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A02325 Summary:

BILL NOA02325
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRLupardo, Brindisi, Lavine, Jaffee, Dinowitz, Blake
 
MLTSPNSRGalef
 
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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2325
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 2. The elder law is amended by adding a new section 219-a to read as
     7  follows:
     8    § 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    §  3. The state finance law is amended by adding a new section 99-w to
    40  read as follows:
    41    § 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    §  4.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.
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