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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