Bill Text: MS HB1268 | 2015 | Regular Session | Introduced


Bill Title: Investigative Consumer Report; require to be given to person investigated.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB1268 Detail]

Download: Mississippi-2015-HB1268-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 1268

AN ACT TO REQUIRE ANY PERSON WHO OBTAINS AN INVESTIGATIVE CONSUMER REPORT OR ANY REPORT RELATING TO A CONSUMER'S BACKGROUND TO PROVIDE A COPY OF EACH REPORT THAT THE PERSON HAS OBTAINED RELATING TO THE CONSUMER, UPON REQUEST BY THE CONSUMER; TO PROVIDE A PENALTY FOR FAILURE TO PROVIDE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  As used in this section, the following words shall have the following meanings, unless the content clearly indicates otherwise:

          (a)  The term "person" means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.  The term "person" as used in this section shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity involved in the same transaction.

          (b)  The term "consumer" means a natural individual who has made application to a person for employment purposes, for insurance for personal, family, or household purposes, or the hiring of a dwelling unit.

          (c)  The term "investigative consumer report" means a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means.  The term does not include a consumer report or other compilation of information that is limited to specific factual information relating to a consumer's credit record or manner of obtaining credit obtained directly from a creditor of the consumer or from a consumer reporting agency when that information was obtained directly from a potential or existing creditor of the consumer or from the consumer.

          (d)  The term "employment purposes," means, when used in connection with an investigative consumer report, a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.

          (e)  The term "medical information" means information on a person's medical history or condition obtained directly or indirectly from a licensed physician, medical practitioner, hospital, clinic, or other medical or medically related facility.

     (2)  Upon request of a consumer, any person who obtains an investigative consumer report or any report relating to a consumer's background or medical information shall provide a copy of each report that the person has obtained relating to the consumer.  Any person who refuses, upon request of a consumer, to provide the information described shall be liable for a fine of at least Two Hundred Fifty Dollars ($250.00) for each report not delivered to the consumer.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.

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