Current Status Introducing Body:
HouseBill Number: 3721Ratification Number: 192Act Number: 126Primary Sponsor: BurrissType of Legislation: GBSubject: Financial Transaction Card Crime ActDate Bill Passed both Bodies: May 27, 1991Computer Document Number: 436/11402.DWGovernor's Action: SDate of Governor's Action: Jun 04, 1991Introduced Date: Mar 26, 1991Date of Last Amendment: May 08, 1991Last History Body: ------Last History Date: Jun 04, 1991Last History Type: Act No. 126Scope of Legislation: StatewideAll Sponsors: Burriss McAbeeType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3721 ------ Jun 04, 1991 Act No. 126 3721 ------ Jun 04, 1991 Signed by Governor 3721 ------ May 30, 1991 Ratified R 192 3721 Senate May 27, 1991 Read third time, enrolled for ratification 3721 Senate May 23, 1991 Read second time 3721 Senate May 22, 1991 Committee Report: Favorable 11 3721 Senate May 09, 1991 Introduced, read first time, 11 referred to Committee 3721 House May 09, 1991 Read third time, sent to Senate 3721 House May 08, 1991 Amended, read second time 3721 House Apr 25, 1991 Committee Report: Favorable 26 with amendment 3721 House Mar 26, 1991 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(A126, R192, H3721)
AN ACT TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, FOR A SALE WHICH WAS NOT MADE BY THAT PERSON, AND TO ALSO MAKE IT ILLEGAL FOR A PERSON, WITHOUT THE ACQUIRER'S EXPRESS AUTHORIZATION, TO EMPLOY OR SOLICIT AUTHORIZED MERCHANTS, OR ANY AGENT OR EMPLOYEE OF THE MERCHANT, TO REMIT TO AN ISSUER OR ACQUIRER, FOR PAYMENT, A FINANCIAL TRANSACTION CARD RECORD OF SALE FOR A SALE WHICH WAS NOT MADE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-14-10 of the 1976 Code is amended by adding:
"(10) `Acquirer' means a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value."
Furnishing money, goods, etc., when sale not made
SECTION 2. Section 16-14-60 of the 1976 Code is amended by adding:
"(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is subject to the penalties set forth in Section 16-14-100(b).
(2) A person without the acquirer's express authorization, employs or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1991.