Bill Text: NY S06051 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach & education aspect to such program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-13 - REPORTED AND COMMITTED TO FINANCE [S06051 Detail]

Download: New_York-2011-S06051-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6051
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Aging
       AN ACT to amend the elder law, in relation to the elderly  abuse  educa-
         tion and outreach program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivisions 1 and 2 of section 219 of the elder  law  are
    2  amended to read as follows:
    3    1.  Definitions.  For  the  purposes  of  this  section, (A) the terms
    4  "designated agency" and "elderly person" shall have the same meaning  as
    5  ascribed to them in section two hundred fourteen of this title;
    6    (B) THE TERM "FINANCIAL INSTITUTION" SHALL MEAN ANY OF THE FOLLOWING:
    7    (1) A DEPOSITORY INSTITUTION, AS DEFINED IN SECTION 3(C) OF THE FEDER-
    8  AL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(C));
    9    (2) AN INSTITUTION-AFFILIATED PARTY, AS DEFINED IN SECTION 3(U) OF THE
   10  FEDERAL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(U));
   11    (3)  A  FEDERAL  CREDIT  UNION  OR  STATE  CREDIT UNION, AS DEFINED IN
   12  SECTION 101 OF THE FEDERAL CREDIT  UNION  ACT  (12  U.S.C.  SEC.  1752),
   13  INCLUDING,  BUT  NOT  LIMITED  TO,  AN INSTITUTION-AFFILIATED PARTY OF A
   14  CREDIT UNION, AS DEFINED IN SECTION 206(R) OF THE FEDERAL  CREDIT  UNION
   15  ACT (12 U.S.C.  SEC. 1752(R)); AND
   16    (C)  THE  TERM "FINANCIAL EXPLOITATION" SHALL MEAN THE IMPROPER USE OF
   17  AN ELDERLY PERSON'S FUNDS, PROPERTY, OR RESOURCES BY ANOTHER INDIVIDUAL,
   18  INCLUDING BUT NOT LIMITED  TO,  FRAUD,  FALSE  PRETENSES,  EMBEZZLEMENT,
   19  CONSPIRACY,  FORGERY,  FALSIFYING RECORDS, COERCED PROPERTY TRANSFERS OR
   20  DENIAL OF ACCESS TO ASSETS.
   21    2. The director, within the amounts appropriated therefor,  shall,  in
   22  conjunction  with  the office of children and family services, establish
   23  an elderly abuse education and outreach program HEREINAFTER REFERRED  TO
   24  IN THIS SECTION AS THE "PROGRAM," for the purpose of providing education
   25  and  outreach to the general public, including elderly persons and their
   26  families and caregivers, to identify and prevent elderly abuse,  neglect
   27  and  exploitation. THIS PROGRAM SHALL ALSO INCLUDE A FINANCIAL OUTREACH,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13657-02-1
       S. 6051                             2
    1  EDUCATION AND TRAINING PROGRAM, FOR THE PURPOSE OF PROVIDING  AN  EDUCA-
    2  TION,  OUTREACH  AND  TRAINING  PROGRAM  TO CERTIFIED PUBLIC ACCOUNTANTS
    3  LICENSED IN THIS STATE, ATTORNEYS LICENSED IN THIS STATE,  ANY  PREPARER
    4  OF  TAXES  OPERATING  IN  THIS  STATE,  AND TO FINANCIAL INSTITUTIONS AS
    5  DEFINED IN PARAGRAPH (B) OF SUBDIVISION  ONE  OF  THIS  SECTION  LOCATED
    6  WITHIN THIS STATE.
    7    S  2.  Subparagraphs  3  and  4  of  paragraph (b) of subdivision 3 of
    8  section 219 of the elder law are amended to read as follows:
    9    (3) the capacity of the designated agency to coordinate  its  services
   10  with health, human service and law enforcement and public agencies which
   11  provide  services  or  assistance  to  the  elderly, including the local
   12  department of social services adult protective services unit; [and] OR
   13    (4) THE CAPACITY OF THE DESIGNATED AGENCY TO COORDINATE  ITS  SERVICES
   14  WITH  BANKING,  HUMAN  SERVICE  AND  LAW ENFORCEMENT AND PUBLIC AGENCIES
   15  WHICH PROVIDE SERVICES OR ASSISTANCE TO THE ELDERLY, INCLUDING THE LOCAL
   16  DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES UNIT; AND
   17    (5) any other criteria determined by the director to be appropriate.
   18    S 3. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law. Effective immediately, the addition,  amend-
   20  ment and/or repeal of any rule or regulation necessary for the implemen-
   21  tation  of this act on its effective date is authorized to be made on or
   22  before such date.