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. LBD00111-04-6S. 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 officeS. 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.