Current Status Bill Number:3496 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950202 Primary Sponsor:Cotty All Sponsors:Cotty, Tripp, G. Brown, Easterday, Seithel, Tucker, Meacham, Simrill, Scott, Shissias, Klauber, Wright, Wilder, A. Young, Stille, R. Smith, Vaughn, J. Harris, Huff, Stuart, Haskins, Baxley and Cato Drafted Document Number:gjk\21302sd.95 Companion Bill Number:3839 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Banking records
Body Date Action Description Com Leg Involved
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House 19950202 Introduced, read first time, 26 HLCI
referred to Committee
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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:
SECTION 1. Section 34-3-540 of the 1976 Code is amended to read:
"Section 34-3-540. A bank, banking institution, or other depository institution may cause any or all promissory notes and records kept by the institution to be copied or reproduced by a photostatic, photographic, or microfilming process which correctly and permanently copies, reproduces, or forms a medium for copying or reproducing the original record on a film or other durable material, and the institution may thereafter dispose of the original record. The copy or 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 in evidence. A facsimile, exemplification, or certified copy of the copy or reproduction reproduced from a film record is for all purposes considered a facsimile, exemplification, or certified copy of the original record. 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."
SECTION 2. This act takes effect upon approval by the Governor.