FIRST REGULAR SESSION

HOUSE BILL NO. 542

91ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES RIDGEWAY, LUETKENHAUS, NAEGER, ABEL,

BERKSTRESSER AND SECREST (Co-sponsors).

Read 1st time January 25, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1008L.01I

AN ACT

To amend chapter 374, RSMo, relating to the department of insurance by adding thereto one new section relating to the same subject.



Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 374, RSMo, is amended by adding thereto one new section, to be known as section 374.285, to read as follows:

374.285. 1. All records of disciplinary actions against an insurance agent, broker, agency or producer which resulted in a voluntary forfeiture of two hundred dollars or less shall be expunged after a period of five years from the date of the execution of the voluntary forfeiture by the director of the department of insurance.

2. After a period of five years from the date of the final order of discipline, any insurance agent, broker, agency or producer may apply to the director for the expungement of any record of disciplinary action taken by the director. Disciplinary actions shall include, but not be limited to, reprimand, voluntary forfeiture, suspension or revocation.

3. In considering any application for expungement, the director shall consider the length of time that has passed since the record was made public, the licensee's correction of any problem or offense which may have led to the creation of the record, the severity of the problem or offense, or other factors that the director deems appropriate. The director may expunge any record for good cause shown.

4. The director shall make a written decision on such petition no later than thirty days after the application. The decision shall state whether the record will be expunged. If the decision is that the record will not be expunged, each reason for the decision shall be stated in separate, enumerated paragraphs. Any record that the director deems appropriate for expungement shall be expunged within thirty days of the date of the decision.

5. If the director determines that any record shall not be expunged, the administrative remedies are deemed exhausted. The applicant for expungement may then file an action for expungement of the record in either the circuit court of Cole County or the circuit court of the county where the applicant resides.

6. Expunged records are not open to public inspection and shall be destroyed.


Missouri House of Representatives