Kansas 2023-2024 Regular Session

Kansas House Bill HB2285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2285
2		-	AN ACT concerning the secretary of health and environment; relating to drug overdoses;
3		-	requiring the secretary of health and environment to study overdose deaths; providing
4		-	for the confidentiality of acquired and compiled records; restricting the powers of the
5		-	secretary of health and environment and local health officers to control the
6		-	introduction and spread of infectious or contagious diseases; revoking the authority
7		-	of the secretary to order individuals to isolate or quarantine and impose penalties for
8		-	violations thereof; prohibiting the secretary of health and environment from requiring
9		-	a COVID-19 vaccination in order to attend a child care facility or school; amending
10		-	K.S.A. 65-116g, 65-119, 65-128, 65-129b, 65-129d, 65-508 and 72-6262 and K.S.A.
11		-	2022 Supp. 65-101, 65-202 and 72-5180 and repealing the existing sections; also
12		-	repealing K.S.A. 65-126, 65-127, 65-129 and 65-129c.
	3	+	By Committee on Insurance
	4	+	2-2
	5	+	AN ACT concerning insurance; relating to insurance law; updating certain
	6	+	statutory references contained therein; amending K.S.A. 40-201, 40-
	7	+	216, 40-241 and 40-955 and repealing the existing sections.
13	8		Be it enacted by the Legislature of the State of Kansas:
14		-	New Section 1. (a) As used in this section:
15		-	(1) "Data" means all facts, information, records of interviews,
16		-	written reports, statements, notes or memorandums secured in
17		-	connection with an authorized medical research study.
18		-	(2) "Overdose" means injury to the body that happens when one or
19		-	more drugs are taken in excessive amounts. "Overdose" includes fatal
20		-	and nonfatal injuries.
21		-	(3) "Secretary" means the secretary of health and environment.
22		-	(b) The secretary shall:
23		-	(1) Identify drug overdose deaths;
24		-	(2) review autopsy reports, death certificates, medical records and
25		-	other relevant data;
26		-	(3) review interactions with the healthcare system, behavioral
27		-	health system, social services, educational institutions, children and
28		-	family services, the criminal justice system and any other systems with
29		-	which a decedent had contact prior to a drug overdose death;
30		-	(4) contact family members and other affected or involved persons
31		-	to collect additional relevant data;
32		-	(5) make determinations regarding the preventability of drug
33		-	overdose death cases and develop recommendations to prevent such
34		-	deaths, including recommendations for changes to statutes, rules and
35		-	regulations, policies and procedures; and (6) disseminate findings and
36		-	recommendations to the governor, the legislature, healthcare providers
37		-	and facilities, behavioral health professionals, law enforcement and the
38		-	general public.
39		-	(c) The secretary shall have access to the following identifiable
40		-	data sources and records therein:
41		-	(1) Law enforcement reports directly relating to events leading up
42		-	to a drug overdose death and information leading to the conclusion that
43		-	the death may have been a drug overdose death. The law enforcement
44		-	agency may redact names and other personally identifiable information
45		-	of individuals contained in such law enforcement reports or exclude
46		-	information that would reveal an ongoing investigation of drug
47		-	violations or any criminal history information prohibited by law to be
48		-	released;
49		-	(2) autopsy records and coroner's investigative records regarding a
50		-	drug overdose death in Kansas;
51		-	(3) medical records or emergency medical services records
52		-	regarding a drug overdose death or previous overdose by a decedent;
53		-	(4) a decedent's controlled substance dispensation records from
54		-	the prescription monitoring program established by the prescription
55		-	monitoring program act, K.S.A. 65-1681 et seq., and amendments
56		-	thereto; and
57		-	(5) records, data and reports from any other applicable entity that
58		-	has provided services to a decedent.
59		-	(d) (1) The secretary may apply to the district court for the
60		-	issuance of, and the district court may issue, a subpoena to compel the
61		-	production of any relevant data or information requested by the
62		-	secretary under this section. Any data or information received by the
63		-	secretary pursuant to the subpoena shall be confidential and privileged
64		-	information and not subject to disclosure.
65		-	(2) The provisions of this subsection providing for confidentiality
66		-	of records shall expire on July 1, 2028, unless the legislature acts prior HOUSE BILL No. 2285—page 2
67		-	to July 1, 2028, to continue such provisions in accordance with K.S.A.
