HB 1945 Adult exploitation; broadens definition for purposes of social services laws.
Christopher K. Peace | all patrons    ...    notes
| add to my profiles

Summary as passed House: (all summaries)

Adult exploitation. Broadens the definition of "adult exploitation" for the purposes of social services laws to include the unauthorized, improper, or fraudulent use of an adult 60 years of age or older, or 18 years of age or older who is incapacitated, or his funds, property, benefits, or other assets for the benefit of another, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, or other assets. The bill provides that "adult exploitation" includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services. In addition, the requirement that such adult 60 years of age or older be incapacitated is removed from the definition, and the bill amends the definitions of "adult abuse," "adult neglect," and "adult protective services" to apply to adults 60 years of age or older, or 18 years of age or older who are incapacitated. The bill also broadens the definition of "financial institution staff" for the purposes of protecting aged or incapacitated adults to include any employee, agent, qualified individual, or representative of a bank, trust company, savings institution, loan association, consumer finance company, credit union, investment company, investment advisor, securities firm, accounting firm, or insurance company.

Full text:
01/10/17  House: Prefiled and ordered printed; offered 01/11/17 17101758D  pdf | impact statement
01/31/17  House: Committee substitute printed 17104836D-H1  pdf | impact statement
02/16/17  House: Bill text as passed House and Senate (HB1945ER)  pdf | impact statement
02/23/17  Governor: Acts of Assembly Chapter text (CHAP0195)  pdf

Status:
01/10/17  House: Prefiled and ordered printed; offered 01/11/17 17101758D
01/10/17  House: Referred to Committee on Health, Welfare and Institutions
01/17/17  House: Assigned HWI sub: Subcommittee #2
01/26/17  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/26/17  House: Subcommittee recommends referring to Committee on Appropriations
01/31/17  House: Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
01/31/17  House: Committee substitute printed 17104836D-H1
01/31/17  House: Referred to Committee on Appropriations
01/31/17  House: Assigned App. sub: Health & Human Resources
02/01/17  House: Subcommittee recommends reporting (7-Y 0-N)
02/01/17  House: Reported from Appropriations (20-Y 0-N)
02/03/17  House: Read first time
02/06/17  House: Read second time
02/06/17  House: Committee substitute agreed to 17104836D-H1
02/06/17  House: Engrossed by House - committee substitute HB1945H1
02/07/17  House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/07/17  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/08/17  Senate: Constitutional reading dispensed
02/08/17  Senate: Referred to Committee on Rehabilitation and Social Services
02/10/17  Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
02/13/17  Senate: Constitutional reading dispensed (39-Y 0-N)
02/14/17  Senate: Read third time
02/14/17  Senate: Passed Senate (40-Y 0-N)
02/16/17  House: Enrolled
02/16/17  House: Bill text as passed House and Senate (HB1945ER)
02/16/17  House: Signed by Speaker
02/17/17  Senate: Signed by President
02/17/17  House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17  Governor: Governor's Action Deadline Midnight, February 24, 2017
02/23/17  Governor: Approved by Governor-Chapter 195 (effective 7/1/17)
02/23/17  Governor: Acts of Assembly Chapter text (CHAP0195)