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A02325 Summary:

BILL NO    A02325 

SAME AS    SAME AS S00262

SPONSOR    Englebright (MS)

COSPNSR    Lupardo

MLTSPNSR   

Amd S202, add S219-a, Eld L; add S99-w, St Fin L

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.
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A02325 Text:

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

                                         2325

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2015
                                      ___________

       Introduced by M. of A. ENGLEBRIGHT, LUPARDO -- 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  DEPARTMENT  OF  FINANCIAL  SERVICES,  ESTABLISH A FINANCIAL EXPLOITATION
   17  OUTREACH, EDUCATION AND TRAINING PROGRAM,  HEREINAFTER  REFERRED  TO  AS
   18  "THE  PROGRAM"  FOR  THE PURPOSE OF PROVIDING AN EDUCATION, OUTREACH AND
   19  TRAINING PROGRAM TO FINANCIAL INSTITUTIONS, TO CERTIFIED PUBLIC ACCOUNT-
   20  ANTS LICENSED IN THIS STATE, TO ANY PREPARER OF TAXES OPERATING IN  THIS
   21  STATE  AND  TO  ATTORNEYS LICENSED IN THIS STATE. THE PROGRAM SHALL BE A
   22  VOLUNTARY PROGRAM. THE DIRECTOR, IN CONJUNCTION WITH THE OFFICE OF CHIL-
   23  DREN AND FAMILY SERVICES AND THE DEPARTMENT OF FINANCIAL SERVICES, SHALL

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00111-01-5
       A. 2325                             2

    1  COORDINATE ACTIVITIES TO IDENTIFY AND PROVIDE  TRAINING  TO  THE  INSTI-
    2  TUTIONS AND INDIVIDUALS DESCRIBED IN THIS 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-w to
   40  read as follows:
   41    S 99-W. 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 FINANCIAL SERVICES A SPECIAL REVENUE FUND TO
   44  BE KNOWN AS THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING
   45  FUND.
   46    2. THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND  TRAINING  FUND
   47  SHALL  CONSIST  OF ALL MONEYS, APPROPRIATED THERETO, AND ALL OTHER FEES,
   48  FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED OR TRANSFERRED  THERETO
   49  FROM ANY OTHER FUND OR SOURCE.
   50    3.  THE  MONEYS OF THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND
   51  TRAINING FUND SHALL BE DISBURSED BY THE COMPTROLLER TO THE STATE  OFFICE
   52  FOR THE AGING FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS
   53  TWO HUNDRED NINETEEN AND TWO HUNDRED NINETEEN-A OF THE ELDER LAW.
   54    S  4.  This  act shall take effect on the ninetieth day after it shall
   55  have become a law.
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