68		-	45-229, and amendments thereto.
69		-	(e) (1) All proceedings and activities of the secretary or
70		-	representatives of the secretary under this section, opinions of the
71		-	secretary or representatives of the secretary formed as a result of such
72		-	proceedings and activities and records obtained, created or maintained
73		-	pursuant to this section, including records of interviews, written reports
74		-	and statements procured by the secretary or any other person, agency or
75		-	organization acting jointly or under contract with the department of
76		-	health and environment in connection with the requirements of this
77		-	section, shall be confidential and not subject to the provisions of the
78		-	open records act or the open meetings act or subject to subpoena,
79		-	discovery or introduction into evidence in any civil or criminal
80		-	proceeding. Nothing in this section shall be construed to limit or
81		-	otherwise restrict the right to discover or use in any civil or criminal
82		-	proceeding any document or record that is available and entirely
83		-	independent of proceedings and activities of the secretary or
84		-	representatives of the secretary under this section.
85		-	(2) The secretary or representatives of the secretary shall not be
86		-	questioned in any civil or criminal proceeding regarding the
87		-	information presented in or opinions formed as a result of an
88		-	investigation. Nothing in this section shall be construed to prevent the
89		-	secretary or representatives of the secretary from testifying to
90		-	information obtained independently of this section or that is public
91		-	information.
92		-	(3) The provisions of this subsection providing for confidentiality
93		-	of records shall expire on July 1, 2028, unless the legislature acts to
94		-	continue such provisions. The legislature shall review the provisions of
95		-	this subsection pursuant to K.S.A. 45-229, and amendments thereto,
96		-	prior to July 1, 2028.
97		-	Sec. 2. K.S.A. 2022 Supp. 65-101 is hereby amended to read as
98		-	follows: 65-101. (a) The secretary of health and environment shall
99		-	exercise general supervision of the health of the people of the state and
100		-	may:
101		-	(1) Where authorized by any other statute, require reports from
102		-	appropriate persons relating to the health of the people of the state so a
103		-	determination of the causes of sickness and death among the people of
104		-	the state may be made through the use of these reports and other
105		-	records;
106		-	(2) investigate the causes of disease, including especially,
107		-	epidemics and endemics, the causes of mortality and effects of locality,
108		-	employments, conditions, food, water supply, habits and other
109		-	circumstances affecting the health of the people of this state and the
110		-	causes of sickness and death;
111		-	(3) advise other offices and agencies of government concerning
112		-	location, drainage, water supply, disposal of excreta and heating and
113		-	ventilation of public buildings;
114		-	(4) make sanitary inspection and survey of such places and
115		-	localities as the secretary deems advisable;
116		-	(5) take action to prevent the introduction of infectious or
117		-	contagious disease into this state and to prevent the spread of infectious
118		-	or contagious disease within this state; and
119		-	(6) provide public health outreach services to the people of the
120		-	state including educational and other activities designed to increase the
121		-	individual's awareness and appropriate use of public and other
122		-	preventive health services.
123		-	(b) The secretary of health and environment may adopt rules and
124		-	regulations necessary to carry out the provisions of subsection (a). In
125		-	addition to other remedies provided by law, the secretary is authorized
126		-	to apply to the district court, and such court shall have jurisdiction upon
127		-	a hearing and for cause shown to grant a temporary or permanent
128		-	injunction to compel compliance with such rules and regulations.
129		-	(c) The secretary of health and environment shall not carry out
130		-	the provisions of subsection (a) or (b) in a manner that conflicts with HOUSE BILL No. 2285—page 3
131		-	any other statute or otherwise expands the authority of the secretary.
132		-	(d) In the event of a state of disaster emergency declared by the
133		-	governor pursuant to K.S.A. 48-924, and amendments thereto, or a
134		-	state of local disaster emergency declared pursuant to K.S.A. 48-932,
135		-	and amendments thereto, the legislature may revoke an order issued by
136		-	the secretary to take action related to such disaster emergency as
137		-	provided in this subsection. Such order may be revoked at any time by
138		-	concurrent resolution of the legislature or, when the legislature is not in
139		-	session or is adjourned during session for three or more days, such
140		-	order may be revoked by the legislative coordinating council with the
141		-	affirmative vote of five members thereof.
