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Thursday, March 22, 2007

Bill calls for teller reports of elder abuse



Cathleen Allison/Nevada Appeal William Uffelman, of the Nevada Banking Association, testifies during an Assembly Judiciary committee hearing Wednesday.
Cathleen Allison/Nevada Appeal William Uffelman, of the Nevada Banking Association, testifies during an Assembly Judiciary committee hearing Wednesday.ENLARGE
Cathleen Allison/Nevada Appeal William Uffelman, of the Nevada Banking Association, testifies during an Assembly Judiciary committee hearing Wednesday.
Banking lobbyists argued Wednesday against a bill that makes it a misdemeanor for a bank employee to not report financial abuse of an elderly person, saying it could make criminals out of bank tellers.

AB87 expands an existing law that requires reporting elder abuse to include employees of financial institutions that deal directly with someone 60 or older or that review their financial transactions.

Keri Bailey, a lobbyist with the Nevada Credit Union League, said the bill targets the wrong people and sets up an adversarial relationship with customers that banks hope to serve.

"The criminal in elder financial abuse should be the abuser, not credit union employees," Bailey told the Assembly Judiciary Committee.

The Nevada Banking Association also was concerned the bill would open banks to lawsuits, and asked for amendments to allow for immunity from civil liability if a report doesn't result in an actual finding of abuse.

Washoe County District Attorney Karl Hall backed the bill, saying it will help adult protective services and law enforcement get a handle on elder abuse problems since financial exploitation occurs more often than physical abuse.

Judiciary Chairman Bernie Anderson, D-Sparks, wondered how employees who are not close with customers will be able to spot suspicious transactions, saying, "How will the average bank teller know this is out of the ordinary?"

Hall responded, "All we want to do is get the ball rolling, to see if there is something going on."

William Uffelman of the Nevada Banking Association said it is not always clear to a bank teller who spends minimal time with a customer whether abuse is taking place.

"You've highlighted the difficulty with this bill and with this kind of law. That's where the training comes in. You are referring somebody's personal information to a third party because of what you perceive to be a difficulty," said Uffelman.

Hall had worked with the banking associations to come up with an amendment that would satisfy them, but industry representatives said Wednesday the amendment was not enough.

The National Center on Elder Abuse estimates there were almost 400,000 reports of elder abuse in the United States in 2004. Most often, family members report abuse, but other reporters include neighbors, social services staff, law enforcement and doctors.


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