Bill Text: NY S00262 | 2015-2016 | General Assembly | Amended

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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 1-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to aging [S00262 Detail]

Download: New_York-2015-S00262-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         262--B
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Aging  --  recommitted  to
          the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00111-04-6
        S. 262--B                           2
     1  ants  licensed in this state, to any preparer of taxes operating in this
     2  state and to attorneys licensed in this state. The program  shall  be  a
     3  voluntary program. The director, in conjunction with the office of chil-
     4  dren and family services and the department of financial services, shall
     5  coordinate  activities  to  identify  and provide training to the insti-
     6  tutions and individuals described in this section.
     7    3. (a) As part of the program, the director may award grants to quali-
     8  fied  designated  agencies  to  establish  local  elderly   exploitation
     9  outreach, education and training programs. Qualified designated agencies
    10  shall  work  collaboratively with such institutions and individuals, and
    11  their representative associations.
    12    (b) In making such grants, the director shall consider:
    13    (1) the manner in which the designated agency proposes to provide such
    14  education, outreach and training;
    15    (2) the capacity of the designated agency to coordinate  its  services
    16  with  banking,  human  service  and  law enforcement and public agencies
    17  which provide services or assistance to the elderly, including the local
    18  department of social services adult protective services unit; and
    19    (3) any other criteria determined by the director to be appropriate.
    20    4. The program shall, at a minimum, consist of the following  elements
    21  which shall be provided by the office:
    22    (a)  educational  and informational materials in print, audio, visual,
    23  electronic or other media;
    24    (b) public service  announcements,  advertisements,  media  campaigns,
    25  workshops, mass mailings, conferences or presentations; and
    26    (c)  instructions  on  how  to  report known or suspected incidents of
    27  financial exploitation of the elderly, including the  appropriate  tele-
    28  phone numbers to call and the types of information that would assist the
    29  office with its investigation of such reports.
    30    5.  The  director  shall  convene  an advisory committee made up of at
    31  least seven, but no more than twelve members to advise the director  and
    32  make  recommendations  on the aspects of developing and implementing the
    33  program. Members of the advisory committee shall  include,  but  not  be
    34  limited  to: at least two representatives from statewide senior advocacy
    35  organizations, at least one  attorney  whose  practice  concentrates  in
    36  elder  law or an individual acting on behalf of the elder law section of
    37  the New York state bar association, at least one banker or  a  represen-
    38  tative  of  an  association representing bankers, at least one certified
    39  public accountant or a representative  of  an  association  representing
    40  certified  public  accountants, at least one member representing protec-
    41  tive service agencies for adults,  and  at  least  one  law  enforcement
    42  representative.
    43    §  3. The state finance law is amended by adding a new section 99-z to
    44  read as follows:
    45    § 99-z. Financial exploitation, outreach, education and training fund.
    46  1. There is hereby established in the joint custody of  the  comptroller
    47  and  the  superintendent of financial services a special revenue fund to
    48  be known as the financial exploitation, outreach, education and training
    49  fund.
    50    2. The financial exploitation, outreach, education and  training  fund
    51  shall  consist  of all moneys, appropriated thereto, and all other fees,
    52  fines, grants, bequests or other monies credited or transferred  thereto
    53  from any other fund or source.
    54    3.  The  moneys of the financial exploitation, outreach, education and
    55  training fund shall be disbursed by the comptroller to the state  office
        S. 262--B                           3
     1  for the aging for the purpose of carrying out the provisions of sections
     2  two hundred nineteen and two hundred nineteen-a of the elder law.
     3    §  4.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.