South Carolina S 851: Caroline Roueche, 50 years in education
Status: Introduced and adopted (as of 2021-06-21)
State: South Carolina · Session: 2021-2022 · Bill: S 851
Sponsors: Fanning
Bill Text
2025-2026 Bill 851 Text of Previous Version (Apr. 23, 2026) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 851 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) Committee Report April 22, 2026 S. 851 Introduced by Senators Alexander, Young and Garrett S. Printed 4/22/26--H. [SEC 4/23/2026 12:33 PM] Read the first time March 31, 2026 ________ The committee on House Labor, Commerce and Industry To whom was referred a Bill (S. 851) to amend the South Carolina Code of Laws by adding Section 34-3-900 so as to define terms pertaining to the financial exploitation of an eligible adult and to outline, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass: WILLIAM HERBKERSMAN for Committee. _______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 34-3-900 SO AS TO DEFINE TERMS PERTAINING TO THE FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT AND TO OUTLINE A PROCEDURE FOR ESTABLISHING EMERGENCY CONTACTS FOR AN ELIGIBLE ADULT TO PROTECT THE ELIGIBLE ADULT FROM FINANCIAL EXPLOITATION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 3, Title 34 of the S.C. Code is amended by adding: Article 13 Protecting Eligible Adults from Financial Exploitation Section 34-3-900. (A) As used in this section: (1) "Financial institution" means any bank, credit union, wealth management institution, or other financial services company. This section excludes a "broker-dealer" as defined in Section 35-1-102(4) and an "investment adviser" as defined in Section 35-1-102(15). (2) "Eligible adult" means: (a) a person fifty-five years of age or older; or (b) a vulnerable adult subject to Section 43-35-10(11). (3) "Financial exploitation" means: (a) the wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or property of an eligible adult; or (b) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (i) obtain the control, use, or benefit, through deception, intimidation, or undue influence, or by the use of any scheme, device, or artifice to defraud, of the eligible adult's money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his money, assets, or property; or (ii) convert the money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his money, assets, or property. (B) If a financial institution reasonably believes that the financial exploitation of an eligible adult has occurred or may occur, then the financial institution may, but is not required to, decline or place on hold any transaction involving: (1) the account of the eligible adult; (2) an account in which the eligible adult is a beneficiary, including a trust or guardianship account; or (3) the account of a person who is suspected of engaging in the financial exploitation of the eligible adult. (C) A financial institution may also decline or place on hold any transaction pursuant to this section if an investigative entity or law enforcement agency provides information to the financial institution demonstrating that it is reasonable to believe that the financial exploitation of an eligible adult has occurred or may occur. (D) A financial institution is not required to decline or place on hold a transaction pursuant to this section. Such a decision is in the financial institution's discretion based on the information available to the financial institution. (E)(1) Any financial institution that declines or places on hold a transaction pursuant to this section shall: (a) make a reasonable effort to provide notice, orally or in writing, to all parties authorized to transact business on the account from which the transfer or disbursement was declined or placed on hold; and (b) report an incident involving a vulnerable adult to the appropriate investigative entity in accordance with Section 43-35-25. (2) Notwithstanding the provisions of this subsection, a financial institution has no duty to notify any party that is suspected of financial exploitation pursuant to this section. (F) Any hold of a disbursement or transaction, that has not been declined due to suspected fraud, as authorized by this section will expire upon: (1) the sooner of: (a) a determination by the financial institution that allowing the transaction will not result in the financial exploitation of an eligible adult; or (b) thirty business days after the date on which the financial institution first declined or placed on hold the transaction unless an appropriate investigative
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