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2019 SESSION
SB 1490 Aged or incapacitated adults; financial exploitation, authority to refuse transactions.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Financial exploitation of aged or incapacitated adults; authority to refuse transactions or disbursements. Authorizes financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds, regardless of whether such staff has reported suspected financial exploitation, if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department of social services or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult. The measure authorizes financial institution staff to continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for not more than 30 business days after the date such transaction or disbursement was initially requested on the basis of such a good faith belief, unless otherwise ordered by a court. The measure authorizes such staff, to the extent permitted by law, to report any information or records relevant to an investigation. A financial institution and its staff are immune from civil or criminal liability, absent gross negligence or willful misconduct, for refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this measure. This bill incorporates SB 1175 and is identical to HB 1987.
FULL TEXT
- 01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19104181D pdf | impact statement
- 01/25/19 Senate: Committee substitute printed 19105408D-S1 pdf | impact statement
- 02/12/19 House: Committee substitute printed 19106594D-H1 pdf | impact statement
- 02/22/19 Senate: Conference substitute printed 19107521D-S2 pdf | impact statement
- 03/07/19 Senate: Bill text as passed Senate and House (SB1490ER) pdf | impact statement
- 03/18/19 Governor: Acts of Assembly Chapter text (CHAP0421) pdf
AMENDMENTS
HISTORY
- 01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19104181D
- 01/08/19 Senate: Referred to Committee on Rehabilitation and Social Services
- 01/17/19 Senate: Assigned Rehab sub: Subcommittee #2
- 01/25/19 Senate: Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)
- 01/25/19 Senate: Committee substitute printed 19105408D-S1
- 01/28/19 Senate: Incorporates SB1175 (McPike)
- 01/28/19 Senate: Constitutional reading dispensed (37-Y 0-N)
- 01/29/19 Senate: Read second time
- 01/29/19 Senate: Reading of substitute waived
- 01/29/19 Senate: Committee substitute agreed to 19105408D-S1
- 01/29/19 Senate: Engrossed by Senate - committee substitute SB1490S1
- 01/30/19 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/04/19 House: Placed on Calendar
- 02/04/19 House: Read first time
- 02/04/19 House: Referred to Committee on Commerce and Labor
- 02/12/19 House: Reported from Commerce and Labor with substitute (22-Y 0-N)
- 02/12/19 House: Committee substitute printed 19106594D-H1
- 02/12/19 House: Read second time
- 02/13/19 House: Read third time
- 02/13/19 House: Committee substitute agreed to 19106594D-H1
- 02/13/19 House: Engrossed by House - committee substitute SB1490H1
- 02/13/19 House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
- 02/13/19 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/15/19 Senate: House substitute rejected by Senate (0-Y 39-N)
- 02/18/19 House: House insisted on substitute
- 02/18/19 House: House requested conference committee
- 02/19/19 Senate: Senate acceded to request (38-Y 0-N)
- 02/19/19 Senate: Conferees appointed by Senate
- 02/19/19 Senate: Senators: Obenshain, McDougle, Spruill
- 02/20/19 House: Conferees appointed by House
- 02/20/19 House: Delegates: Ware, Hugo, Filler-Corn
- 02/22/19 Conference: Amended by conference committee
- 02/22/19 Senate: Conference substitute printed 19107521D-S2
- 02/22/19 House: Conference report agreed to by House (98-Y 0-N)
- 02/22/19 House: VOTE: ADOPTION (98-Y 0-N)
- 02/22/19 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/07/19 Senate: Enrolled
- 03/07/19 Senate: Bill text as passed Senate and House (SB1490ER)
- 03/07/19 House: Signed by Speaker
- 03/09/19 Senate: Signed by President
- 03/11/19 Senate: Enrolled Bill Communicated to Governor on March 11, 2019
- 03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
- 03/18/19 Governor: Approved by Governor-Chapter 421 (effective 7/1/19)
- 03/18/19 Governor: Acts of Assembly Chapter text (CHAP0421)