Bill Text: NY A04655 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for a financial exploitation prevention outreach, education and training program and fund; authorizes the director of the office of the aging to award grants to qualified agencies to establish local elderly exploitation, outreach, education and training programs; outlines elements of such program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-17 - print number 4655a [A04655 Detail]

Download: New_York-2013-A04655-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4655
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2013
                                      ___________
       Introduced  by  M.  of  A. ENGLEBRIGHT, LUPARDO, BARRON -- read once and
         referred to the Committee on Aging
       AN ACT to amend the elder law, in relation to financial exploitation  of
         the  elderly and to amend the state finance law, in relation to creat-
         ing 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:
    1    Section  1.  Section  202  of the elder law is amended by adding a new
    2  subdivision 16 to read as follows:
    3    16. TO CONDUCT AN OUTREACH, EDUCATION AND TRAINING PROGRAM FOR  FINAN-
    4  CIAL INSTITUTIONS AS DEFINED IN SUBDIVISION SIX OF SECTION 470.00 OF THE
    5  PENAL LAW.
    6    S 2. The elder law is amended by adding a new section 219-a to read as
    7  follows:
    8    S  219-A.  FINANCIAL  EXPLOITATION,  OUTREACH,  EDUCATION AND TRAINING
    9  PROGRAM. 1. DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM
   10  "DESIGNATED  AGENCY" SHALL HAVE THE MEANING ASCRIBED TO IT UNDER SECTION
   11  TWO HUNDRED FOURTEEN OF THIS TITLE  AND  "FINANCIAL  INSTITUTION"  SHALL
   12  HAVE  THE MEANING ASCRIBED TO IT IN SUBDIVISION SIX OF SECTION 470.00 OF
   13  THE PENAL LAW.
   14    2. THE DIRECTOR, WITHIN THE AMOUNTS APPROPRIATED THEREFOR,  SHALL,  IN
   15  CONJUNCTION  WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES AND THE
   16  BANKING DEPARTMENT, ESTABLISH A FINANCIAL EXPLOITATION OUTREACH,  EDUCA-
   17  TION  AND TRAINING PROGRAM, HEREINAFTER REFERRED TO AS "THE PROGRAM" FOR
   18  THE PURPOSE OF PROVIDING AN EDUCATION, OUTREACH AND TRAINING PROGRAM  TO
   19  FINANCIAL INSTITUTIONS, TO CERTIFIED PUBLIC ACCOUNTANTS LICENSED IN THIS
   20  STATE, TO ANY PREPARER OF TAXES OPERATING IN THIS STATE AND TO ATTORNEYS
   21  LICENSED  IN  THIS  STATE. THE PROGRAM SHALL BE A VOLUNTARY PROGRAM. THE
   22  DIRECTOR, IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES
   23  AND THE BANKING DEPARTMENT, SHALL COORDINATE ACTIVITIES TO IDENTIFY  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01012-01-3
       A. 4655                             2
    1  PROVIDE  TRAINING  TO THE INSTITUTIONS AND INDIVIDUALS DESCRIBED IN THIS
    2  SECTION.
    3    3. (A) AS PART OF THE PROGRAM, THE DIRECTOR MAY AWARD GRANTS TO QUALI-
    4  FIED   DESIGNATED  AGENCIES  TO  ESTABLISH  LOCAL  ELDERLY  EXPLOITATION
    5  OUTREACH, EDUCATION AND TRAINING PROGRAMS. QUALIFIED DESIGNATED AGENCIES
    6  SHALL WORK COLLABORATIVELY WITH SUCH INSTITUTIONS AND  INDIVIDUALS,  AND
    7  THEIR REPRESENTATIVE ASSOCIATIONS.
    8    (B) IN MAKING SUCH GRANTS, THE DIRECTOR SHALL CONSIDER:
    9    (1) THE MANNER IN WHICH THE DESIGNATED AGENCY PROPOSES TO PROVIDE SUCH
   10  EDUCATION, OUTREACH AND TRAINING;
   11    (2)  THE  CAPACITY OF THE DESIGNATED AGENCY TO COORDINATE ITS SERVICES
   12  WITH BANKING, HUMAN SERVICE AND  LAW  ENFORCEMENT  AND  PUBLIC  AGENCIES
   13  WHICH PROVIDE SERVICES OR ASSISTANCE TO THE ELDERLY, INCLUDING THE LOCAL
   14  DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES UNIT; AND
   15    (3) ANY OTHER CRITERIA DETERMINED BY THE DIRECTOR TO BE APPROPRIATE.
