HB461: establishing a commission to study financial exploitation of the elderly and persons with disabilities.

CHAPTER 227

HB 461 - FINAL VERSION

06/05/03 2024s

24jun03... 2078CofC

2003 SESSION

03-0716

01/09

HOUSE BILL 461

AN ACT establishing a commission to study financial exploitation of the elderly and persons with disabilities.

SPONSORS: Rep. Joseph Manning, Ches 28; Rep. Batula, Hills 58; Rep. Itse, Rock 80; Sen. Martel, Dist 18

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill establishes a commission to study financial exploitation of the elderly and persons with disabilities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/05/03 2024s

24jun03... 2078CofC

03-0716

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a commission to study financial exploitation of the elderly and persons with disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

227:1 Purpose. The general court recognizes that financial exploitation of the elderly and persons with disabilities is a growing problem. Therefore, the general court hereby establishes a commission to study financial exploitation, its causes, penalties and remedies, and the challenges and barriers facing the state in its efforts to protect victims and prosecute offenders.

227:2 Commission Established. There is established a commission to study financial exploitation of the elderly and persons with disabilities.

227:3 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) One member of the senate, appointed by the president of the senate.

(c) The commissioner of the department of health and human services, or designee.

(d) The director of the division of elderly and adult services, department of health and human services.

(e) The administrative judge of the probate courts, or designee.

(f) The attorney general, or designee.

(g) A representative of the medicaid fraud control unit, appointed by the attorney general.

(h) A representative of the New Hampshire banking industry, appointed by the New Hampshire Bankers Association.

(i) An attorney, appointed by the New Hampshire Bar Association.

(j) A representative of a public guardianship agency, appointed by the governor.

(k) A local law enforcement officer, appointed by the governor.

II. The commission shall solicit information from any source the commission deems relevant.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

227:4 Duties. The commission's study shall include:

I. Promoting education and greater public awareness of financial exploitation and scams against the elderly.

II. Legal and ethical issues involving people with diminished capacity and the role of the probate courts, including guardianship and alternatives to guardianship and issues of self-determination.

III. Services and supports available to victims and people at risk of becoming victims, including those provided by the division of elderly and adult services, victim-witness programs, and domestic violence programs.

IV. Exploitation through the use of powers of attorney.

V. The role of financial institutions in recognizing and reporting suspicions of exploitation and working with state and local government and law enforcement, and barriers to cooperation.

VI. Challenges facing law enforcement agencies investigating financial crimes and crimes against older people or people with cognitive or physical impairments.

VII. Scams targeting the elderly.

VIII. The impact on the above issues of an aging population and more older people living in the community.

IX. Penalties and remedies.

227:5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.

227:6 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2004.

227:7 Effective Date. This act shall take effect upon its passage.

(Approved: July 7, 2003)

(Effective Date: July 7, 2003)