Sec. 3901.043. The superintendent of insurance may adopt | 13 |
rules in accordance
with Chapter 119. of the Revised Code to | 14 |
establish reasonable fees for any
service or transaction performed | 15 |
by the department of insurance pursuant to
section 1751.03, | 16 |
3901.321, 3901.341, 3907.09, 3907.10, 3907.11,
3907.12, 3911.011, | 17 |
3913.40,
3915.14, 3917.06, 3918.07, 3923.02, 3935.04,
3937.03, or | 18 |
3953.28, 3957.12, or 3957.13 of the Revised
Code or any provision | 19 |
in sections 3913.01 to 3913.23 or in Chapter
3905. of the Revised | 20 |
Code, if no fee is otherwise provided under Title XVII or
XXXIX of | 21 |
the Revised Code for such service or transaction. Any fee | 22 |
collected
pursuant to those rules shall be paid into the state | 23 |
treasury to the credit of
the department of insurance operating | 24 |
fund. | 25 |
(A) "Clearing corporation" has the same meaning as in
section | 28 |
1308.01 of the Revised Code, except that
with respect to | 29 |
securities issued by institutions organized or
existing under the | 30 |
laws of any foreign country or securities used
to meet the deposit | 31 |
requirements pursuant to the laws of a
foreign country as a | 32 |
condition of doing business in that country,
"clearing | 33 |
corporation" includes a corporation that is organized
or existing | 34 |
under the laws of any foreign country and is legally
qualified | 35 |
under those laws to effect transactions in securities
by | 36 |
computerized book-entry. | 37 |
(E) "Provisions of the insurance laws of this state" means | 54 |
provisions of Title XXXIX of the Revised Code related to the | 55 |
deposit of securities for the benefit and security of | 56 |
policyholders, and includes, but is not limited to, sections | 57 |
3901.18,
3901.74, 3901.75, 3901.86, 3903.73,
3907.07, 3909.03, | 58 |
3909.09, 3909.17, 3913.01, 3913.04,
3919.13, 3919.36, 3919.37, | 59 |
3919.41, 3925.07, 3927.02, 3927.06,
3929.01, 3929.07, 3929.08, | 60 |
3929.09, 3929.10, 3929.11, 3941.30,
3941.31, 3941.32, 3941.33, | 61 |
3941.34, 3941.42, 3953.06, and 3953.11, and
3957.03 of the Revised | 62 |
Code. | 63 |
Sec. 3905.24. (A)(1) All records and other
information | 66 |
obtained by the superintendent of insurance or the | 67 |
superintendent's deputies, examiners, assistants, or other | 68 |
employees, or
agents relating to an investigation of an applicant | 69 |
for licensure under
this chapter, or of an agent, solicitor, | 70 |
broker, or other person
licensed
or appointed under this chapter | 71 |
or Chapter 3951., 3957., or 3959. of the Revised
Code,
are | 72 |
confidential and are not public records as defined in section | 73 |
149.43 of
the Revised Code
until the applicant, licensee, or | 74 |
appointee is provided notice and opportunity for hearing
pursuant | 75 |
to Chapter 119. of the Revised Code with respect to such records | 76 |
or
information. If no administrative action is initiated with | 77 |
respect to a
particular matter about which the superintendent | 78 |
obtained records or other
information as part of an investigation, | 79 |
all such records and information
relating to that matter shall | 80 |
remain confidential for three years after the
file on the matter | 81 |
is
closed. | 82 |
(B) The records and other information
described in division | 86 |
(A) of
this section shall remain confidential for all
purposes | 87 |
except when it is appropriate for the superintendent and
the | 88 |
superintendent's deputies, examiners, assistants, or other | 89 |
employees, or
agents
to take official action regarding the affairs | 90 |
of the applicant, licensee, or appointee or in connection with | 91 |
actual or potential criminal
proceedings. | 92 |
(1) Share records and other information that are the subject | 95 |
of this section with the chief deputy rehabilitator, the chief | 96 |
deputy liquidator, other deputy rehabilitators and liquidators, | 97 |
and any other person employed by, or acting on behalf of, the | 98 |
superintendent pursuant to Chapter 3901. or 3903. of the Revised | 99 |
Code, with other local, state, federal, and international | 100 |
regulatory and law enforcement agencies, with local, state, and | 101 |
federal prosecutors, and with the national association of | 102 |
insurance commissioners and its affiliates and subsidiaries, | 103 |
provided that the recipient agrees to maintain the confidential | 104 |
status of the confidential record or
other information and has | 105 |
authority to do so; | 106 |
(D) Notwithstanding divisions (A), (B), and (C) of this | 112 |
section, the superintendent may authorize the national association | 113 |
of insurance commissioners and its affiliates and subsidiaries by | 114 |
agreement to share confidential records and other
information | 115 |
received pursuant to division (C)(1) of this section
with local, | 116 |