142		-	Sec. 3. K.S.A. 65-116g is hereby amended to read as follows: 65-
143		-	116g. (a) It shall be unlawful for any person who violates to:
144		-	(1) Violate any provision of this act relating to tuberculosis, or any
145		-	associated rules or regulations of the secretary of health and
146		-	environment for the enforcement of this act, or;
147		-	(2) violates violate any of the rules or regulations of any an
148		-	institution while a patient therein,; or
149		-	(3) conducts himself in a engage in disorderly manner, shall be
150		-	guilty of conduct, as described in K.S.A. 21-6203, and amendments
151		-	thereto.
152		-	(b) Violation of this section is a class C nonperson misdemeanor.
153		-	(c) As used in this section, "this act" means K.S.A. 65-116a
154		-	through 65-116m, and amendments thereto.
155		-	Sec. 4. K.S.A. 65-119 is hereby amended to read as follows: 65-
156		-	119. (a) Any county or joint board of health or local health officer
157		-	having knowledge of any infectious or contagious disease, or of a death
158		-	from such disease, within their jurisdiction, shall immediately exercise
159		-	and maintain a supervision over such case or cases during their
160		-	continuance, seeing that all such cases are properly cared for and that
161		-	the provisions of this act as relating to isolation, restriction of
162		-	communication, quarantine and disinfection are duly enforced. The
163		-	county or joint board of health or local health officer shall
164		-	communicate without delay all information as relating to existing
165		-	conditions to the secretary of health and environment. The local health
166		-	officer shall confer personally, if practicable, otherwise by letter, with
167		-	the person in attendance upon the case, as to its future management and
168		-	control. The county or joint board of health or local health officer is
169		-	hereby empowered and authorized to prohibit public gatherings when
170		-	necessary for the control of any and all infectious or contagious
171		-	disease.
172		-	(b) Any disclosure or communication of information relating to
173		-	infectious or contagious diseases required to be disclosed or
174		-	communicated under subsection (a) of this section shall be confidential
175		-	and shall not be disclosed or made public beyond the requirements of
176		-	subsection (a) of this section or subsection (a) of K.S.A. 65-118(a), and
177		-	amendments thereto, except as otherwise permitted by subsection (c) of
178		-	K.S.A. 65-118(c), and amendments thereto.
179		-	Sec. 5. K.S.A. 65-128 is hereby amended to read as follows: 65-
180		-	128. (a) For the protection of the public health and for the control of
181		-	infectious or contagious diseases, the secretary of health and
182		-	environment by rules and regulations shall adopt rules and regulations
183		-	to designate such diseases as that are infectious or contagious in their
184		-	nature and, prior to adopting amendments to such rules and
185		-	regulations, submit a report with the proposed amendments to the
186		-	speaker of the house of representatives and the president of the senate.
187		-	(b) The secretary of health and environment is authorized to issue
188		-	such orders and adopt rules and regulations as may be medically
189		-	necessary and reasonable recommend to the public and provide
190		-	education on ways to prevent the spread and dissemination of diseases
191		-	injurious to the public health, including, but not limited to, providing
192		-	for the testing for such diseases and the isolation and quarantine of
193		-	persons afflicted with or exposed to such diseases.
194		-	(c) No later than January 1, 2014, The secretary shall develop and HOUSE BILL No. 2285—page 4
195		-	adopt rules and regulations providing for make recommendations for
196		-	preventing the introduction and spread of infectious or contagious
197		-	disease within this state and the protection of individuals who provide
198		-	medical or nursing services, clinical or forensic laboratory services,
199		-	emergency medical services and firefighting, law enforcement and
200		-	correctional services, or who provide any other service, or individuals
201		-	who receive any such services or are in any other employment where
202		-	the individual may encounter occupational exposure to blood and other
203		-	potentially infectious materials.
