Bill Summary for S 140 (2013-2014)

Summary date: 

Feb 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 140 (Public) Filed Wednesday, February 27, 2013
A BILL TO BE ENTITLED AN ACT TO INCREASE THE RECOGNITION, REPORTING, AND PROSECUTION OF THOSE WHO WOULD DEFRAUD OR FINANCIALLY EXPLOIT DISABLED OR OLDER ADULTS, AND TO CONTINUE THE TASK FORCE ON FRAUD AGAINST OLDER ADULTS, AS RECOMMENDED BY THE TASK FORCE ON FRAUD AGAINST OLDER ADULTS.
Intro. by Bingham.

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Bill summary

Amends GS 14-112.2 (criminal exploitation of an elder adult or disabled adult) defining elder adult as any person 60 or older and removing requirement that the person lack ability to safeguard his or her rights or resources.  Makes it a crime to obtain or use an elder or disabled adult's resources by deception or intimidation.  Also removes requirement that perpetrator of financial exploitation knows victim lacks capacity to consent.

Amends GS 53B-4 (Access to financial records) and GS 53B-9 (duty of financial institutions; limitation of liability) to allow access to financial records by a county department of social services director or law enforcement agency investigating a credible report of financial exploitation following specified notice to the financial institution.

Amends GS Chapter 108A (Protection of Abused, Neglected or Exploited Disabled Adults) adding section GS 108A-106.1.  Requires financial institutions to provide financial records of a disabled adult customer to county departments of social services following specified notice of investigation of financial exploitation.  Provides immunity for financial institutions and law enforcement agencies, and officers and employees, who provide, seek, or obtain records.  Provides that customers shall not be subject to criminal or civil action based on the information disclosed, but such financial information may be used against a joint account owner accused of financial exploitation.

Amends GS Chapter 108A adding a new Article 6A (Protection of Older Adults From Financial Exploitation).  States legislative intent to fight financial exploitation.  Encourages financial institutions to maintain a contact list for older adult customers in case of financial exploitation.  Requires financial institutions to report suspected financial exploitation to law enforcement and the person's contact list.  Similar to provisions for new section GS 108A-106.1 above, requires disclosure of financial records upon proper notice, provides immunity for financial institutions and law enforcement, and provides customer protections from disclosure.

Amends SL 2011-189 to require the Task Force on Fraud Against Older Adults to report by February 1, 2013 (was, October 1, 2012), and also requires a report on the efficacy of any adopted recommendations to the Joint Legislative Oversight Committee on Health and Human Services prior to the 2014 Regular Session.  Dissolves the Task Force upon filing its final report on May 1, 2015.  Adds to the Task Force the North Carolina Credit Union League and an association representing non-depository financial institutions.

Effective six months after the act becomes law, except for Task Force matters that are effective when the act becomes law.

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