south carolina identity theft protection act

South Carolina Identity Theft South Carolina Identity Theft Protection ActProtection Act

SECTION 30-2-330.SECTION 30-2-330. Removal of social security numbers and other identifying information from official Removal of social security numbers and other identifying information from official records filed by register of deeds or clerk of court or county. records filed by register of deeds or clerk of court or county.

(A) A person preparing or filing a document to be recorded or (A) A person preparing or filing a document to be recorded or filed in the official records by the register of deeds or the filed in the official records by the register of deeds or the clerk of court of a county may not include an individual's clerk of court of a county may not include an individual's social security, driver's license, state identification, passport, social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords in number, or personal identification (PIN) code, or passwords in that document, unless otherwise expressly required by law or that document, unless otherwise expressly required by law or court order or rule adopted by the state registrar on records court order or rule adopted by the state registrar on records of vital events. A loan closing instruction that requires the of vital events. A loan closing instruction that requires the inclusion of an individual's social security number on a inclusion of an individual's social security number on a document to be recorded is void. A person who violates this document to be recorded is void. A person who violates this subsection is guilty of a misdemeanor, punishable by a fine subsection is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars for each violation. not to exceed five hundred dollars for each violation.

§ 30-2-310 prohibits a public body (as defined in §30-1-10(B) and § 30-2-310 prohibits a public body (as defined in §30-1-10(B) and includes all state, county, and municipal courts or registers of includes all state, county, and municipal courts or registers of deeds) from collecting or making available to the public an deeds) from collecting or making available to the public an individual’s social security number containing six digits or more individual’s social security number containing six digits or more unlessunless authorized by law to do so or authorized by law to do so or unlessunless the collection of the collection of the social security number is otherwise imperative for the the social security number is otherwise imperative for the performance of that body’s duties and responsibilities as performance of that body’s duties and responsibilities as prescribed by law. §30-2-320 of the Act lists specific prescribed by law. §30-2-320 of the Act lists specific exemptions to the collection and use of social security numbers exemptions to the collection and use of social security numbers and personal identifying information and personal identifying information [1][1] by a public body. by a public body. Several of those exemptions of significance to the Probate Several of those exemptions of significance to the Probate Court are provided below. Court are provided below.

[1][1] personal identifying information includes an individual’s personal identifying information includes an individual’s social security, driver’s license, state identification, passport, social security, driver’s license, state identification, passport, checking account, savings account, credit card, or debit card checking account, savings account, credit card, or debit card number, or personal identification code (PIN) or passwords in number, or personal identification code (PIN) or passwords in that document, unless otherwise expressly required by law or that document, unless otherwise expressly required by law or court order or rule adopted by the state registrar on records of court order or rule adopted by the state registrar on records of vital events. vital events.

FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT ACT Effective January 1, 2009Effective January 1, 2009


Exemptions :Exemptions :

A recorded document in the official records of the A recorded document in the official records of the CountyCounty

A document filed pursuant to a court Order, A document filed pursuant to a court Order, warrant, or subpoenawarrant, or subpoena

A document transferred to another governmental A document transferred to another governmental entity for the purpose of collecting a debt, entity for the purpose of collecting a debt, including a debt collected pursuant to the Setoff including a debt collected pursuant to the Setoff Debt Collection ActDebt Collection Act

§30-2-330(A) of the Act specifically places the burden of §30-2-330(A) of the Act specifically places the burden of compliance on the individual filing the document with the court compliance on the individual filing the document with the court or register and not on court officialsor register and not on court officials. A person who files a . A person who files a document with the court or register containing personal document with the court or register containing personal identifying information in violation of the provisions is identifying information in violation of the provisions is subject to a misdemeanor, punishable by a fine not to subject to a misdemeanor, punishable by a fine not to exceed $500.00 for each violation. Therefore, the exceed $500.00 for each violation. Therefore, the exemptions contained in 30-2-320, the hold harmless exemptions contained in 30-2-320, the hold harmless clause contained in clause contained in

An individual may request that a register or clerk remove a social An individual may request that a register or clerk remove a social security number or personal identifier contained in an image or security number or personal identifier contained in an image or copy of an official record placed on a publicly available internet copy of an official record placed on a publicly available internet website used by a register or clerk. The request must be in website used by a register or clerk. The request must be in writing and must specifically site the location and identifier writing and must specifically site the location and identifier which must be removed or redacted. A clerk of court or which must be removed or redacted. A clerk of court or register of deeds has no duty to inquire beyond the written register of deeds has no duty to inquire beyond the written request to verify the identity of an individual requesting request to verify the identity of an individual requesting redaction. A fee must not be charged for the redaction redaction. A fee must not be charged for the redaction pursuant to the request. pursuant to the request.


