The bill introduces new procedures for civil actions concerning fraudulent insurance acts, empowering the commissioner of insurance to initiate such actions in district court. It establishes that the burden of proof rests with the commissioner, who may impose civil penalties of up to $10,000 for each fraudulent act, seek restitution for actual damages suffered by insurers, and request reimbursement for investigation costs. The bill also allows for witness testimony via electronic communication and requires that expunged criminal records be disclosed in applications for licensure as an insurance producer or public adjuster if the offense pertains to a fraudulent insurance act.

Additionally, the bill revises existing laws on the expungement of criminal records, detailing the conditions under which individuals can petition for expungement and mandating the disclosure of certain offenses in licensing applications. It introduces provisions that permit individuals with expunged records to claim they have never been arrested or convicted of the expunged crime when seeking employment or licenses. The legislation also restores the right to bear arms for those with expunged firearm-related convictions and outlines specific circumstances under which expunged records may be disclosed to entities like law enforcement and the Kansas insurance commissioner. Overall, the bill aims to enhance the enforcement of regulations against fraudulent insurance activities while updating the legal framework surrounding expungement.

Statutes affected:
As introduced: 40-2, 21-6614
As Amended by House Committee: 40-2, 21-6614