   16    4.  THE PROGRAM SHALL, AT A MINIMUM, CONSIST OF THE FOLLOWING ELEMENTS
   17  WHICH SHALL BE PROVIDED BY THE OFFICE:
   18    (A) EDUCATIONAL AND INFORMATIONAL MATERIALS IN PRINT,  AUDIO,  VISUAL,
   19  ELECTRONIC OR OTHER MEDIA;
   20    (B)  PUBLIC  SERVICE  ANNOUNCEMENTS,  ADVERTISEMENTS, MEDIA CAMPAIGNS,
   21  WORKSHOPS, MASS MAILINGS, CONFERENCES OR PRESENTATIONS; AND
   22    (C) INSTRUCTIONS ON HOW TO REPORT  KNOWN  OR  SUSPECTED  INCIDENTS  OF
   23  FINANCIAL  EXPLOITATION  OF THE ELDERLY, INCLUDING THE APPROPRIATE TELE-
   24  PHONE NUMBERS TO CALL AND THE TYPES OF INFORMATION THAT WOULD ASSIST THE
   25  OFFICE WITH ITS INVESTIGATION OF SUCH REPORTS.
   26    5. THE DIRECTOR SHALL CONVENE AN ADVISORY  COMMITTEE  MADE  UP  OF  AT
   27  LEAST  TEN,  BUT  NO MORE THAN TWENTY MEMBERS TO ADVISE THE DIRECTOR AND
   28  MAKE RECOMMENDATIONS ON THE ASPECTS OF DEVELOPING AND  IMPLEMENTING  THE
   29  PROGRAM.  MEMBERS  OF  THE  ADVISORY COMMITTEE SHALL INCLUDE, BUT NOT BE
   30  LIMITED TO: AT LEAST THREE REPRESENTATIVES FROM STATEWIDE SENIOR ADVOCA-
   31  CY ORGANIZATIONS, AT LEAST ONE ATTORNEY WHOSE PRACTICE  CONCENTRATES  IN
   32  ELDER  LAW OR AN INDIVIDUAL ACTING ON BEHALF OF THE ELDER LAW SECTION OF
   33  THE NEW YORK STATE BAR ASSOCIATION, AT LEAST ONE BANKER OR  A  REPRESEN-
   34  TATIVE  OF  AN  ASSOCIATION REPRESENTING BANKERS, AT LEAST ONE CERTIFIED
   35  PUBLIC ACCOUNTANT OR A REPRESENTATIVE  OF  AN  ASSOCIATION  REPRESENTING
   36  CERTIFIED  PUBLIC ACCOUNTANTS, AT LEAST TWO MEMBERS REPRESENTING PROTEC-
   37  TIVE SERVICE AGENCIES FOR ADULTS,  AND  AT  LEAST  TWO  LAW  ENFORCEMENT
   38  REPRESENTATIVES.
   39    S  3. The state finance law is amended by adding a new section 99-u to
   40  read as follows:
   41    S 99-U. FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND.
   42  1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  COMPTROLLER
   43  AND  THE  SUPERINTENDENT  OF BANKS A SPECIAL REVENUE FUND TO BE KNOWN AS
   44  THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND.
   45    2. THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND  TRAINING  FUND
   46  SHALL  CONSIST  OF ALL MONEYS, APPROPRIATED THERETO, AND ALL OTHER FEES,
   47  FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED OR TRANSFERRED  THERETO
   48  FROM ANY OTHER FUND OR SOURCE.
   49    3.  THE  MONEYS OF THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND
   50  TRAINING FUND SHALL BE DISBURSED BY THE COMPTROLLER TO THE STATE  OFFICE
   51  FOR THE AGING FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS
   52  TWO HUNDRED NINETEEN AND TWO HUNDRED NINETEEN-A OF THE ELDER LAW.
   53    S  4.  This  act shall take effect on the ninetieth day after it shall
   54  have become a law.