Administrative OrderAdministrative OrderThe Probate Court shall in all respects attempt to respect the privacy of all those persons and entities The Probate Court shall in all respects attempt to respect the privacy of all those persons and entities doing business in our office as set forth in the doing business in our office as set forth in the SC FINANCIAL IDENTITY FRAUD AND IDENTITY SC FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT THEFT PROTECTION ACT (§§30-2-310 et seq.). (§§30-2-310 et seq.). However, in some instances, the Court will need to However, in some instances, the Court will need to collect certain personal identification information (collect certain personal identification information (PINFOPINFO) in order to comply with its statutory duties ) in order to comply with its statutory duties under stateunder state and federal law.and federal law.

MARRIAGE LICENSESMARRIAGE LICENSESSocial security numbers or alien identification numbers are required by SC Law (§20-1-220) on Social security numbers or alien identification numbers are required by SC Law (§20-1-220) on marriage license applications which are kept separately from public records. For those not having marriage license applications which are kept separately from public records. For those not having social security numbers, other government issued forms of identification are collected to verify the social security numbers, other government issued forms of identification are collected to verify the identification and the age of applicants.identification and the age of applicants.

ESTATESESTATESWe may need to collect PINFO in order to confirm the nature and value of estate assets; however, the We may need to collect PINFO in order to confirm the nature and value of estate assets; however, the PINFO will be kept separately from the public file, destroyed, or returned to the Personal PINFO will be kept separately from the public file, destroyed, or returned to the Personal Representative. Representative.

PPROTECTIVE PROCEEDINGSROTECTIVE PROCEEDINGSWe will collect the PINFO of protected persons, guardians, and conservators in order to secure and We will collect the PINFO of protected persons, guardians, and conservators in order to secure and oversee the assets of protected persons under this court’s jurisdiction. If collected, the PINFO will be oversee the assets of protected persons under this court’s jurisdiction. If collected, the PINFO will be kept separate from public access. kept separate from public access.

INVOLUNTARY COMMITMENT PROCEEDINGSINVOLUNTARY COMMITMENT PROCEEDINGS We will collect the Social Security number of any person involuntarily committed to identify the We will collect the Social Security number of any person involuntarily committed to identify the individual or to make required reports to governmental agencies. Attorneys appointed to represent individual or to make required reports to governmental agencies. Attorneys appointed to represent patients must provide PINFO for tax purposes. All records in this division are confidential and not patients must provide PINFO for tax purposes. All records in this division are confidential and not available for public viewing pursuant to Title 44 of the SC Code.available for public viewing pursuant to Title 44 of the SC Code.

PAYMENT OF COURT FEES/COSTS/FINESPAYMENT OF COURT FEES/COSTS/FINESWhen payment is made by check or credit card, the account numbers will be processed in order to When payment is made by check or credit card, the account numbers will be processed in order to insure proper payment. No copies of transmittals will be kept in the public record.insure proper payment. No copies of transmittals will be kept in the public record.

IT IS SO ORDERED!IT IS SO ORDERED!_________/S/_______________________/S/______________DEBORA A. FAULKNERDEBORA A. FAULKNERPROBATE JUDGEPROBATE JUDGE

January 1, 2009January 1, 2009

651,482

215,285

50,269

1,450,487

521,625

141,286

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

2000 2030

60 + Est

75 + Est

85 + Est

Growth: 60+ = 123% 75+ = 142% 85+ = 181%

Greenville’s GrowthGreenville’s Growth

44,573 44,573 -2000 Census-2000 Census 48,79648,796 -2005 Census-2005 Census 4,223 4,223 -Total Population Change-Total Population Change 12,329 12,329 -Deaths-Deaths 14,99014,990 -Natural Increase-Natural Increase 1,562 1,562 -Net Migration-Net Migration

The population of individuals 60 and above increased from 59,857 in 2000 to 71,038 in 2006. This is a numerical change of 11,181 and a percentage change of 18.7

POPULATION CHANGE IN GREENVILLE FOR PERSONS 65 YEARS AND OLDER

Projections of Alzheimer's Disease Projections of Alzheimer's Disease in South Carolina: 2005 – 2030in South Carolina: 2005 – 2030

MEDIATION FRIENDLY MEDIATION FRIENDLY STATUTESTATUTE

SC Code of Laws Section 62-3-SC Code of Laws Section 62-3-912912

SC Code of Laws Section 62-3-SC Code of Laws Section 62-3-11011101

SC Code of Laws, SC Code of Laws, §62-3-912Private agreements among successors to decedent binding on personal

representative

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to this obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section.

Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.