204		-	Sec. 6. K.S.A. 65-129b is hereby amended to read as follows: 65-
205		-	129b. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-
206		-	123, 65-126 and 65-128, and amendments thereto, and any rules or
207		-	regulations adopted thereunder, in investigating actual or potential
208		-	exposures to an infectious or contagious disease that is potentially life-
209		-	threatening, the local health officer or the secretary:
210		-	(1) (A)(a) May issue an order requiring recommend an individual
211		-	who whom the local health officer or the secretary has reason to believe
212		-	has been exposed to an infectious or contagious disease to seek
213		-	appropriate and necessary evaluation and treatment;
214		-	(B)(b) when the local health officer or the secretary determines
215		-	that it is medically necessary and reasonable to prevent or reduce the
216		-	spread of the disease or outbreak believed to have been caused by the
217		-	exposure to an infectious or contagious disease, may order recommend
218		-	an individual or group of individuals to go to and remain in places of
219		-	isolation or quarantine until the local health officer or the secretary
220		-	determines that the individual no longer poses a substantial risk of
221		-	transmitting the disease or condition to the public;
222		-	(C)(c) if a competent individual of who is 18 years of age or older
223		-	or an emancipated minor refuses vaccination, medical examination,
224		-	treatment or testing under this section, may require recommend the
225		-	individual to go to and remain in a place of isolation or quarantine until
226		-	the local health officer or the secretary determines that the individual
227		-	no longer poses a substantial risk of transmitting the disease or
228		-	condition to the public; and
229		-	(D)(d) if, on behalf of a minor child or ward, a parent or guardian
230		-	refuses vaccination, medical examination, treatment or testing under
231		-	this section, may require recommend the minor child or ward to go to
232		-	and remain in a place of isolation or quarantine and must shall allow
233		-	the parent or guardian to accompany the minor child or ward until the
234		-	local health officer or the secretary determines that the minor child or
235		-	ward no longer poses a substantial risk of transmitting the disease or
236		-	condition to the public; and
237		-	(2) may order any sheriff, deputy sheriff or other law enforcement
238		-	officer of the state or any subdivision to assist in the execution or
239		-	enforcement of any order issued under this section.
240		-	Sec. 7. K.S.A. 65-129d is hereby amended to read as follows: 65-
241		-	129d. It shall be unlawful for any A public or private employer to shall
242		-	not discharge an employee solely because the employee or an
243		-	immediate family member of the employee is under an order of
244		-	following an isolation or quarantine recommendation from a local
245		-	health officer. The violation of this section is punishable as a violation
246		-	of K.S.A. 65-129, and amendments thereto In an action against an
247		-	employer for a violation of this section, the court shall award a
248		-	prevailing plaintiff the actual damages such person sustained, costs
249		-	and reasonable attorney fees.
250		-	Sec. 8. K.S.A. 2022 Supp. 65-202 is hereby amended to read as
251		-	follows: 65-202. (a) The local health officer in each county throughout
252		-	the state, immediately after such officer's appointment, shall:
253		-	(1) Take the same oath of office prescribed by law for the county
254		-	officers, shall;
255		-	(2) give bond of $500 conditioned for the faithful performance of
256		-	the officer's duties, shall;
257		-	(3) keep an accurate record of all the transactions of such office,
258		-	shall; HOUSE BILL No. 2285—page 5
259		-	(4) turn over to the successor in office or to the county or joint
260		-	board of health selecting such officer, on the expiration of such officer's
261		-	term of office, all records, documents and other articles belonging to
262		-	the office; and shall
263		-	(5) faithfully account to the board of county commissioners and to
264		-	the county and state for all moneys coming into the office. Such officer
265		-	shall notify the secretary of health and environment of such officer's
266		-	appointment and qualification, and provide the secretary with such
267		-	officer's contact information.
268		-	(b) Such officer shall receive and distribute without delay in the
269		-	county all forms from the secretary of health and environment to the
270		-	rightful persons, all returns from persons licensed to practice medicine
271		-	and surgery, assessors and local boards to said secretary, shall keep an
272		-	accurate record of all of the transactions of such office and shall turn
273		-	over all records and documents kept by such officer, the successor in
274		-	office, or to the county or joint board electing such officer, on the
275		-	expiration of the term of office.
276		-	(c) The local health officer shall upon the opening of the fall term
277		-	of school, make a sanitary inspection of each school building and
278		-	grounds, and shall make such additional inspections as are necessary to
279		-	protect the public health of the students of the school.
280		-	(c)(d) (1) Such officer shall make an investigation of each case of
281		-	smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior
282		-	poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis
283		-	and such other acute infectious, contagious or communicable diseases
284		-	as may be required, and shall use all known medically necessary and
285		-	reasonable measures to prevent the spread of any such infectious,
286		-	contagious or communicable disease, and shall perform such other
287		-	duties as this act, the county or joint board, or board of health or the
288		-	secretary of health and environment may require.
