Aged or incapacitated adults; financial exploitation, authority to refuse transactions. (SB1490)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Sen. Jeremy McPike (D-Dale City)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Financial exploitation of aged or incapacitated adults; authority to refuse transactions or disbursements. Authorizes financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds, regardless of whether such staff has reported suspected financial exploitation, if the financial institution staff (i) believes in good faith that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult or (ii) makes, or has actual knowledge that another person has made, a report to the local department of social services or adult protective services hotline stating a good faith belief that the transaction or disbursement may involve, facilitate, result in, or contribute to the financial exploitation of an aged or incapacitated adult. The measure authorizes financial institution staff to continue to refuse to execute a transaction, delay a transaction, or refuse to disburse funds for not more than 30 business days after the date such transaction or disbursement was initially requested on the basis of such a good faith belief, unless otherwise ordered by a court. The measure authorizes such staff, to the extent permitted by law, to report any information or records relevant to an investigation. A financial institution and its staff are immune from civil or criminal liability, absent gross negligence or willful misconduct, for refusing to execute a transaction, delaying a transaction, or refusing to disburse funds pursuant to this measure. This bill incorporates SB 1175 and is identical to HB 1987. Read the Bill »


Bill Has Passed


01/08/2019Prefiled and ordered printed; offered 01/09/19 19104181D
01/08/2019Referred to Committee on Rehabilitation and Social Services
01/11/2019Impact statement from DPB (SB1490)
01/17/2019Assigned Rehab sub: Subcommittee #2
01/25/2019Reported from Rehabilitation and Social Services with substitute (15-Y 0-N) (see vote tally)
01/25/2019Committee substitute printed 19105408D-S1
01/28/2019Incorporates SB1175 (McPike)
01/28/2019Impact statement from DPB (SB1490S1)
01/28/2019Constitutional reading dispensed (37-Y 0-N) (see vote tally)
01/29/2019Read second time
01/29/2019Reading of substitute waived
01/29/2019Committee substitute agreed to 19105408D-S1
01/29/2019Engrossed by Senate - committee substitute SB1490S1
01/30/2019Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/04/2019Placed on Calendar
02/04/2019Read first time
02/04/2019Referred to Committee on Commerce and Labor
02/12/2019House committee, floor amendments and substitutes offered
02/12/2019Reported from Commerce and Labor with substitute (22-Y 0-N) (see vote tally)
02/12/2019Committee substitute printed 19106594D-H1
02/12/2019Read second time
02/13/2019Impact statement from DPB (SB1490H1)
02/13/2019Read third time
02/13/2019Committee substitute agreed to 19106594D-H1
02/13/2019Engrossed by House - committee substitute SB1490H1
02/13/2019Passed House with substitute BLOCK VOTE (98-Y 0-N)
02/13/2019VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/15/2019House substitute rejected by Senate (0-Y 39-N) (see vote tally)
02/18/2019House insisted on substitute
02/18/2019House requested conference committee
02/19/2019Senate acceded to request (38-Y 0-N) (see vote tally)
02/19/2019Conferees appointed by Senate
02/19/2019Senators: Obenshain, McDougle, Spruill
02/20/2019Conferees appointed by House
02/20/2019Delegates: Ware, Hugo, Filler-Corn
02/22/2019C Amended by conference committee
02/22/2019Conference substitute printed 19107521D-S2
02/22/2019Conference report agreed to by House (98-Y 0-N)
02/22/2019VOTE: ADOPTION (98-Y 0-N) (see vote tally)
02/22/2019Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/26/2019Impact statement from DPB (SB1490S2)
03/07/2019Bill text as passed Senate and House (SB1490ER)
03/07/2019Impact statement from DPB (SB1490ER)
03/07/2019Signed by Speaker
03/09/2019Signed by President
03/11/2019Enrolled Bill Communicated to Governor on March 11, 2019
03/11/2019G Governor's Action Deadline Midnight, March 26, 2019
03/18/2019G Approved by Governor-Chapter 421 (effective 7/1/19)
03/18/2019G Acts of Assembly Chapter text (CHAP0421)