HB1987
Aged or incapacitated adults; financial exploitation, authority to refuse transactions.
Summary
As Passed Both Chambers. 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, ... (More) 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 is identical to SB 1490. (Less)-
Bill History
- 01/07/2019 - House: Prefiled and ordered printed; offered 01/09/19 19102607D
- 01/07/2019 - House: Referred to Committee on Commerce and Labor
- 01/10/2019 - House: Assigned C & L sub: Subcommittee #2
- 01/11/2019 - House: Impact statement from DPB (HB1987)
- 01/15/2019 - House: House subcommittee amendments and substitutes offered
- 01/15/2019 - House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 01/17/2019 - House: Reported from Commerce and Labor with substitute (22-Y 0-N)
- 01/17/2019 - House: Committee substitute printed 19104608D-H1
- 01/21/2019 - House: Read first time
- 01/22/2019 - House: Read second time
- 01/22/2019 - House: Committee substitute agreed to 19104608D-H1
- 01/22/2019 - House: Engrossed by House - committee substitute HB1987H1
- 01/23/2019 - House: Read third time and passed House BLOCK VOTE (96-Y 0-N)
- 01/23/2019 - House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
- 01/24/2019 - Senate: Constitutional reading dispensed
- 01/24/2019 - Senate: Referred to Committee on Commerce and Labor
- 01/24/2019 - House: Impact statement from DPB (HB1987H1)
- 02/11/2019 - Senate: Rereferred from Commerce and Labor (15-Y 0-N)
- 02/11/2019 - Senate: Rereferred to Rehabilitation and Social Services
- 02/15/2019 - Senate: Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)
- 02/15/2019 - Senate: Committee substitute printed 19106848D-S1
- 02/18/2019 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/19/2019 - Senate: Read third time
- 02/19/2019 - Senate: Reading of substitute waived
- 02/19/2019 - Senate: Committee substitute agreed to 19106848D-S1
- 02/19/2019 - Senate: Engrossed by Senate - committee substitute HB1987S1
- 02/19/2019 - Senate: Passed Senate with substitute (40-Y 0-N)
- 02/20/2019 - House: Impact statement from DPB (HB1987S1)
- 02/20/2019 - House: Senate substitute rejected by House 19106848D-S1 (0-Y 99-N)
- 02/20/2019 - House: VOTE: REJECTED (0-Y 99-N)
- 02/21/2019 - Senate: Senate insisted on substitute (40-Y 0-N)
- 02/21/2019 - Senate: Senate requested conference committee
- 02/21/2019 - House: House acceded to request
- 02/21/2019 - House: Conferees appointed by House
- 02/21/2019 - House: Delegates: Toscano, Ware, Hugo
- 02/21/2019 - Senate: Conferees appointed by Senate
- 02/21/2019 - Senate: Senators: Obenshain, McDougle, Spruill
- 02/22/2019 - Senate: Conferees reappointed by Senate
- 02/22/2019 - Senate: Senators: Obenshain, McDougle, Spruill
- 02/22/2019 - Senate: Conference report agreed to by Senate (40-Y 0-N)
- 02/22/2019 - Conference: Amended by conference committee
- 02/22/2019 - House: Conference substitute printed 19107620D-H2
- 02/22/2019 - House: Conference report agreed to by House (97-Y 1-N)
- 02/22/2019 - House: VOTE: ADOPTION (97-Y 1-N)
- 02/26/2019 - House: Impact statement from DPB (HB1987H2)
- 03/07/2019 - House: Enrolled
- 03/07/2019 - House: Bill text as passed House and Senate (HB1987ER)
- 03/07/2019 - House: Impact statement from DPB (HB1987ER)
- 03/07/2019 - House: Signed by Speaker
- 03/09/2019 - Senate: Signed by President
- 03/11/2019 - House: Enrolled Bill communicated to Governor on March 11, 2019
- 03/11/2019 - Governor: Governor's Action Deadline Midnight, March 26, 2019
- 03/18/2019 - Governor: Approved by Governor-Chapter 420 (effective 7/1/19)
- 03/18/2019 - Governor: Acts of Assembly Chapter text (CHAP0420)
