WeVote
Log In

Bill

Bill

HB 2323

Establishes the "Missouri Domestic Abuse Offender Registration and Accountability Act"

2026 Regular Session Introduced by Bill Irwin and 2 co-sponsors

The bill authorizes the Kansas Insurance Commissioner to sue for fraudulent insurance acts, with civil penalties up to $10,000 per act and restitution to insurers or plans.

Reported Do Pass (H) - AYES: 13 NOES: 1 PRESENT: 3
#domesticrelations #lawenforcementofficersandagencies #publicsafety #departmentof
0
WeVote Research Nonpartisan
Bill Summary · HB 2323

Summary — HB 2323 (2025)

Purpose

HB 2323 authorizes the Kansas Insurance Commissioner to bring civil enforcement actions for fraudulent insurance acts and establishes related procedures, remedies, and licensing-disclosure requirements. The bill also expressly includes automobile assigned claims plans in statutes addressing fraudulent insurance acts.

Key provisions

  • Civil enforcement authority

    • The Insurance Commissioner may sue in district court (Shawnee County or any county where the alleged act occurred) when the Commissioner believes a person committed a fraudulent insurance act.
    • Burden of proof: Commissioner must prove fraud by a preponderance of the evidence (civil standard).
    • If the court finds fraud, permitted remedies include:
    • Civil penalties up to $10,000 per fraudulent act. (As amended by committee, penalties are deposited into the State General Fund.)
    • Restitution to the insurer or automobile assigned claims plan for actual pecuniary harm.
    • Payment of reasonable expenses and investigation fees incurred by the Kansas Insurance Department (paid into the Insurance Department Service Regulation Fund).
    • Other equitable relief the court considers appropriate.
    • An aggrieved insurer or automobile assigned claims plan may not be joined as a party in these Commissioner-initiated actions.
    • Testimony may be presented via two-way audio-video communication.

  • Compelled testimony and use immunity

    • Individuals are not excused from testifying or producing records on Fifth Amendment grounds in these civil proceedings.
    • Courts may compel testimony/records; such compelled testimony/records may not be used against the person in a subsequent criminal case except for perjury, contempt, or failure to comply with the court order.

  • Licensing and expunged records

    • Applicants for insurance producer or public adjuster licenses must disclose any arrest, conviction, or diversion related to an insurance fraud offense — even if the record was expunged.
    • Custodians of expunged records may disclose such records to the Commissioner (or designee) when the disclosure request accompanies a licensure application.

  • Statutory expansion

    • The definition/coverage of “fraudulent insurance act” is amended to specifically include automobile assigned claims plans.

Who is affected

  • Individuals alleged to have committed insurance fraud (subject to civil enforcement, penalties, restitution, and compelled testimony).
  • Insurers and automobile assigned claims plans (entitled to restitution but not to be joined as parties in Commissioner suits).
  • Applicants for producer or public adjuster licenses (must disclose certain expunged records).
  • Kansas Insurance Department (investigations and enforcement duties).
  • District courts and judicial personnel (potentially increased caseload).

Fiscal and administrative impact

  • Kansas Insurance Department: Fiscal note estimates an $85,000 annual requirement from the Department’s fee funds to add 1.0 Special Agent position beginning FY2026 to assist with investigations and civil enforcement.
  • Judicial Branch: May experience increased district court filings and associated workload; increased docket fees could flow to the State General Fund.
  • Civil penalties (up to $10,000 per act) are directed to the State General Fund (per committee amendment); investigation fees restitution to the Insurance Department Service Regulation Fund.

Procedural status & timeline (selected)

  • Introduced: February 3, 2025.
  • House committee amended and reported recommending passage.
  • House engrossed: February 24, 2025.
  • Passed House / Transmitted to Senate: early March 2025 (passed 03/04/2025; Senate readings followed).
  • Companion: SB 2324.

Notes

  • Standard civil-procedure protections and limits apply; compelled testimony is protected from criminal use except as noted.
  • The bill was requested by the Kansas Insurance Department and supported by fraud-prevention stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.