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A301, R359, H4004
STATUS INFORMATION
General Bill
Sponsors: Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod
Document Path: l:\council\bills\nbd\11557ac03.doc
Introduced in the House on April 16, 2003
Introduced in the Senate on May 13, 2003
Last Amended on May 13, 2004
Passed by the General Assembly on May 20, 2004
Governor's Action: September 8, 2004, Signed
Summary: Omnibus Adult Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/16/2003 House Introduced and read first time HJ-2 4/16/2003 House Referred to Committee on Judiciary HJ-2 4/30/2003 House Member(s) request name added as sponsor: McLeod 5/7/2003 House Committee report: Favorable Judiciary HJ-6 5/8/2003 House Read second time HJ-78 5/8/2003 House Unanimous consent for third reading on next legislative day HJ-79 5/12/2003 House Read third time and sent to Senate HJ-5 5/13/2003 Senate Introduced and read first time SJ-8 5/13/2003 Senate Referred to Committee on Judiciary SJ-8 5/12/2004 Senate Committee report: Favorable with amendment Judiciary SJ-17 5/13/2004 Senate Amended SJ-21 5/13/2004 Senate Read second time SJ-21 5/18/2004 Senate Read third time and returned to House with amendments SJ-20 5/20/2004 House Concurred in Senate amendment and enrolled HJ-99 6/2/2004 Ratified R 359 9/8/2004 Signed By Governor 9/13/2004 Copies available 9/13/2004 Effective date 09/08/04 9/14/2004 Act No. 301
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/16/2003
5/7/2003
5/12/2004
5/13/2004
(A301, R359, H4004)
AN ACT TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OR ADVANTAGE OF ANOTHER USING UNDUE INFLUENCE, HARASSMENT, DURESS, COERCION, OR SWINDLING.
Be it enacted by the General Assembly of the State of South Carolina:
"Exploitation" defined
SECTION 1. Section 43-35-10(3) of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"(3) 'Exploitation' means:
(a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient;
(b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or
(c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2004.
Approved the 8th day of September, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:33 A.M.