SC Code of Laws, SC Code of Laws, §62-3-1101

Effect of approval of agreements involving trusts, inalienable Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. interests, or interests of third persons.

A compromise of a controversy as to admission to probate A compromise of a controversy as to admission to probate of an instrument offered for formal probate as the will of a of an instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of a probated decedent, the construction, validity, or effect of a probated will, the rights or interests in the estate of the decedent, of will, the rights or interests in the estate of the decedent, of a successor, or the administration of the estate, if approved a successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is in a formal proceeding in the court for that purpose, is binding on all the parties including those unborn, binding on all the parties including those unborn, unascertained, or who could not be located. An approved unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not rights of creditors or of taxing authorities who are not parties to it. A compromise approved pursuant to this parties to it. A compromise approved pursuant to this section is not a settlement of a claim subject to the section is not a settlement of a claim subject to the provisions of Section 62-5-433. provisions of Section 62-5-433.

Debora A. Faulkner,Debora A. Faulkner,

Probate Judge of Greenville CountyProbate Judge of Greenville County

ParticipationParticipation 35 out of 46 counties enrolled in the 35 out of 46 counties enrolled in the

programprogram

14 counties reported data14 counties reported data

21 counties have no reports21 counties have no reports Unclear whether they conducted a mediation and mediation is Unclear whether they conducted a mediation and mediation is

not yet concluded, whether there were indeed no mediations not yet concluded, whether there were indeed no mediations or whether the forms were not submittedor whether the forms were not submitted

Total cases reported - 80Total cases reported - 80

County Number of cases

Greenville 51

Orangeburg 6

Charleston 4

Richland 4

Cherokee 2

Dorchester 2

Horry 2

Pickens 2

Spartanburg 2

Abbeville 1

Beaufort 1

Colleton 1

Jasper 1

Lexington 1

The DataThe Data

Weighted responses have been taken Weighted responses have been taken from the Court Report and Evaluation from the Court Report and Evaluation formform Responses from participants were so small as to be Responses from participants were so small as to be

statistically insignificantstatistically insignificant

Responses are weighted as follows Responses are weighted as follows (rounded to nearest 1/10,000)(rounded to nearest 1/10,000) Strongly agree:Strongly agree: 11 Strongly disagree:Strongly disagree: 5 5

The Overall DataThe Overall Data

ResultsResults Process was helpfulProcess was helpful 2.72502.7250 Efficient use of Court timeEfficient use of Court time 2.85002.8500 CostCost 2.87502.8750 OutcomeOutcome 2.78252.7825

Individual County DataIndividual County Data

GreenvilleGreenvilleProcess was helpfulProcess was helpful 2.7252.725

5 5 (equal)(equal)

Efficient use of Court Efficient use of Court timetime

2.9022.90200(lower)(lower)

CostCost 2.8432.8431 1 (higher(higher))

OutcomeOutcome 2.8042.80400(lower)(lower)


OrangeburgOrangeburgProcess was helpfulProcess was helpful 3.03.0

(lower)(lower)


3.03.0(lower)(lower)

CostCost 3.03.0(lower)(lower)



CharlestonCharlestonProcess was helpfulProcess was helpful 3.03.0

(lower)(lower)






RichlandRichlandProcess was helpfulProcess was helpful 2.52.5

(higher(higher))


2.52.5(higher(higher))




AbbevilleAbbeville ColletonColleton JasperJasper

Process was helpfulProcess was helpful 3.03.0(lower)(lower)





ResolutionsResolutions

24 were fully resolved24 were fully resolved

6 were partially resolved6 were partially resolved

8 were not resolved8 were not resolved

37.5% resolved partially or in full; 37.5% resolved partially or in full; 10% not resolved10% not resolved

ConclusionsConclusions Statistically, may not have an Statistically, may not have an

adequate samplingadequate sampling

Recorded entries may not reflect Recorded entries may not reflect actual sentimentactual sentiment Lots of straight 3’s (dead center)Lots of straight 3’s (dead center)

Data is court sourced rather than Data is court sourced rather than participant sourcedparticipant sourced

ConclusionsConclusions

Nothing in the data is worse than a 3Nothing in the data is worse than a 3 Mediation is receiving no worse than a median Mediation is receiving no worse than a median

receptionreception

Mediation should be a permanent Mediation should be a permanent tool in the Probate Court toolboxtool in the Probate Court toolbox Data does not contain anything overtly Data does not contain anything overtly

negativenegative To the contrary, sentiment average of all 4 To the contrary, sentiment average of all 4

questions is between 2.7 and 2.9questions is between 2.7 and 2.9

south carolina identity theft protection act

Documents

court order

clerk of court

recorded document

subpoenaa document

countya document

probate court

court officials

state identification