SCS/HCS/HB 354 - This act modifies provisions relating to the protection of vulnerable populations.
ABLE ASSETS (SECTIONS 209.625 and 472.010)
This act provides that the assets held in an ABLE account shall not be considered the property of a conservatorship estate, with the exception of accounts in the charge and custody of a public administrator.
This provision is identical to SB 426 (2019), a provision in the truly agreed to CCS/SS/SCS/SB 230 (2019), and a provision in SCS/HCS/HB 678 (2019).
SENIOR SAVINGS PROTECTION ACT (SECTIONS 409.605 to 409.630)
Under current law, only qualified individuals, as defined by law, are permitted to:
• Notify authorities of the financial exploitation of senior citizens or persons with certain disabilities; or
• Refuse disbursement of funds from the account of a senior citizen or person with a certain disability.
This act modifies the definition of "qualified individual" to include broker dealers and investment advisers in addition to persons associated with a broker-dealer or investment adviser.
Current law permits a qualified individual to notify certain persons connected with a senior citizen or person with a certain disability of suspected financial exploitation of such person. This act additionally permits an investment adviser representative to make such notifications. Additionally, the Department of Health and Senior Services and the Commissioner of Securities may provide information regarding the senior citizen or person with a certain disability to the qualified individual or investment adviser representative upon request.
Current law allows a qualified individual to refuse a request for disbursement from the account of a senior citizen or person with a certain disability if the qualified individual reasonably believes that the disbursement will result in financial exploitation of the person. This act additionally permits refusal of any request for a transaction from the account of such a person.
The act provides that in the event of a refusal of a disbursement or transaction from the account of a senior citizen or person with a certain disability, a qualified individual shall notify the Department of Health and Senior Services and the Commissioner of Securities within two business days. Current law requires notification within three business days. Additionally, the act requires the qualified individual to send a written notice, in the manner described in the act, to the qualified adult within two business days.
The act allows the Commissioner of Securities and the Director of the Department of Health and Senior Services to enter an order extending any refusal of a disbursement or transaction for the time necessary to protect the senior citizen or person with a certain disability. Subsequent to issuing such an order, the respective agency shall conduct a review every 30 days to determine if the extending order shall remain in effect.
The act extends immunity from any civil liability under the Senior Savings Protection Act to an investment adviser representative if he or she acts in good faith and exercises reasonable care in complying with the provisions of the act.
The act requires an investment adviser to provide access to and copies of records that are relevant to any suspected financial exploitation of a senior citizen or person with a certain disability to the Department of Health and Senior Services, the Commissioner of Securities, or law enforcement, upon request.
The Commissioner of Securities is required to make available to investment advisers and investment adviser representatives training resources on the prevention and detection of financial exploitation of senior citizens and persons with certain disabilities.
These provisions are substantially similar to SB 142 (2019) and provisions in SB 486 (2019).
ACTIONS AND PENALTIES UNDER THE MISSOURI SECURITIES ACT OF 2003 (SECTIONS 490.4-412 TO 409.6-604)
The Commissioner of Securities may impose a civil penalty up to $25,000 for each violation of the Missouri Securities Act and may impose an additional penalty of $15,000, in certain circumstances, if the victim was an elderly or disabled person. The act requires the Commissioner to file an action or issue an order within five years of acquiring actual knowledge of a person violating provisions of the Missouri Securities Act regarding the offer, sale, or purchase of a security. Otherwise, the Commissioner is required to file an action within 15 years. This provision is substantially similar to a provision in SB 486 (2019).
GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS
(SECTIONS 475.035 and 475.115)
This act modifies current law to require proper venue in cases of appointment of a guardian or conservator of a minor or incapacitated or disabled person to be the following: (1) the county where the minor or incapacitated or disabled person is domiciled, as long as placement by a court, fiduciary, or agency in such county does not count as choice of domicile; or (2) if there is no domicile, then the county where the minor or incapacitated or disabled person has a significant connection, as specified in the act. If venue for guardianship and conservatorship is in different counties, then venue shall be in the county of the guardianship.
Additionally, this act repeals provisions of current law regarding the commencement of proceedings in more than one county and venue when transferring certain cases involving the appointment of a successor guardian or conservator.
These provisions are identical to provisions in the truly agreed to CCS/SS/SCS/SB 230 (2019) and provisions in SCS/HCS/HB 678 (2019).