South Carolina General Assembly
115th Session, 2003-2004

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Bill 1071

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 1, 2004

S. 1071

Introduced by Senators Ritchie and Richardson

S. Printed 4/1/04--S.

Read the first time March 17, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1071) to amend Section 16-13-510, Code of Laws of South Carolina, 1976, relating to financial identity fraud, so as to provide that it is unlawful to, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

LARRY A. MARTIN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Judicial Department

The Judicial Department indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.

LOCAL GOVERNMENT IMPACT:

A survey of local governments indicates enactment of this bill would have no impact, or minimal impact, on expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

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

SECTION    1.    Section 16-13-510 of the 1976 Code is amended to read:

"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)    It is unlawful to use the identifying information in subsection (C) of another person for the purpose of obtaining employment.

(D)(E)    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    2.    This act takes effect upon approval by the Governor.

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