H*3839(Rat #0213, Act #0132 of 1995)  General Bill, By 
 House Labor, Commerce and Industry
 A Bill to amend Section 34-3-540, Code of Laws of South Carolina, 1976,
 relating to copies and reproductions of banking records and their
 admissibility into evidence, so as to further provide for the manner in which
 these records may be copied and reproduced, to revise the entities to which
 this Section applies, and to further provide for the manner in which copies
 and reproductions of these records may be admitted into evidence.

   03/22/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-12
   03/28/95  House  Read second time HJ-21
   03/29/95  House  Read third time and sent to Senate HJ-20
   03/30/95  Senate Introduced and read first time SJ-17
   03/30/95  Senate Referred to Committee on Judiciary SJ-17
   05/24/95  Senate Committee report: Favorable Judiciary SJ-26
   05/25/95  Senate Read second time SJ-48
   05/25/95  Senate Unanimous consent for third reading on next
                     legislative day SJ-48
   05/26/95  Senate Read third time and enrolled SJ-2
   05/29/95  Senate Recalled from Legislative Council SJ-6
   05/29/95  Senate Reconsidered SJ-6
   05/30/95  Senate Amended SJ-68
   05/30/95  Senate Read third time and returned to House with
                     amendments SJ-68
   06/01/95  House  Non-concurrence in Senate amendment HJ-37
   06/01/95  Senate  Recedes from amendment SJ-399
   06/01/95  Senate Ordered enrolled for ratification SJ-399
   06/13/95         Ratified R 213
   06/28/95         Signed By Governor
   06/28/95         Effective date 06/28/95
   08/09/95         Copies available
   08/09/95         Act No. 132

AN ACT TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

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

Copying of bank records; admissibility into evidence

SECTION 1. Section 34-3-540 of the 1976 Code is amended to read:

"Section 34-3-540. Any corporation, institution, or association whose deposits are insured by the federal government or any agency or nonprofit corporation that has been designated by the State to originate or hold educational loans made to or on behalf of students may cause promissory notes, checks, drafts, and records kept by the corporation, institution, association, or agency to be copied or reproduced by:

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

(2) electronic 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 is 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:

(1) the original document otherwise qualified 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

(2) 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."

Time effective

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

Approved the 28th day of June, 1995.