AN ACT REQUIRING FINANCIAL INSTITUTIONS TO ACCEPT PROPERLY EXECUTED POWERS OF ATTORNEY.
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SB 190 — AN ACT REQUIRING FINANCIAL INSTITUTIONS TO ACCEPT PROPERLY EXECUTED POWERS OF ATTORNEY.
Last action — HOUSE CALENDAR NUMBER 604
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
20 added · 25 removed20 line(s) added, 25 removed.
LCO 4292 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00190-R01 of 9 SB.docx Committee Bill No.
4292190 1 of 9 Committee Bill No.190 (Insert account number) in (Insert name of financial institution) moneys, negotiable instruments or credits acceptable by said financial institution for deposit, to withdraw from said account, either personally or by order payable either to said agent individually or to another payee, all moneys now and hereafter deposited in my name and to my credit in said account, and to sign in my name any and all required receipts, orders, drafts and withdrawal slips therefor, giving said agent full power and authority to do and perform anything whatsoever requisite and necessary to be done with respect to said account as fully as I might or could do if personally present, hereby ratifying and confirming all that said agents shall do or cause to be done by virtue hereof.
If the principal dies, the power LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-001902 of 9 R02-SB.docx } Committee Bill No.
4292190 2 of 9 Committee Bill No.190 of attorney shall cease at the time of the principal's death, and the person acting under the power of attorney shall account to the fiduciary of the principal's estate.
LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00193 of 9 R02-SB.docx } Committee Bill No.
4292190 3 of 9 Committee Bill No.190 (4) "Good faith" means honesty in fact.
The term does not include a power exercisable in LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00190-4 of 9 R02-SB.docx } Committee Bill No.
4292190 4 of 9 Committee Bill No.190 a fiduciary capacity or only by will.
(a) For purposes of this section and section 1-350s, as amended by this act, "acknowledged" means purportedly verified before a notary public, a commissioner of the Superior Court or other individual LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-001905 of 9 R02-SB.docx } Committee Bill No.
4292190 5 of 9 Committee Bill No.190 authorized to take acknowledgments, and "person" means an individual, corporation, business trust, estate, trust, partnership, limited liabilitycompany, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity, but does not include a financial institution.
LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-001906 of 9 R02-SB.docx } Committee Bill No.
4292190 6 of 9 Committee Bill No.190 (e) An English translation or an opinion of counsel requested under subsection (d) of this section [must] shall be provided at the principal's expense [unless] if the request is made [more] (1) by a person not later than seven business days after the power of attorney is presented for acceptance, or (2) by a financial institution at the time the power of attorney is presented for acceptance.
and] A financial institution shall accept an acknowledged power of attorney upon LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00190-7 of 9 R02-SB.docx } Committee Bill No.
4292190 7 of 9 Committee Bill No.190 presentation of the power of attorney for acceptance, whether or not a certification, a translation or an opinion of counsel has been requested or provided pursuant to subsection (d) of section 1-350r, as amended by this act.
or [(6)] (5) The person or financial institution makes, or has actual knowledge that another person or financial institution has made, a report to the Bureau of Aging, Community and Social Work Services Division of the Department of Social Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00190-8 of 9 R02-SB.docx } Committee Bill No.
4292 8 of 9 Committee Bill No.
Section 1 October 1, 2019 1-56b October 1, 2019 Sec.
2 October 1, 2019 1-350a Sec.
4 October 1, 2019 1-350s StatementBA Joint Favorable LCO 4292 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00190- 9 of Purpose:9 R02-SB.docx }
To require financial institutions to accept authorized powers of attorney.
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
SEN.
KELLY, 21st Dist.
S.B.
190 LCO No.
4292 9 of 9
Action History
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HOUSE CALENDAR NUMBER 604
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FAV. RPT., TABLED FOR HOUSE CALENDER
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SENATE PASSED
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FILE NO. 211
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SENATE CALENDAR NUMBER 109
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/27/19
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FILED WITH LCO
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Joint Favorable
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REF. TO JOINT COMM. ON Banking
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DRAFTED BY COMMITTEE
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Vote to Draft
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PUBLIC HEARING 0214
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Reserved for Subject Matter Public Hearing
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REF. TO JOINT COMM. ON Banking
Sponsors
- Kevin C. Kelly · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 186 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (186)
186 members have not signed on to this bill.
Show all 186 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 190?
- SB 190 is sponsored by Kevin C. Kelly.
- What is the current status of SB 190?
- This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 190?
- Track SB 190 free on One Click Politics — get push/email alerts when it moves.
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