S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    509
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  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 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:
 
   Section  1.  Section  202  of the elder law is amended by adding a new
 subdivision 17 to read as follows:
   17. TO CONDUCT AN OUTREACH, EDUCATION AND TRAINING PROGRAM FOR  FINAN-
 CIAL INSTITUTIONS AS DEFINED IN SUBDIVISION SIX OF SECTION 470.00 OF THE
 PENAL LAW.
   § 2. The elder law is amended by adding a new section 219-a to read as
 follows:
   §  219-A.  FINANCIAL  EXPLOITATION,  OUTREACH,  EDUCATION AND TRAINING
 PROGRAM. 1. DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM
 "DESIGNATED  AGENCY" SHALL HAVE THE MEANING ASCRIBED TO IT UNDER SECTION
 TWO HUNDRED FOURTEEN OF THIS TITLE  AND  "FINANCIAL  INSTITUTION"  SHALL
 HAVE  THE MEANING ASCRIBED TO IT IN SUBDIVISION SIX OF SECTION 470.00 OF
 THE PENAL LAW.
   2. THE DIRECTOR, WITHIN THE AMOUNTS APPROPRIATED THEREFOR,  SHALL,  IN
 CONJUNCTION  WITH  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES AND THE
 DEPARTMENT OF FINANCIAL SERVICES,  ESTABLISH  A  FINANCIAL  EXPLOITATION
 OUTREACH,  EDUCATION  AND  TRAINING  PROGRAM, HEREINAFTER REFERRED TO AS
 "THE PROGRAM" FOR THE PURPOSE OF PROVIDING AN  EDUCATION,  OUTREACH  AND
 TRAINING PROGRAM TO FINANCIAL INSTITUTIONS, TO CERTIFIED PUBLIC ACCOUNT-
 ANTS  LICENSED IN THIS STATE, TO ANY PREPARER OF TAXES OPERATING IN THIS
 STATE AND TO ATTORNEYS LICENSED IN THIS STATE. THE PROGRAM  SHALL  BE  A
 VOLUNTARY PROGRAM. THE DIRECTOR, IN CONJUNCTION WITH THE OFFICE OF CHIL-
 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.
                                                            LBD03348-02-7

 S. 509                              2
 
 COORDINATE  ACTIVITIES  TO  IDENTIFY  AND PROVIDE TRAINING TO THE INSTI-
 TUTIONS AND INDIVIDUALS DESCRIBED IN THIS SECTION.
   3. (A) AS PART OF THE PROGRAM, THE DIRECTOR MAY AWARD GRANTS TO QUALI-
 FIED   DESIGNATED  AGENCIES  TO  ESTABLISH  LOCAL  ELDERLY  EXPLOITATION
 OUTREACH, EDUCATION AND TRAINING PROGRAMS. QUALIFIED DESIGNATED AGENCIES
 SHALL WORK COLLABORATIVELY WITH SUCH INSTITUTIONS AND  INDIVIDUALS,  AND
 THEIR REPRESENTATIVE ASSOCIATIONS.
   (B) IN MAKING SUCH GRANTS, THE DIRECTOR SHALL CONSIDER:
   (1) THE MANNER IN WHICH THE DESIGNATED AGENCY PROPOSES TO PROVIDE SUCH
 EDUCATION, OUTREACH AND TRAINING;
   (2)  THE  CAPACITY OF THE DESIGNATED AGENCY TO COORDINATE ITS SERVICES
 WITH BANKING, HUMAN SERVICE AND  LAW  ENFORCEMENT  AND  PUBLIC  AGENCIES
 WHICH PROVIDE SERVICES OR ASSISTANCE TO THE ELDERLY, INCLUDING THE LOCAL
 DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES UNIT; AND
   (3) ANY OTHER CRITERIA DETERMINED BY THE DIRECTOR TO BE APPROPRIATE.
   4.  THE PROGRAM SHALL, AT A MINIMUM, CONSIST OF THE FOLLOWING ELEMENTS
 WHICH SHALL BE PROVIDED BY THE OFFICE:
   (A) EDUCATIONAL AND INFORMATIONAL MATERIALS IN PRINT,  AUDIO,  VISUAL,
 ELECTRONIC OR OTHER MEDIA;
   (B)  PUBLIC  SERVICE  ANNOUNCEMENTS,  ADVERTISEMENTS, MEDIA CAMPAIGNS,
 WORKSHOPS, MASS MAILINGS, CONFERENCES OR PRESENTATIONS; AND
   (C) INSTRUCTIONS ON HOW TO REPORT  KNOWN  OR  SUSPECTED  INCIDENTS  OF
 FINANCIAL  EXPLOITATION  OF THE ELDERLY, INCLUDING THE APPROPRIATE TELE-
 PHONE NUMBERS TO CALL AND THE TYPES OF INFORMATION THAT WOULD ASSIST THE
 OFFICE WITH ITS INVESTIGATION OF SUCH REPORTS.
   5. THE DIRECTOR SHALL CONVENE AN ADVISORY  COMMITTEE  MADE  UP  OF  AT
 LEAST  SEVEN, BUT NO MORE THAN TWELVE MEMBERS TO ADVISE THE DIRECTOR AND
 MAKE RECOMMENDATIONS ON THE ASPECTS OF DEVELOPING AND  IMPLEMENTING  THE
 PROGRAM.  MEMBERS  OF  THE  ADVISORY COMMITTEE SHALL INCLUDE, BUT NOT BE
 LIMITED TO: AT LEAST TWO REPRESENTATIVES FROM STATEWIDE SENIOR  ADVOCACY
 ORGANIZATIONS,  AT  LEAST  ONE  ATTORNEY  WHOSE PRACTICE CONCENTRATES IN
 ELDER LAW OR AN INDIVIDUAL ACTING ON BEHALF OF THE ELDER LAW SECTION  OF
 THE  NEW  YORK STATE BAR ASSOCIATION, AT LEAST ONE BANKER OR A REPRESEN-
 TATIVE OF AN ASSOCIATION REPRESENTING BANKERS, AT  LEAST  ONE  CERTIFIED
 PUBLIC  ACCOUNTANT  OR  A  REPRESENTATIVE OF AN ASSOCIATION REPRESENTING
 CERTIFIED PUBLIC ACCOUNTANTS, AT LEAST ONE MEMBER  REPRESENTING  PROTEC-
 TIVE  SERVICE  AGENCIES  FOR  ADULTS,  AND  AT LEAST ONE LAW ENFORCEMENT
 REPRESENTATIVE.
   § 3. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   § 98-D. FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND.
 1.  THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER
 AND THE SUPERINTENDENT OF FINANCIAL SERVICES A SPECIAL REVENUE  FUND  TO
 BE KNOWN AS THE FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING
 FUND.
   2.  THE  FINANCIAL EXPLOITATION, OUTREACH, EDUCATION AND TRAINING FUND
 SHALL CONSIST OF ALL MONEYS, APPROPRIATED THERETO, AND ALL  OTHER  FEES,
 FINES,  GRANTS, BEQUESTS OR OTHER MONIES CREDITED OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE.
   3. THE MONEYS OF THE FINANCIAL EXPLOITATION, OUTREACH,  EDUCATION  AND
 TRAINING  FUND SHALL BE DISBURSED BY THE COMPTROLLER TO THE STATE OFFICE
 FOR THE AGING FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS
 TWO HUNDRED NINETEEN AND TWO HUNDRED NINETEEN-A OF THE ELDER LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.