STAND. COM. REP. NO.292-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2696

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 2696 entitled:

"A BILL FOR AN ACT RELATING TO DETERRING AND PENALIZING FINANCIAL ABUSE OF ELDERS AND DEPENDANT ADULTS,"

begs leave to report as follows:

The purpose of this bill is to protect the elderly and dependent adults by creating a system of accountability of persons who have access to their financial records and accounts.

The Hawaii Government Employees Association and Honolulu Police Department (HPD) testified in support of this measure. The Department of Human Services supported the intent of this measure. The Office of the Public Defender submitted comments.

Your Committee finds that there is growing concern over financial abuse of the elderly and dependent adults. HPD testified that it is currently difficult to prosecute unless the elderly or dependent adult individual is able to testify.

Your Committee notes that the intent of this bill is worthy, but the Public Defender expressed concerns about the proposed language that may have unintended results against innocent people. However, your Committee finds that this bill merits further consideration and respectfully requests your Committee on Judiciary and Hawaiian Affairs to further investigate these concerns.

Accordingly, your Committee has amended this bill by:

(1) Removing provisions that any person in violation of misapplication of property or theft against elders or dependent adults automatically be subject to the maximum sentence;

(2) Changing the effective date to July 1, 2020, to promote further discussion; and

(3) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2696, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2696,

H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services and Housing,

 

____________________________

MICHAEL P. KAHIKINA, Chair