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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.