H*4544(Rat #0485, Act #0397 of 1996)  General Bill, By Cotty, Bailey, T. Brown, 
Cato, J.L.M. Cromer, Dantzler, Delleney, Easterday, Fleming, Gamble, Harrell, 
J.L. Harris, Harrison, H.G. Hutson, Inabinett, Kirsh, Koon, Mason, McMahand, 
Neilson, Rhoad, Richardson, T.F. Rogers, Seithel, J.S. Shissias, Stille, Stuart, 
Whipper, Wilkes and Witherspoon

Similar(S 1097)
 A Bill 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.

   02/06/96  House  Introduced and read first time HJ-172
   02/06/96  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-173
   02/21/96  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-3
   02/26/96  House  Read second time HJ-10
   02/26/96  House  Unanimous consent for third reading on next
                     legislative day HJ-12
   02/27/96  House  Read third time and sent to Senate HJ-7
   02/27/96  Senate Introduced and read first time SJ-14
   02/27/96  Senate Referred to Committee on Banking and Insurance SJ-14
   03/26/96  Senate Committee report: Favorable with amendment
                     Banking and Insurance SJ-28
   03/27/96  Senate Amended SJ-25
   03/27/96  Senate Read second time SJ-25
   03/28/96  Senate Read third time and returned to House with
                     amendments SJ-10
   04/03/96  House  Concurred in Senate amendment and enrolled HJ-60
   05/30/96         Ratified R 485
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/17/96         Copies available
   06/17/96         Act No. 397

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.