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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 15, 2004
S. 570
S. Printed 4/15/04--S.
Read the first time April 8, 2003.
TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ELIMINATE AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY, AND TO ADD INSTEAD THE REQUIREMENT OF "KNOWINGLY AND WILFULLY"; AND TO ADD SECTION 16-13-515, SO AS TO PROHIBIT THE PRINTING OF MORE THAN THE LAST FIVE DIGITS OF A CREDIT CARD OR DEBIT CARD NUMBER ON A RECEIPT BY AN ENTITY WHICH ACCEPTS CREDIT CARDS OR DEBIT CARDS FOR THE TRANSACTION OF BUSINESS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-13-510(B) of the 1976 Code, as added by Act 305 of 2000, is amended to read:
"(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 knowingly and wilfully:
(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)."
SECTION 2. Article 2, Chapter 13 of Title 16 of the 1976 Code is amended by adding:
"Section 16-13-515. (A) Except as provided in this section, a person, firm, partnership, association, corporation, limited liability company, or any other entity which accepts credit cards or debit cards for the transaction of business must not print on a receipt provided to the cardholder at the point of sale: (1) more than the last five digits of the credit card or debit card account number; and (2) the expiration date of the credit card or debit card.
(B) This section does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.
(C) A person, firm, partnership, association, corporation, limited liability company, or any other entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation."
SECTION 3. Upon approval by the Governor, this act takes effect June 1, 2005.
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