As Reported by the Senate Insurance, Commerce and Labor Committee

125th General Assembly
Regular Session
2003-2004
Sub. 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, to prohibit consumer reporting 4
agencies from disclosing certain information 5
obtained from insurer inquiries, and to indemnify 6
insurance agents who obtain or use credit 7
information or insurance scores for an insurer.8


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

       Section 1. That sections 1349.04 and 1349.51 of the Revised 9
Code be enacted to read as follows:10

       Sec. 1349.04.  (A) As used in this section, "consumer," 11
"consumer report," and "consumer reporting agency that compiles 12
and maintains files on consumers on a nationwide basis" have the 13
same meanings as in the "Fair Credit Reporting Act," 84 Stat. 1128 14
(1970), 15 U.S.C.A. 1681a, as amended.15

       (B) Each consumer reporting agency that compiles and 16
maintains files on consumers on a nationwide basis shall furnish, 17
upon request and without charge, to any consumer who has provided 18
an appropriate verification of the consumer's identity, one 19
complete consumer report per calendar year.20

       Sec. 1349.51.  (A) As used in this section, "consumer report" 21
and "consumer reporting agency" have the same meanings as in the 22
"Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. 23
1681a, as amended.24

       (B) No consumer reporting agency shall sell or otherwise 25
furnish a consumer report containing any information relative to 26
an individual's insurance coverage that was submitted, in whole or 27
in part, in conjunction with an insurance company's inquiry into 28
an individual's credit history or request for a consumer report. 29
This information includes, but is not limited to, the expiration 30
date of an insurance policy, information that may be used to find 31
a policy's expiration date or approximate expiration date, and the 32
terms and conditions of an insurance policy.33

       (C) Division (B) of this section does not prohibit a consumer 34
reporting agency from furnishing information relative to an 35
individual's insurance coverage to the agent or producer that 36
supplied the information.37

       (D) Division (B) of this section does not prohibit a consumer 38
reporting agency from furnishing information relative to an 39
individual's insurance coverage to an insurance company, the 40
insurer's affiliates, or members of a holding company in which the 41
insurer is a member, if the information was supplied by an agent 42
or producer acting on behalf of the insurer.43

       (E) Nothing in this section shall be construed to prohibit an 44
insurance company from obtaining a claims history or motor vehicle 45
report.46

       (F) An insurance company shall indemnify, defend, and hold 47
harmless a licensed insurance agent from and against all 48
liability, fees, and costs arising out of or relating to the 49
actions, errors, or omissions of an insurance agent who obtains or 50
uses credit information or insurance scores for the insurer, 51
provided that the insurance agent follows the procedures and 52
instructions established by the insurance company and complies 53
with all applicable laws and regulations. Nothing in this section 54
shall be construed to provide a consumer or insured with a cause 55
of action that does not exist in the absence of this section.56