S*1041(Rat #0173, Act #0162 of 2018)  General Bill, By Davis, Campsen and Young
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 37-6-119 SO AS TO PROHIBIT A PERSON FROM SOLICITING OR UNLAWFULLY OBTAINING
 THE MONEY, PROPERTY, OR PERSONAL IDENTIFYING INFORMATION OF A VULNERABLE
 ADULT, TO PROVIDE A CIVIL REMEDY FOR THE VULNERABLE ADULT, AND TO PROVIDE A
 CRIMINAL PENALTY. - ratified title

   02/22/18  Senate Introduced and read first time (Senate Journal-page 5)
   02/22/18  Senate Referred to Committee on Banking and Insurance
                     (Senate Journal-page 5)
   03/14/18  Senate Committee report: Favorable Banking and Insurance
                     (Senate Journal-page 11)
   03/15/18         Scrivener's error corrected
   03/22/18  Senate Read second time (Senate Journal-page 27)
   03/22/18  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 27)
   03/28/18  Senate Read third time and sent to House
                     (Senate Journal-page 8)
   04/03/18  House  Introduced and read first time (House Journal-page 81)
   04/03/18  House  Referred to Committee on Judiciary
                     (House Journal-page 81)
   04/18/18  House  Committee report: Favorable Judiciary
                     (House Journal-page 95)
   04/25/18  House  Debate interrupted (House Journal-page 65)
   04/25/18  House  Read second time (House Journal-page 65)
   04/25/18  House  Roll call Yeas-74  Nays-0 (House Journal-page 66)
   04/26/18  House  Read third time and enrolled (House Journal-page 7)
   05/01/18         Ratified R 173
   05/03/18         Signed By Governor
   05/09/18         Effective date 05/03/18
   05/14/18         Act No. 162

(A162, R173, S1041)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROHIBIT A PERSON FROM SOLICITING OR UNLAWFULLY OBTAINING THE MONEY, PROPERTY, OR PERSONAL IDENTIFYING INFORMATION OF A VULNERABLE ADULT, TO PROVIDE A CIVIL REMEDY FOR THE VULNERABLE ADULT, AND TO PROVIDE A CRIMINAL PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

Trade practices targeting vulnerable adults prohibited

SECTION    1.    Part 1, Chapter 6, Title 37 of the 1976 Code is amended by adding:

"Section 37-6-119.    (A)    For the purpose of this section:

(1)    'Personal identifying information' has the same meaning as provided in Section 16-13-510(D).

(2)    'Vulnerable adult' has the same meaning as provided in Section 43-35-10(11).

(B)    A person shall not knowingly or wilfully solicit or obtain by deception, intimidation, undue influence, or false, misleading, or deceptive acts or practices:

(1)    the money or property of a vulnerable adult; or

(2)    the personal identifying information of a vulnerable adult for the purposes of committing financial identity fraud or identity fraud as defined in Section 16-13-510.

(C)    A vulnerable adult, a person legally authorized, or the estate of an injured vulnerable adult may file a civil action to enforce the provisions of this section and may recover three times the amount of actual damages or three thousand dollars for each violation, whichever is greater, as well as reasonable attorney's fees and court costs. In addition, a person seeking damages pursuant to this section may pursue a civil action to enjoin and restrain future acts constituting a violation of this statute.

(D)    For violations of this section, the administrator may issue an administrative order to cease and desist, to return property or money received in violation of this section, and to impose penalties of up to ten thousand dollars per violation. The administrator may bring a civil action seeking equitable relief. Penalties received shall be retained by the administrator for administration of this title.

(E)    Upon conviction, a person violating this section is guilty of:

(1)    a misdemeanor, if the total value of the money or property obtained or sought to be obtained is two thousand dollars or less. The person must be fined not less than one thousand dollars, or imprisoned for not more than thirty days, or both;

(2)    a felony, if the total value of money or property obtained or sought to be obtained is more than two thousand dollars but less than ten thousand dollars. The person must be fined in the discretion of the court or imprisoned for not more than five years, or both; or

(3)    a felony, if the total value of the money or property obtained or sought to be obtained is ten thousand dollars or more. The person must be fined in the discretion of the court or imprisoned for not more than ten years, or both.

(F)    Violations of this section may be considered grounds for revocation, suspension, or nonrenewal of a professional license or registration issued by an agency of this State.

(G)    A violation of this section is considered a violation of Section 39-5-20.

(H)    The remedial provisions of this chapter are cumulative of and in addition to any action at law or equity taken by the administrator."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 1st day of May, 2018.

Approved the 3rd day of May, 2018.