289		-	(2) Any order issued by the local health officer, including Orders
290		-	issued as a result of an executive order of the governor, on behalf of a
291		-	county regarding the remediation of any infectious disease may be
292		-	reviewed, amended or revoked by the board of county commissioners
293		-	of any county affected by such order in the manner provided by K.S.A.
294		-	65-201(b), and amendments thereto.
295		-	(e) Such officer shall receive compensation as set by the board
296		-	and, with the approval of the board of health, may employ a skilled
297		-	professional nurse and other additional personnel whenever deemed
298		-	necessary for the protection of the public health.
299		-	(f) For any failure or neglect of the local health officer to perform
300		-	any of the duties prescribed in this act, the officer may be removed
301		-	from office by the county board of health. In addition to removal from
302		-	office, for any failure or neglect to perform any of the duties prescribed
303		-	by this act, the local health officer shall be deemed guilty of a
304		-	misdemeanor and, upon conviction, be fined not less $10 nor more than
305		-	$100 for each and every offense.
306		-	Sec. 9. K.S.A. 65-508 is hereby amended to read as follows: 65-
307		-	508. (a) Any A maternity center or child care facility subject to the
308		-	provisions of this act shall:
309		-	(1) Be properly heated, plumbed, lighted and ventilated;
310		-	(2) have plumbing, water and sewerage systems which that
311		-	conform to all applicable state and local laws; and
312		-	(3) be operated with strict regard to the health, safety and welfare
313		-	of any woman or child.
314		-	(b) Every maternity center or child care facility shall furnish or
315		-	cause to be furnished for the use of each resident and employee
316		-	individual towel, wash cloth washcloth, comb and individual drinking
317		-	cup or sanitary bubbling fountain, and toothbrushes for all other than
318		-	infants, and shall keep or require such articles to be kept at all times in
319		-	a clean and sanitary condition. Every maternity center or child care
320		-	facility shall comply with all applicable fire codes and rules and
321		-	regulations of the state fire marshal.
322		-	(c) (1) The secretary of health and environment with the HOUSE BILL No. 2285—page 6
323		-	cooperation of the secretary for children and families shall develop and
324		-	adopt rules and regulations for the operation and maintenance of
325		-	maternity centers and child care facilities. The rules and regulations for
326		-	operating and maintaining maternity centers and child care facilities
327		-	shall be designed to promote the health, safety and welfare of any
328		-	woman or child served in such facilities by ensuring safe and adequate
329		-	physical surroundings, healthful food, adequate handwashing, safe
330		-	storage of toxic substances and hazardous chemicals, sanitary diapering
331		-	and toileting, home sanitation, supervision and care of the residents by
332		-	capable, qualified persons of sufficient number, after-hour care, an
333		-	adequate program of activities and services, sudden infant death
334		-	syndrome and safe sleep practices training, prohibition on corporal
335		-	punishment, crib safety, protection from electrical hazards, protection
336		-	from swimming pools and other water sources, fire drills, emergency
337		-	plans, safety of outdoor playground surfaces, door locks, safety gates
338		-	and transportation and such appropriate parental participation as may
339		-	be feasible under the circumstances. Boarding schools are excluded
340		-	from requirements regarding the number of qualified persons who must
341		-	supervise and provide care to residents.
342		-	(2) Rules and regulations developed under this subsection shall
343		-	include provisions for the competent supervision and care of children in
344		-	day care facilities. For purposes of such rules and regulations,
345		-	competent supervision as this term relates to children less than five
346		-	years of age includes, but is not limited to, direction of activities,
347		-	adequate oversight including sight or sound monitoring, or both,
348		-	physical proximity to children, diapering and toileting practices; and
349		-	for all children, competent supervision includes, but is not limited to,
350		-	planning and supervision of daily activities, safe sleep practices,
351		-	including, but not limited to, visual or sound monitoring, periodic
352		-	checking, emergency response procedures and drills, illness and injury
353		-	response procedures, food service preparation and sanitation,
354		-	playground supervision, pool and water safety practices.
355		-	(d) In addition to any rules and regulations adopted under this
356		-	section for safe sleep practices, child care facilities shall ensure that all
357		-	of the following requirements are met for children under 12 months of
358		-	age:
359		-	(1) A child shall only be placed to sleep on a surface and in an
360		-	area that has been approved for use as such by the secretary of health
361		-	and environment;
362		-	(2) the sleep surface shall be free from soft or loose bedding,
363		-	including, but not limited to, blankets, bumpers and pillows; and
364		-	(3) the sleep surface shall be free from toys, including mobiles and
365		-	other types of play equipment or devices.
