Kansas House Bill HB2243

Kansas 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 1/31/23
• Failed: 4/30/24

Caption

Enacting the protect vulnerable adults from financial exploitation act.

Impact

The implementation of HB2243 will significantly amend existing state securities laws by introducing mandatory reporting obligations for financial professionals. It provides civil and administrative immunity to those who report suspected exploitation in good faith and exercising reasonable care. This encourages wider reporting without fear of legal repercussions, aiming to deter financial exploitation through enhanced vigilance. Furthermore, the bill allows broker-dealers and investment advisers to delay disbursements when they suspect financial exploitation, creating an additional layer of protection for eligible adults.

Summary

House Bill 2243, known as the Protect Vulnerable Adults from Financial Exploitation Act, is designed to enhance protections for eligible adults against financial exploitation. The bill establishes a framework for identifying and reporting instances of financial exploitation, particularly those affecting the elderly and dependent adults. It requires qualified individuals—such as agents and investment advisers—to report suspected exploitation if they reasonably believe it has occurred, attempted, or is being attempted. The act also outlines the responsibilities and protections for individuals making these reports.

Contention

While the bill is primarily intended to protect vulnerable adults from financial exploitation, it may provoke discussions regarding the balance of responsibility between financial institutions and their clients. Some may argue that the imposed obligation on financial professionals could lead to unnecessary delays in services for eligible adults. Others may contend that the bill does not go far enough in addressing the complexities of financial exploitation in modern contexts, leaving potential loopholes or insufficient safeguards in place for the most vulnerable individuals.