House Amendment 1
H 5162 - Session 126 (2025-2026)
Protecting Eligible Adults from Financial Exploitation

The Labor, Commerce and Industry Committee proposes the following amendment (LC-5162.SA0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 34-3-900(A)(3)(b) and inserting:

   (b) causing an eligible adult to purchase goods or services or engage in a transaction for the profit or advantage of the seller or another person through undue influence, harassment, duress, force, coercion, or swindling by overreaching, cheating, misrepresentations, or defrauding the eligible adult through cunning arts or devices that delude the eligible adult and cause him to lose money or other property.

Amend the bill further, SECTION 1, by striking Section 34-3-900(F) and inserting:

 (F) Any decline or hold of a disbursement or transaction as authorized by this section will expire upon the sooner of:
  (1) upon a determination by the financial institution that allowing the transaction will not result in the financial exploitation of an eligible adult;
  (2) at the time provided for by the financial institution in its account agreement;
  (2)(3) if not otherwise provided for in a financial institution's account agreement, thirty business days after the date on which the financial institution first declined or placed on hold the transaction unless an appropriate investigative entity as set forth in Section 43-35-10(5) requests that the financial institution extend the delay, in which case the delay shall expire no more than fifty-five business days after the date on which the financial institution first declined or placed on hold the transaction; or
  (3)(4) the order of a court of competent jurisdiction.

Renumber sections to conform.

Amend title to conform.