366		-	(e) Child care facilities shall ensure that children over 12 months
367		-	of age only be placed to sleep on a surface and in an area that has been
368		-	approved for use as such by the secretary of health and environment.
369		-	(f) The secretary of health and environment may exercise
370		-	discretion to make exceptions to requirements in subsections (d) and (e)
371		-	where special health needs exist.
372		-	(g) (1) Each child cared for in a child care facility, including
373		-	children of the person maintaining the facility, shall be required to have
374		-	current such immunizations as the secretary of health and environment
375		-	considers necessary. The person maintaining a child care facility shall
376		-	maintain a record of each child's immunizations and shall provide to
377		-	the secretary of health and environment such information relating
378		-	thereto, in accordance with rules and regulations of the secretary, but
379		-	the person maintaining a child care facility shall not have such person's
380		-	license revoked solely for the failure to have or to maintain the
381		-	immunization records required by this subsection.
382		-	(2) (A) The secretary of health and environment shall not require
383		-	a child cared for in a child care facility to receive a COVID-19
384		-	vaccine.
385		-	(B) As used in this paragraph, "COVID-19 vaccine" means an
386		-	immunization, vaccination or injection against disease caused by the HOUSE BILL No. 2285—page 7
387		-	novel coronavirus identified as SARS-CoV-2 or disease caused by a
388		-	variant of the virus.
389		-	(h) The immunization requirement of subsection (g) shall not
390		-	apply if one of the following is obtained:
391		-	(1) Certification from a licensed physician stating that the physical
392		-	condition of the child is such that immunization would endanger the
393		-	child's life or health; or
394		-	(2) a written statement signed by a parent or guardian that the
395		-	parent or guardian is an adherent of a religious denomination whose
396		-	teachings are opposed to immunizations.
397		-	Sec. 10. K.S.A. 2022 Supp. 72-5180 is hereby amended to read as
398		-	follows: 72-5180. (a) Commencing in the 2021-2022 school year,
399		-	Except as otherwise provided in this section, no school district shall
400		-	provide or offer to any student enrolled in the district more than a total
401		-	of 40 school term hours of remote learning unless:
402		-	(1) The board of education of the school district has authorized a
403		-	student to temporarily attend school through remote learning in excess
404		-	of the 40-hour limitation pursuant to a temporary individual exemption
405		-	granted pursuant to subsection (b); or
406		-	(2) due to a disaster, the state board of education has authorized
407		-	the school district to conduct remote learning in excess of the 40-hour
408		-	limitation pursuant to subsection (c) or has waived the limitations
409		-	provided in subsection (d).
410		-	(b) The board of education of a school district may temporarily
411		-	suspend the remote learning limitation provided in subsection (a) on an
412		-	individual student basis for any student who cannot reasonably attend
413		-	school in person due to an illness, medical condition, injury or any
414		-	other extraordinary circumstance that would necessitate remote
415		-	learning to allow the student to continue to receive an education during
416		-	the existence of such circumstance. The board of education of the
417		-	school district shall notify the state board of any individual exemptions
418		-	provided pursuant to this subsection and the reason for such exemption.
419		-	(c) The state board of education may authorize a school district to
420		-	exceed the 40-hour remote learning limitation upon application by the
421		-	school district. The application may be granted by the state board of
422		-	education upon:
423		-	(1) Certification by a school district that, due to a disaster,
424		-	conditions resulting from widespread or severe property damage caused
425		-	by the disaster or other conditions restricting the operation of public
426		-	schools will exist in the school district for an inordinate period of time;
	9	+	Section 1. K.S.A. 40-201 is hereby amended to read as follows: 40-
	10	+	201. For the purposes of this article the term "insurance company" shall,
	11	+	unless otherwise provided, apply to all corporations, companies,
	12	+	associations, societies, persons or partnerships writing contracts of
	13	+	insurance, indemnity or suretyship upon any type of risk or loss: Provided,
	14	+	however, That this definition shall not be held to . "Insurance company"
	15	+	does not include fraternal benefit societies as defined in section 40-701 of
	16	+	this code K.S.A. 40-738, and amendments thereto, or hospitals or hospital
	17	+	associations which that have been in operation ten years or more for not
	18	+	less than 10 years.
