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S.B. 816 VETOES
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(1998 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Financial Institutions
1-306.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "FINANCIAL EXPLOITATION" MEANS ANY ACTION WHICH INVOLVES
THE MISUSE OF AN ADULT A CUSTOMER'S FUNDS OR PROPERTY.
(3) "REPORT" MEANS AN ORAL OR WRITTEN REPORT CONCERNING
FINANCIAL EXPLOITATION WHICH MAY INCLUDE ALL OR PART OF THE
INFORMATION DESCRIBED IN § 14-302(D) OF THE FAMILY LAW ARTICLE.
4A) (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FIDUCIARY
INSTITUTION OR AN OFFICER, EMPLOYEE, AGENT, OR DIRECTOR OF A FIDUCIARY
INSTITUTION MAY DISCLOSE FINANCIAL RECORDS AND ANY OTHER INFORMATION
RELATING TO A AN ADULT A CUSTOMER OF THE FIDUCIARY INSTITUTION IF THE
FIDUCIARY INSTITUTION OR ITS OFFICER, EMPLOYEE, AGENT, OR DIRECTOR:
(1) HAS REASON TO BELIEVE BELIEVES THAT THE CUSTOMER HAS BEEN
SUBJECTED TO FINANCIAL EXPLOITATION; AND
(2) MAKES THE DISCLOSURE IN A REPORT TO THE ADULT PROTECTIVE
SERVICES PROGRAM IN A LOCAL DEPARTMENT OF SOCIAL SERVICES IN A REPORT
FILED UNDER § 14-302(C) OF THE FAMILY LAW ARTICLE.
(C) (1) A REPORT FILED BY A FIDUCIARY INSTITUTION OR AN OFFICER.
EMPLOYEE, AGENT. OR DIRECTOR OF A FIDUCIARY INSTITUTION PURSUANT TO THIS
SECTION SHALL BE DEEMED TO PROTECT AGAINST OR PREVENT ACTUAL OR
POTENTIAL FRAUD. UNAUTHORIZED TRANSACTIONS, OR OTHER LIABILITY.
(2) (D) A FIDUCIARY INSTITUTION OR AN OFFICER EMPLOYEE. AGENT.
OR DIRECTOR OF A FIDUCIARY INSTITUTION MAY DECLINE TO PROVIDE TO ANY
PERSON INFORMATION THAT WOULD DISCLOSE OR INDICATE WHETHER A REPORT
HAS OR HAS NOT BEEN MADE UNDER THIS SECTION.
(B) (D) (E) THERE SHALL BE NO LIABILITY ON THE PART OF AND, NO
CAUSE OF ACTION OF ANY NATURE SHALL ARISE AGAINST. AND THERE SHALL BE
IMMUNITY FROM ANY CIVIL AND CRIMINAL LIABILITY THAT WOULD OTHERWISE
RESULT FOR A FIDUCIARY INSTITUTION OR AN OFFICER, EMPLOYEE, AGENT, OR
DIRECTOR OF A FIDUCIARY INSTITUTION FOR AN ACTION OR OMISSION INVOLVED
WITH:
(1) MAKING OR PARTICIPATING IN MAKING A DISCLOSURE OR REPORT
UNDER SUBSECTION (A) OF THIS SECTION; OR
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- 4180 -
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