HB 300 (BR 1223) - R. Damron
AN ACT relating to insurance fraud.
Create a new section of Subtitle 47 of KRS Chapter 304 to provide that a person who engages in the business of insurance is guilty of a Class D felony if the person was previously convicted of a felony for an offense involving dishonesty or a breach of trust or convicted of fraud under this subtitle; provide for reimbursement of any department employee who has a judgment of monetary damages rendered against him or her for acts or omissions within the scope of his or her duties; amend KRS 304.47-010 to provide that a statement may be in any form; amend KRS 304.47-020 to designate what constitute a fraudulent insurance act; amend KRS 304.47-050 to make technical changes; provide that a person may notify any law enforcement agency if the person has knowledge or believes a fraudulent insurance act or any other act prohibited under this subtitle is being or has been committed; amend KRS 304.47-060 to provide that insurers and employees of insurers may report to other insurers and employees of insurers regarding persons who may be committing or may have committed fraudulent acts and exempt the insurers and employees from civil liability in the absence of malice, fraud, or gross negligence; amend KRS 304.47-070 to make technical changes; amend KRS 304.47-080 to require every insurer to maintain effective procedures and resources to deter and investigate fraudulent insurance acts.
HB 300 - AMENDMENTS
HCS - Retain original provisions and create a new section of Subtitle 47 of KRS Chapter 304 to provided that documents, materials, or other information in possession or control of the commissioner that is provided according to this subtitle is confidential and privileged; prohibit the commissioner or other person under his authority who received the documents from being required to testify in any private civil action concerning the confidential documents; designate with whom the commissioner may share the documents; delete the change in subsection (2)(b) of Section 4; amend KRS 304.47-040 to authorized the commissioner to obtain any evidence for use in criminal investigations; delete the change to subsection (2) of Section 6; amend KRS 304.47-060 to delete subsection (4).
SFA (1, M. Long) - Amend to delete provisions which indemnified department employee who has a judgment of monetary damages rendered against him or her for acts or omissions within the scope of his or her duties.
SFA (2, D. Williams) - Amend to decrease the penalty from a Class D felony to a criminal violation when an insurer knowingly permits the participation in the business of insurance by a person who has been convicted of any felony involving dishonesty or a breach of trust, or who has been convicted of fraudulent insurance acts.
Jan 10-introduced in House
Jan 11-to Banking and Insurance (H)
Jan 24-posted in committee
Jan 27-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 28-2nd reading, to Rules
Feb 3-posted for passage in the Regular Orders of the Day for Friday, February 4, 2000
Feb 7-3rd reading, passed 93-3 with Committee Substitute
Feb 8-received in Senate
Feb 10-to Banking and Insurance (S)
Mar 7-reported favorably, 1st reading, to Calendar
Mar 8-2nd reading, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Monday, March 13, 2000
Mar 13-floor amendments (1) and (2) filed ; passed over and retained in the Orders of the Day
Mar 14-3rd reading, passed 37-0 with floor amendments (1) and (2)
Mar 15-received in House; posted for passage for concurrence in Senate floor amendments (1) and (2)
Mar 21-House concurred in Senate floor amendments (1) and (2) ; passed 94-0
Mar 23-enrolled, signed by each presiding officer, delivered to Governor
Mar 31-signed by Governor (Acts ch. 253)