South Carolina General Assembly
111th Session, 1995-1996

Bill 4544


                    Current Status

Bill Number:                    4544
Ratification Number:            485
Act Number:                     397
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960206
Primary Sponsor:                Cotty
All Sponsors:                   Cotty, Mason, T. Brown, Inabinett,
                                Richardson, Rogers, Seithel, Neilson,
                                Easterday, Kirsh, Shissias, Stuart,
                                Hutson, McMahand, Rhoad, J. Harris,
                                Wilkes, Stille, Cato, Bailey, Harrison,
                                Gamble, Dantzler, Witherspoon, Delleney,
                                Fleming, Harrell, Koon, Cromer and
                                S. Whipper 
Drafted Document Number:        pt\2190jm.96
Companion Bill Number:          1097
Date Bill Passed both Bodies:   19960403
Date of Last Amendment:         19960327
Governor's Action:              S
Date of Governor's Action:      19960604
Subject:                        Insurance records, reproduction
                                of

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A397
------  19960604  Signed by Governor
------  19960530  Ratified R485
House   19960403  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960328  Read third time, returned to House
                  with amendment
Senate  19960327  Amended, read second time
Senate  19960326  Committee report: Favorable with         02 SBI
                  amendment
Senate  19960227  Introduced, read first time,             02 SBI
                  referred to Committee
House   19960227  Read third time, sent to Senate
House   19960226  Unanimous consent for third
                  reading on the next Legislative day
House   19960226  Read second time
House   19960221  Committee report: Favorable              26 HLCI
House   19960206  Introduced, read first time,             26 HLCI
                  referred to Committee

View additional legislative information at the LPITS web site.


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

(A397, R485, H4544)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

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

Copying, reproduction of records, etc.

SECTION 1. The 1976 Code is amended by adding:

"Section 38-5-190. Any member of South Carolina Property and Casualty Insurance Guaranty Association or South Carolina Life and Accident and Health Guaranty Association, any eligible surplus lines insurer, any insurance premium service company, any authorized reinsurer, any title insurance company, any licensed adjuster, any licensed insurance agent, any licensed insurance broker, any insurance rating or statistical agent, South Carolina Reinsurance Facility, South Carolina Wind and Hail Underwriting Association, South Carolina Property and Casualty Insurance Guaranty Association, South Carolina Health Insurance Pool, South Carolina Commercial Auto Insurance Plan, South Carolina Medical Malpractice Joint Underwriting Association, South Carolina Workers Compensation Commission, Second Injury Fund, South Carolina Department of Insurance, or South Carolina Budget and Control Board Insurance Reserve Fund may cause records relating to policy applications, changes, refunds, terminations, claims, or premium payments kept by the insurer, premium service company, adjuster, agent, or broker to be copied or reproduced by:

(1) photostatic, photographic, or microfilming process; or

(2) electronic or graphic imaging through scanning, digitizing, or other means.

These processes or means must correctly copy, reproduce, or form a medium for copying or reproducing the original record so that an accurate facsimile of the original can be printed or otherwise reproduced on paper, film, or similar medium. The printed reproduction must be considered an original record for all purposes and must be treated as an original record in all courts or administrative agencies for the purpose of its admissibility into evidence, regardless of whether the institution retains or disposes of the original; provided, that:

(a) the original document otherwise qualifies as a business record pursuant to the South Carolina Uniform Business Records as Evidence Act or the appropriate state or federal rules of evidence; and

(b) a custodian or other qualified witness, as those terms are used in the appropriate state or federal rules of evidence, certifies that the printed reproduction is a true and correct copy of the original.

The Director of the Department of Insurance may, by order, apply the provisions of this section to any additional insurance or insurance-related organizations or entities or insurance or insurance-related records, as the director in his discretion considers necessary."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.