	19	+	Sec. 2. K.S.A. 40-216 is hereby amended to read as follows: 40-216.
	20	+	(a) (1) No insurance company shall hereafter transact business in this state
	21	+	until certified copies of its charter and amendments thereto shall have been
	22	+	filed with and approved by the commissioner of insurance. A copy of the
	23	+	bylaws and amendments thereto of insurance companies organized under
	24	+	the laws of this state shall also be filed with and approved by the
	25	+	commissioner of insurance. The commissioner may also require the filing
	26	+	of such other documents and papers as are necessary to determine
	27	+	compliance with the laws of this state.
	28	+	(2) (A) Except as provided in subparagraph (B), each contract of
	29	+	insurance or indemnity issued or delivered in this state shall be effective
	30	+	on filing, or any subsequent date selected by the insurer, unless the
	31	+	commissioner disapproves such contract of insurance or indemnity within
	32	+	30 days after filing because the contract of insurance or indemnity does
	33	+	not comply with Kansas law.
	34	+	(B) The following contracts of insurance or indemnity shall not be
	35	+	subject to the provisions of subsection (A):
	36	+	(i) Contracts pertaining to large risks as defined in subsection (i) of
	37	+	K.S.A. 40-955, and amendments thereto, which are exempt from the filing
	38	+	requirements of this section;
	39	+	(ii) personal lines contracts filed in accordance with paragraph (3) of
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	76	+	this section;
	77	+	(iii) any form filing for the basic coverage required by K.S.A. 40-
	78	+	3401 et seq., and amendments thereto; and
	79	+	(iv) form filing for workers compensation.
	80	+	No form filing listed in clauses (iii) and (iv) of this subparagraph shall
	81	+	be used in this state by any insurer until such form filing has been
	82	+	approved by the commissioner.
	83	+	(3) Each personal lines contract of insurance or indemnity issued or
	84	+	delivered in this state shall be on file for a period of 30 days before
	85	+	becoming effective unless the commissioner disapproves such personal
	86	+	lines contract of insurance or indemnity within 30 days after filing because
	87	+	the contract of insurance or indemnity does not comply with Kansas law.
	88	+	For the purposes of this paragraph, the term "personal lines" shall mean
	89	+	means insurance for noncommercial automobile, homeowners, dwelling,
	90	+	fire and renters insurance policies as defined by the commissioner by rules
	91	+	and regulations.
	92	+	(4) Under such rules and regulations as the commissioner of
	93	+	insurance shall adopt, the commissioner may, by written order, suspend or
	94	+	modify the requirement of filing forms of contracts of insurance or
	95	+	indemnity, which cannot practicably be filed before they are used. Such
	96	+	orders, rules and regulations shall be made known to insurers and rating
	97	+	organizations affected thereby. The commissioner may make an
	98	+	examination to ascertain whether any forms affected by such order meet
	99	+	the standards of this code.
	100	+	(5) The failure of any insurance company to comply with this section
	101	+	shall not constitute a defense to any action brought on its contracts. An
	102	+	insurer may satisfy its obligation to file its contracts of insurance or
	103	+	indemnity either individually or by authorizing the commissioner to accept
	104	+	on its behalf the filings made by a licensed rating organization or another
	105	+	insurer.
	106	+	(b) The commissioner of insurance shall allow any insurance
	107	+	company authorized to transact business in this state to deliver to any
	108	+	person in this state any contract of insurance or indemnity, including any
	109	+	explanatory materials, written in any language other than the English
	110	+	language under the following conditions:
	111	+	(1) The insured or applicant for insurance who is given a copy of the
	112	+	same contract of insurance or indemnity or explanatory materials written
	113	+	in the English language;
	114	+	(2) the English language version of the contract for insurance or
	115	+	indemnity or explanatory materials delivered shall be the controlling
	116	+	version; and
	117	+	(3) any contract of insurance or indemnity or explanatory materials
	118	+	written in any language other than English shall contain a disclosure
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	162	+	statement printed in both the English language and the other language
	163	+	used, stating the English version of the contract of insurance or indemnity
	164	+	is the official or controlling version and that the version is written in any
	165	+	language other than English is furnished for informational purposes only.
	166	+	(c) All contracts of insurance or indemnity that are required to be
	167	+	filed with the commissioner of insurance shall be accompanied by any
	168	+	version of such contract of insurance or indemnity written in any language
	169	+	other than the English language.
