Bill Summary for S 140 (2013-2014)

Summary date: 

Apr 4 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

Senate committee substitute makes the following changes to the 2nd edition.

Makes technical and clarifying changes, changing references to "law enforcement" to "investigating entity," and inserting references to disabled adults as also covered under the provisions of this act. Adds reference to disabled adults to the bill title to better reflect the bill content and adds a definition fordisabled personto the act.Adds a definition for investigating entity;defines the term to mean a law enforcement agency investigating the alleged financial exploitation of a disabled adult or an older adultor a county department of social services investigating alleged financial exploitation of a disabled adult.

Deletes proposed GS 108A-106.1, which deals with the production of customers' financial records in cases of suspected financial exploitation. Makes conforming changes deleting references to that provision. Amends GS 108A-14 to add as a duty and responsibility of the director of social servicesreceiving and evaluating reports of financial exploitation of disabled adults, investigating credible reports of financial exploitation under new Article 6A of GS Chapter 108A, and taking appropriate action to protect these adults.

Amends proposed GS 108A-115 to require that any financial institution and its officers and employees have a duty to report a belief that a disabled or older adult is being financially exploited to the appropriate county department of social services. Clarifies that no financial institutions or its officers and employers may (was, shall) be held liable in any action if they acted in good faith.

Enacts new GS 108A-117 to require an investigating entity to provide notice to the older adult or disabled adult within 180 days afterthe investigating entity gains access to financial records of the older adult or disabled adult. Specifies what the notice must contain and the acceptable method for delivery of the notice. Also provides criteria for delayed notice upon the order of an appropriate court and basis for receiving an extension on any court-ordered delay of notice.

Effective October 1, 2013 (was, these provisions become effective on the first day of a month that is six months after this act becomes law).

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