As Introduced

125th General Assembly
Regular Session
2003-2004
S. B. No. 151


SENATORS Austria, Schuring, Jacobson



A BILL
To enact sections 1349.04 and 1349.51 of the Revised 1
Code to require consumer reporting agencies to 2
furnish consumers with one free consumer report 3
per calendar year and to prohibit consumer 4
reporting agencies from disclosing certain 5
information obtained from insurer inquiries.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1349.04 and 1349.51 of the Revised 7
Code be enacted to read as follows:8

       Sec. 1349.04.  (A) As used in this section, "consumer," 9
"consumer report," and "consumer reporting agency that compiles 10
and maintains files on consumers on a nationwide basis" have the 11
same meanings as in the "Fair Credit Reporting Act," 84 Stat. 1128 12
(1970), 15 U.S.C.A. 1681a, as amended.13

       (B) Each consumer reporting agency that compiles and 14
maintains files on consumers on a nationwide basis shall furnish, 15
upon request and without charge, to any consumer who has provided 16
an appropriate verification of the consumer's identity, one 17
complete consumer report per calendar year.18

       Sec. 1349.51.  (A) As used in this section, "consumer report" 19
and "consumer reporting agency" have the same meanings as in the 20
"Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. 21
1681a, as amended.22

       (B) No consumer reporting agency shall sell or otherwise 23
furnish a consumer report containing any information relative to 24
an individual's insurance coverage that was submitted, in whole or 25
in part, in conjunction with an insurance company's inquiry into 26
an individual's credit history or request for a consumer report. 27
This information includes, but is not limited to, the expiration 28
date of an insurance policy, information that may be used to find 29
a policy's expiration date or approximate expiration date, and the 30
terms and conditions of an insurance policy.31

       (C) Division (B) of this section does not prohibit a consumer 32
reporting agency from furnishing information relative to an 33
individual's insurance coverage to the agent or producer that 34
supplied the information.35

       (D) Division (B) of this section does not prohibit a consumer 36
reporting agency from furnishing information relative to an 37
individual's insurance coverage to an insurance company, the 38
insurer's affiliates, or members of a holding company in which the 39
insurer is a member, if the information was supplied by an agent 40
or producer acting on behalf of the insurer.41

       (E) Nothing in this section shall be construed to prohibit an 42
insurance company from obtaining a claims history or motor vehicle 43
report.44