Bill Text: NY S05037 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the reporting of suspected financial exploitation; requires the superintendent of the department of financial services to develop guidelines relating to reporting suspected financial exploitation; provides that a third party who reports suspected financial abuse shall have immunity from any civil or criminal liability as a result.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2019-04-04 - REFERRED TO BANKS [S05037 Detail]

Download: New_York-2019-S05037-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 4, 2019
          PERSAUD, SANDERS, SEPULVEDA -- read twice  and  ordered  printed,  and
          when printed to be committed to the Committee on Banks
        AN  ACT  to amend the banking law, in relation to reporting of suspected
          financial exploitation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The banking law is amended by adding a new section 9-x to
     2  read as follows:
     3    § 9-x. Reporting of suspected financial exploitation. 1. For  purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a)  "financial  exploitation" shall mean activity prohibited pursuant
     6  to sections 190.25, 190.26,  190.60,  190.65,  190.78,  190.79,  190.80,
     7  190.80-a,  190.81, 190.82, and 190.83 of the penal law or activity meant
     8  to deprive an individual of assets or property by  deceptive,  manipula-
     9  tive, or other illegal means.
    10    (b) "financial institution" shall mean any banking institution, credit
    11  union, investment brokerage, and any other entity licensed by the super-
    12  intendent.
    13    (c)  "superintendent"  shall mean the superintendent of the department
    14  of financial services.
    15    2. The superintendent, in consultation with the director of the office
    16  for the aging, the attorney general, representatives  of  the  financial
    17  services  industry,  law enforcement, senior groups, and district attor-
    18  neys, shall develop guidelines relating to reporting suspected financial
    19  exploitation. Such guidelines shall include, but not be limited to:
    20    (a) the types of warning signs and evidence that would  be  acceptable
    21  indicators of financial exploitation;
    22    (b) when suspected financial exploitation should be reported;
    23    (c) to whom suspected financial exploitation should be reported;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5037                             2
     1    (d)  information  that  should  be  included  in a report of suspected
     2  financial abuse; and
     3    (e)  the  applicable laws, rules and regulations that must be followed
     4  while reporting suspected financial abuse.
     5    3. A financial institution located or doing business in this state  or
     6  an  employee thereof who, acting reasonably and in good faith in accord-
     7  ance with these guidelines, reports suspected financial abuse shall have
     8  immunity from any civil liability that might otherwise result by  reason
     9  of such actions.
    10    4.  The  superintendent  is  directed to promulgate any rules or regu-
    11  lations necessary to carry out the provisions of this section.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.