Banking and Insurance

Amend KRS 304.39-020, relating to personal injury protection benefits, to modify requirements for certain medical expenses paid by a reparation obligor; amend KRS 304.39-130 to increase the allowable weekly reimbursement for work loss and other loss; amend KRS 304.39-210 to establish requirements for a reparation obligor paying medical expenses and a person submitting and collecting medical expenses; create a new section of KRS Chapter 15 to provide the Attorney General with concurrent jurisdiction in the investigation and prosecution of offenses under KRS 304.47-020; amend KRS 304.47-020 to conform; create a new section of Subtitle 47 of KRS Chapter 304 to require the insurance commissioner to publish an annual insurance fraud report; direct that certain provisions apply to basic and added reparation benefits issued or renewed on or after the effective date of the Act.

Establish Subtitle 13 of KRS Chapter 286 and create new sections thereof to regulate virtual currency kiosks; establish definitions; provide for enforcement by the commissioner of the Department of Financial Institutions; establish license requirements for virtual currency kiosks; require regulatory filings to be submitted to a nationwide licensing system registry; establish initial and renewal application processes and requirements, reporting, surety bond and tangible net worth, and change of control requirements for virtual currency kiosk operators; require the commissioner to promulgate administrative regulations to establish format, document submission, fee, and trade practice requirements for virtual currency kiosk operators; establish record retention requirements for persons required to be licensed as virtual currency kiosk operators; establish trade practice requirements relating to protection of resident assets, virtual currency kiosk transactions, prohibited practices, and fraud and information security compliance procedures; authorize the commissioner to conduct investigations and examinations; provide for the confidentiality of certain documents provided to the commissioner; authorize the commissioner to share, disclose, and report information and take other actions to assist in the commissioner's duties; require the commissioner to submit an annual licensing report to the Legislative Research Commission; establish due process requirements for adverse actions taken by the commissioner against licensees and other persons; establish requirements for the denial, suspension, or revocation of a license; authorize the commissioner to enter cease and desist orders and emergency orders; authorize the commissioner to order civil penalties against persons that violate the subtitle; require the commissioner of the Department of Financial Institutions to promulgate any required emergency and ordinary administrative regulations on or before January 1, 2027; EFFECTIVE, in part, March 31, 2027.

Amend KRS 304.9-020 to modify the definition of "apprentice adjuster," "negotiate," and "public adjuster"; amend KRS 304.9-430 to prohibit the issuing of a public adjuster license on or after the effective date of the Act; amend KRS 304.9-432 to prohibit issuing an apprentice adjuster license to a person that is supervised by a public adjuster; prohibit temporary or apprentice adjuster licensees from taking an examination for, or being issued, a public adjuster license; amend KRS 304.9-433 to prohibit a public adjuster from providing services until the required rescission period has concluded; establish information to be included in contracts between a public adjuster and an insured; require a public adjuster to provide a physical copy of the contract to the insured and insurer; modify the required rescission period for contracts between a public adjuster and an insured; provide that contracts in violation of KRS Chapter 304 are not enforceable; amend KRS 304.9-4331 to prohibit a public adjuster from being affiliated with an entity or person that obtains business in connection with a claim, utilizing a contractor, another form of business, or other person to solicit or obtain contract signatures; prohibit a public adjuster from negotiating with an insurer on behalf of an insured; amend KRS 304.9-4332 to require a public adjuster to provide insured with a receipt of deposit within 3 business days; amend KRS 304.9-4333 to modify fees that may be charged by a public adjuster; amend KRS 304.9-440 to require the commissioner to take certain regulatory actions against an adjuster or apprentice licensee under certain conditions; amend KRS 304.9-436 and 304.9-295 to conform; make conforming and technical amendments throughout; direct that certain sections apply to contracts entered on or after the effective date of the Act.

Amend KRS 286.9-140 to require the commissioner of the Department of Financial Institutions to impose a $3 fee per deferred deposit transaction for data required to be submitted by a deferred deposit service business licensee; direct that the Act applies to deferred deposit transactions entered or or after the effective date of the Act.

Amend KRS 286.8-125 to exempt loans for which the total points and fees do not exceed the threshold set forth in 12 C.F.R. sec. 1026.43(e)(3) from total net income limits; make technical amendments; direct that the Act applies to contracts entered into on or after the effective date of the Act.