state, federal, and international regulatory and law
enforcement | 117 |
agencies and with local, state, and federal
prosecutors, provided | 118 |
that the recipient agrees to maintain the
confidential status of | 119 |
the confidential record or other information and has authority to | 120 |
do so. | 121 |
(E) Notwithstanding divisions (A), (B), and (C) of this | 122 |
section, the chief deputy rehabilitator, the chief deputy | 123 |
liquidator, and other deputy rehabilitators and liquidators may | 124 |
disclose records and other information that are the subject of | 125 |
this section in the furtherance of any regulatory or legal action | 126 |
brought by or on behalf of the superintendent, the rehabilitator, | 127 |
the liquidator, or the state
resulting from the exercise of the | 128 |
superintendent's official
duties in any capacity. | 129 |
(2) The disclosure of records or other information in | 138 |
connection with a regulatory or legal action pursuant to
divisions | 139 |
(C)(2) and (E) of this section does not prohibit an
insurer or any | 140 |
other person from taking steps to limit the dissemination of the | 141 |
record
or other information to persons not involved in or the | 142 |
subject of
the regulatory or legal action on the basis of any | 143 |
recognized privilege arising
under any other section of the | 144 |
Revised Code or the common law. | 145 |
(1) "Home service contract" means a contract, however | 152 |
described or denominated by the issuer of the contract, whereby, | 153 |
for a predetermined fee, a person undertakes to repair or replace | 154 |
all or any part of any structural component, appliance, or system | 155 |
of a home necessitated by wear and tear, deterioration, or | 156 |
inherent defect that occurs on or after the effective date of the | 157 |
home service contract. "Home service contract" does not include | 158 |
either of the following: | 159 |
Section 2. That existing sections 3901.043, 3901.51, and | 181 |
3905.24 and sections Sec. 3957.01. , Sec. 3957.02. , Sec. 3957.03. , Sec. 3957.04. , Sec. 3957.05. , | 182 |
Sec. 3957.06. , Sec. 3957.07. , Sec. 3957.08. , Sec. 3957.09. , Sec. 3957.10. , Sec. 3957.11. , Sec. 3957.12. , | 183 |
Sec. 3957.13. , Sec. 3957.14. , Sec. 3957.15. , Sec. 3957.16. , Sec. 3957.17. , Sec. 3957.18. , Sec. 3957.19. , and | 184 |
Sec. 3957.99. of the Revised Code are hereby repealed. | 185 |
All home service contracts issued pursuant to Chapter 3957. | 193 |
of the Revised Code and outstanding on the effective date of this | 194 |
act shall be consummated. The interpretation and fulfillment of | 195 |
the terms and conditions of these outstanding contracts, and of | 196 |
any home service contract sold or issued by a home warranty | 197 |
company on or after the effective date of this act, is subject to | 198 |
Chapter 1345. of the Revised Code on and after the act's effective | 199 |
date, rather than to Ohio's Insurance Law. | 200 |
The repeal of Chapter 3957. of the Revised Code pursuant to | 207 |
this act does not: (1) invalidate any home service contract issued | 208 |
by a home warranty company prior to the effective date of this | 209 |
act; (2) discharge any liability based on the acts or conduct of a | 210 |
home warranty company or its agents or employees prior to the | 211 |
effective date of this act; (3) discharge or otherwise affect any | 212 |
other liability incurred by a home warranty company prior to the | 213 |
effective date of this act; or (4) affect a home warranty | 214 |
company's conduct of business in accordance with other provisions | 215 |
of state and federal law. | 216 |
Section 4. Section 3901.043 of the Revised Code is
presented | 221 |
in
this act as a composite of the section as amended by
both Sub. | 222 |
H.B. 370 and Am. Sub. S.B. 67 of
the 122nd General
Assembly. The | 223 |
General Assembly, applying the
principle stated in
division (B) of | 224 |
section 1.52 of the Revised
Code that amendments
are to be | 225 |
harmonized if reasonably capable of
simultaneous
operation, finds | 226 |
that the composite is the resulting
version of
the section in | 227 |
effect prior to the effective date of
the section
as presented in | 228 |
this act. | 229 |
Section 5. Section 3905.492 (3905.24) of the Revised Code is | 230 |
presented in
this act as a composite of the section as amended and | 231 |
renumbered by Sub. S.B. 129 and amended by Am. Sub. S.B. 138, both | 232 |
of
the 124th General Assembly. The General Assembly, applying the | 233 |
principle stated in division (B) of section 1.52 of the Revised | 234 |
Code that amendments are to be harmonized if reasonably capable of | 235 |
simultaneous operation, finds that the composite is the resulting | 236 |
version of the section in effect prior to the effective date of | 237 |
the section as presented in this act. | 238 |