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Bill to require reporting and AG oversight for elder exploitation wins supportive testimony
Summary
Rep. Bill Mercer told the Senate Judiciary Committee HB 743 would require county attorneys and Adult Protective Services to report alleged elder exploitation to the Attorney General to improve transparency and prosecutorial oversight; DOJ and DPHHS supported the measure and the fiscal note was described as $0 in the updated version.
Representative Bill Mercer presented House Bill 743 to the Senate Judiciary Committee as an extension of previous reporting regimes for child abuse to the financial and physical exploitation of elders and vulnerable adults. Mercer said mandatory reporting from Adult Protective Services and other mandatory reporters to county attorneys — and an AG reporting role — will allow prosecutors and the Attorney General to monitor and intervene where cases are not pursued.
Allen Doane of the Department of Justice said the bill would pose minimal impact to DOJ, noting the AG’s office already compiles other county-attorney reports and can serve as a repository and distributor of data. Lindsay Carter, division administrator for DPHHS' senior long-term care division, said the bill would improve transparency regarding how exploitation cases are handled and would enable oversight where prosecution may be warranted.
AARP Montana representative Kristen Page Nye supported the bill, emphasizing improved reporting pathways and coordination. Committee members asked about the fiscal note; Mercer said the most recent fiscal note available to him was $0, and staff offered to provide copies. The sponsor acknowledged an amendment in the House that allows the Attorney General to request investigative findings and declined prosecutions; he said the AG’s supervisory authority could be helpful.
The committee closed the hearing with proponents urging a pass; no opponents testified in the Senate hearing record.
