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HB 2049

Updating public adjuster and insurance agent statutes pertaining to suspension, revocation, denial of licensure and licensure renewal.

2025-2026 Regular Session

HB 2049 aligns public adjuster licensing with agent rules, giving the Insurance Commissioner power to review related licenses and suspend or revoke a public adjuster license.

Sen. William Clifford is appointed to replace Sen. Rick Billinger on the Conference Committee
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Bill Summary · HB 2049

Summary — HB 2049 (2025): Insurance licensing — public adjusters and agents

Purpose

HB 2049 amends Kansas insurance licensing statutes to align the enforcement and review rules for public adjusters with those already applicable to insurance agents. It gives the Insurance Commissioner expanded authority to review related licenses/registrations and to take disciplinary/licensure actions in defined circumstances.

Key provisions

  • Authority to review related credentials
    • Authorizes the Commissioner to consult the status of public adjuster licenses and securities registrations when reviewing insurance agent license applications/renewals, and to consult insurance agent licenses and securities registrations when reviewing public adjuster license applications/renewals.
  • Failure to respond to inquiries
    • Allows the Commissioner to suspend, revoke, or refuse to issue/renew a public adjuster license for failing to respond to a Commissioner inquiry within a specified timeframe. (Committee reports differ: House Committee reduced the period to 14 calendar days; Senate Committee set it at 15 business days. The two versions are under conference.)
  • Conviction-review criteria
    • Establishes detailed factors the Commissioner must consider when evaluating applicants/licensees convicted of a misdemeanor or felony (age at time of conduct; recency; seriousness; rehabilitation; candor; materiality of omissions, etc.). These mirror the existing criteria for insurance agents (K.S.A. 40-4909).
    • Also lists factors to consider when deciding whether to reinstate or grant a license revoked for past conduct (present moral fitness; demonstrated remorse; rehabilitation; time elapsed; present competence, etc.).
  • Administrative hearings and costs
    • Any adverse action or administrative penalty must follow notice and an opportunity for hearing under the Kansas Administrative Procedure Act.
    • Hearing-related costs (witness fees, mileage, reproduction of documents, recording expense) may be assessed against the subject of the hearing or their business entity.
  • Employment and reapplication restrictions
    • Persons whose public adjuster license is suspended or revoked may not be employed by insurers doing business in Kansas (directly, indirectly, or as independent contractors) to perform insurance-related activities during suspension/revocation.
    • Reapplication barred for 1 year after denial following a hearing; 2 years after revocation—consistent with current agent licensure rules.

Who is affected

  • Public adjusters and applicants for public adjuster licenses
  • Insurance agents and their licensure reviews (cross‑reference to public adjuster status)
  • Insurance companies (restrictions on employing suspended/revoked adjusters)
  • Kansas Insurance Department (administration, investigations, hearings)

Procedural status (selected)

  • Introduced: Jan 23, 2025 (House)
  • Passed House and Senate committee actions; differences in the inquiry response period (14 calendar days vs. 15 business days) led to conference activity.
  • Current status: Motion to accede adopted; conference committee appointed (Senators Dietrich, Fagg, Francisco as conferees). Final enactment pending agreement between chambers.

Fiscal impact

  • Division of the Budget / Kansas Insurance Department estimate: possible increase in operating expenditures of an unknown amount, but any increase can be absorbed within existing resources.

Notes

  • The bill amends K.S.A. 40-5510 and K.S.A. 2024 Supp. 40-4909 (updates enforcement language and procedures for licensure).
  • Committee reports indicate the intent is parity between agent and public adjuster statutes and to allow consideration of securities registrations in licensure reviews.
  • The precise response-time requirement for Commissioner inquiries remains subject to resolution in conference.

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

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