West Virginia 2025 Regular Session

West Virginia House Bill HB3294

Introduced
3/10/25  
Refer
3/10/25  
Engrossed
4/1/25  
Refer
4/3/25  
Refer
4/3/25  

Caption

Enacting the Bank Protections for Eligible Adults from Financial Exploitation Act

Impact

The proposal introduces new regulations in West Virginia's banking code, particularly concerning how financial institutions handle transactions involving eligible adults, defined as those aged 65 and over or those with diminished capacity. By allowing these institutions to take protective measures, such as delaying transactions and notifying designated state agencies, the bill seeks to bolster the financial security of elderly and incapacitated individuals, thus shaping the legal landscape regarding financial client protections significantly. The bill does not create a mandatory duty on financial institutions to block transactions but gives them the discretion to act based on reasonable suspicion of exploitation.

Summary

House Bill 3294 aims to protect eligible adults from financial exploitation by providing banking and financial services providers with specific tools and legal protections. This bill, known as the 'Bank Protections for Eligible Adults from Financial Exploitation Act,' establishes a framework that allows depository institutions, broker-dealers, and investment advisers to delay or refuse transactions when they suspect financial exploitation may be occurring. The overarching goal is to ensure that vulnerable adults have access to their funds while also empowering financial institutions to act in the interest of their clients when abuse or exploitation is suspected.

Sentiment

General sentiment around HB 3294 is supportive among advocates for the elderly and financial protection groups, who see it as a necessary step to guard against the rising cases of financial exploitation. However, some concerns have been raised about the potential for overreach, where financial institutions might excessively delay transactions, causing inconvenience for eligible adults and potentially limiting their access to essential funds. The discussion highlights the delicate balance between protecting vulnerable adults and maintaining their autonomy over their finances.

Contention

Notable points of contention center on whether the bill adequately protects the rights of eligible adults while ensuring adequate protections against financial exploitation. Critics argue that while the intention is noble, there may be inadequate safeguards against banks misusing these new powers, leading to unnecessary transaction delays or denying access to funds without sufficient grounds. The bill proposes immunity for financial institutions from liability when acting on suspected exploitation, which, while protecting the institutions, raises questions about recourse for clients who may face undue restrictions.

Companion Bills

WV SB848

Similar To Enacting bank protections for eligible adults from financial exploitation

Previously Filed As

WV HB5193

Relating to financial exploitation of a person in recovery

WV HB4780

Reorganizing the Board of Banking and Financial Institutions, the Division of Financial Institutions, and the Lending and Credit Rate Board

WV SB463

Reorganizing Board of Banking and Financial Institutions, Division of Financial Institutions, and Lending and Credit Rate Board

WV HB2073

To establish a state bank of West Virginia

WV SB637

Fair Access to Financial Services Act

WV SB214

Fair Access to Financial Services Act

WV SB430

Relating to State Treasurer’s authority to contract with financial institutions for banking goods and services

WV HB3480

Enact the West Virginia Consumer Financial Privacy Act of 2023

WV SB826

Creating exemption from bond or security requirement of banking institutions holding certain funds for county commissions

WV HB2004

Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct

Similar Bills

CA AB83

The California Elder Financial Abuse Prevention Act.

WV SB848

Enacting bank protections for eligible adults from financial exploitation

UT SB0183

Financial Institutions Modifications

MS HB1044

Mississippi Bullion Depository; establish.

MS HB1042

Mississippi Bullion Depository; establish.

MS HB1043

Mississippi Bullion Depository; establish and authorize fractional reserve currency.

MS HB1661

Mississippi Bullion Depository; establish.

MS HB1684

Mississippi Bullion Depository; establish and authorize fractional reserve currency.