Current Status Bill Number:
4544Ratification Number: 485Act Number: 397Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960206Primary Sponsor: CottyAll 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. WhipperDrafted Document Number: pt\2190jm.96Companion Bill Number: 1097Date Bill Passed both Bodies: 19960403Date of Last Amendment: 19960327Governor's Action: SDate of Governor's Action: 19960604Subject: Insurance records, reproduction of
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 CommitteeView additional legislative information at the LPITS web site.
(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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.