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3509Ratification Number: 351Act Number: 305Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990211Primary Sponsor: SimrillAll Sponsors: Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal, SandiferDrafted Document Number: l:\council\bills\bbm\10092som99.docDate Bill Passed both Bodies: 20000517Date of Last Amendment: 20000516Governor's Action: SDate of Governor's Action: 20000530Subject: Personal Financial Security Act, Banks, Consumer Affairs, Crimes and Offenses, Fraud, Freedom of InformationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000616 Act No. A305 ------ 20000530 Signed by Governor ------ 20000525 Ratified R351 Senate 20000517 Ordered enrolled for ratification House 20000516 Free Conference Committee Report 99 HFCC adopted House 20000516 Free Conference Powers granted, 99 HFCC D. Smith appointed Reps. to Committee of Simrill Free Conference F. Smith Senate 20000504 Free Conference Committee Report 89 SFCC adopted Senate 20000504 Free Conference Powers granted, 89 SFCC Bryan appointed Senators to Committee Glover of Free Conference Gregory Senate 20000426 Conference powers granted, 88 SCC Bryan appointed Senators to Committee Glover of Conference Gregory House 20000425 Conference powers granted, 98 HCC Simrill appointed Reps. to Committee of D. Smith Conference F. Smith House 20000425 Insists upon amendment Senate 20000420 Non-concurrence in House amendment House 20000419 Senate amendments amended, returned to Senate with amendment Senate 20000411 Read third time, returned to House with amendment ------ 20000410 Scrivener's error corrected Senate 20000406 Amended, read second time Senate 20000405 Committee report: Favorable with 11 SJ amendment Senate 19990408 Introduced, read first time, 11 SJ referred to Committee House 19990407 Read third time, sent to Senate House 19990406 Amended, read second time House 19990331 Committee report: Favorable with 25 HJ amendment House 19990211 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 31, 1999 - Word format Revised on April 6, 1999 - Word format Revised on April 5, 2000 - Word format Revised on April 6, 2000 - Word format Revised on April 10, 2000 - Word format Revised on April 19, 2000 - Word format Revised on May 16, 2000 - Word format
(A305, R351, H3509)
AN ACT TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTIONS 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER; AND TO ESTABLISH A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, SET FORTH ITS MEMBERSHIP, AND THE DATE FOR THE COMMITTEE TO REPORT TO THE GENERAL ASSEMBLY AND BE DISSOLVED.
Be it enacted by the General Assembly of the State of South Carolina:
Personal Financial Security Act, offense of financial identity fraud, penalties, exceptions
SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:
Section 16-13-500. This article may be cited as the 'Personal Financial Security Act'.
Section 16-13-510. (A) It is unlawful for a person to commit the offense of financial identity fraud.
(B) A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:
(1) obtains or records identifying information which would assist in accessing the financial records of the other person; or
(2) accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C).
(C) Identifying information includes, but is not limited to:
(1) social security numbers;
(2) driver's license numbers;
(3) checking account numbers;
(4) savings account numbers;
(5) credit card numbers;
(6) debit card numbers;
(7) personal identification numbers;
(8) electronic identification numbers;
(9) digital signatures; or
(10) other numbers or information which may be used to access a person's financial resources.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322.
Section 16-13-520. In a criminal proceeding brought pursuant to this article, the crime is considered to have been committed in a county in which a part of the financial identity fraud took place, regardless of whether the defendant was ever actually in that county.
Section 16-13-530. Nothing in this article may be construed to apply to:
(1) the lawful acquisition and use of credit or other information in the course of a bona fide consumer or commercial transaction or in connection with an account by any financial institution or entity defined in or required to comply with the Federal Fair Credit Reporting Act, 15 U.S.C.A. Section 1681, or the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338;
(2) the lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; or
(3) the lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive."
Designation of article
SECTION 2. (1) Sections 16-13-10 through 16-13-490 of the 1976 Code are designated as Article 1, Chapter 13 of Title 16 of the 1976 Code.
(2) Article 1 of Chapter 13 of Title 16 of the 1976 Code is amended by adding:
Joint legislative study committee, membership, report
SECTION 3. (A) A joint legislative study committee is created to study personal information privacy issues, to examine the relationship of information technology and privacy issues, and to seek to establish an appropriate balance which promotes the use of information for legitimate business purposes, including biometric technology for use in preventing identity theft and fraud, while safeguarding the personal privacy rights of the citizens of South Carolina.
(B) The joint legislative study committee shall be composed of nineteen members to include:
(1) three members of the House of Representatives to be appointed by the Chairman of the House Judiciary Committee;
(2) three members of the Senate to be appointed by the Chairman of the Senate Judiciary Committee;
(3) two members of the media, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(4) one member of the South Carolina Merchants Association to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(5) a representative of the National Organization Mandating Equitable Databases or if that organization chooses not to participate, a representative of a similar personal privacy protection advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees;
(6) two consumer victims of identity fraud, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(7) three members of the financial services industry, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee, and one to be jointly appointed by both Chairmen;
(8) two representatives of consumer protection organizations to be jointly appointed by both Chairmen; and
(9) two members of the information technology industry, one to be appointed by the Chairman of the Senate Judiciary Committee and one to be appointed by the Chairman of the House Judiciary Committee.
(C) The study committee must submit its report to the General Assembly no later than October 15, 2000, at which time the committee is dissolved.
(D) The study committee shall be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff.
SECTION 4. This act takes effect upon approval by the Governor and applies to all offenses committed on or after that date.
Ratified the 25th day of May, 2000.
Approved the 30th day of May, 2000.
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