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COMMITTEE REPORT
May 12, 2004
H. 4004
Introduced by Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod
S. Printed 5/12/04--S.
Read the first time May 13, 2003.
To whom was referred a Bill (H. 4004) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 43-35-10(3), as contained in SECTION 1, by striking lines 27 through 40 in their entirety and inserting therein the following:
/ (a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, illegal 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; or
(b) an improper, illegal 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." /
Renumber sections to conform.
Amend title to conform.
ROBERT L. WALDREP, JR. for Committee.
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 OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.
Be it enacted by the General Assembly of the State of South Carolina:
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, illegal, 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; or
(b) an improper, illegal, 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 another through undue influence, harassment, duress, force, coercion, or swindling."
SECTION 2. This act takes effect upon approval by the Governor.
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