	170	+	(d) Any insurance company or insurer, including any agent or
	171	+	employee thereof, who knowingly misrepresents the content of a contract
	172	+	of insurance or indemnity or explanatory materials written in a language
	173	+	other than the English language shall be deemed to have violated the
	174	+	unfair trade practice law.
	175	+	(e) For the purposes of this section, the term "contract of insurance or
	176	+	indemnity" shall include includes any rider, endorsement or application
	177	+	pertaining to such contract of insurance or indemnity.
	178	+	(f) (1) If at any time after a filing becomes effective, the
	179	+	commissioner finds that such filing does not comply with this act, after the
	180	+	commissioner shall send written notice to every insurer and rating
	181	+	organization making such filing that a hearing concerning such filing will
	182	+	be held in not less than 10 days.
	183	+	(2) After the hearing, the commissioner shall issue an order stating:
	184	+	(A) The reasons why such filing failed to comply with the act; and
	185	+	(B) the date, within a reasonable time after the date the order is
	186	+	issued, upon which such filing shall no longer be effective.
	187	+	(3) A copy of the commissioner's order shall be sent to every insurer
	188	+	and rating organization that made such filing.
	189	+	(4) No order issued pursuant to this subsection shall affect any
	190	+	contract or policy made or issued under such filing prior to the date
	191	+	specified upon which such filing shall no longer be effective.
	192	+	Sec. 3. K.S.A. 40-241 is hereby amended to read as follows: 40-241.
	193	+	Any applicant or prospective applicant for an agent's license, if an
	194	+	individual, shall be given an examination by the commissioner or the
	195	+	commissioner's designee to determine whether such applicant possesses
	196	+	the competence and knowledge of the kinds of insurance and transactions
	197	+	under the license applied for, or to be applied for, of the duties and
	198	+	responsibilities of such a license and of the pertinent provisions of the laws
	199	+	of this state. The applicant shall be tested on each class or subclassification
	200	+	of insurance that may be written. An examination fee prescribed in rules
	201	+	and regulations adopted by the commissioner shall be paid by the applicant
	202	+	and shall be required for each class of insurance for each attempt to pass
	203	+	the examination. Such examination fee shall be in addition to the
	204	+	certification fee required under K.S.A. 40-252, and amendments thereto.
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	248	+	There shall be four classes of insurance for the purposes of this act:
	249	+	(1) Life;
	250	+	(2) accident and health;
	251	+	(3) casualty and allied lines; and
	252	+	(4) property and allied lines.
	253	+	An insurance license may be issued as a subclassification of casualty
	254	+	and allied lines to any auto rental agency. An auto rental agency may offer
	255	+	or sell insurance only in connection with and incidental to the rental of
	256	+	motor vehicles, whether at the rental office, at the point of delivery of a
	257	+	vehicle, or by preselection of coverage in a master, corporate or group
	258	+	rental agreement, in any of the following general categories:
	259	+	(1) Personal accident insurance covering risks of travel;
	260	+	(2) motor vehicle liability insurance;
	261	+	(3) personal effects insurance providing coverage to renters and other
	262	+	occupants of the motor vehicle;
	263	+	(4) roadside assistance and emergency sickness protection programs;
427	264		and
428		-	(2) a determination by the state board that the school district
429		-	cannot reasonably adjust its schedule to comply with the requirements
430		-	of this section unless remote learning is conducted for a period of time
431		-	not to exceed 240 school term hours, unless such limitation is waived
432		-	by the state board pursuant to subsection (d).
433		-	(d) The state board of education may waive the requirements of
434		-	law relating to the remote learning limitations pursuant to subsection
435		-	(c) in any school year upon application for such waiver by a school
436		-	district. The waiver may be granted by the state board of education
437		-	upon:
438		-	(1) Certification by a board of education that, due to a disaster,
439		-	conditions resulting from widespread or severe property damage caused
440		-	by the disaster or other conditions restricting the operation of public
441		-	schools will exist in the school district for an inordinate period of time;
442		-	and
443		-	(2) a determination by the state board that the school district
444		-	cannot reasonably adjust its schedule to comply with such requirements
445		-	of law and that remote learning beyond the limitations provided in
446		-	subsection (c) is necessary to allow the school district to continue to
447		-	provide education to students during such conditions.
448		-	(e) (1) Any student who attends a school of a school district
449		-	through remote learning in excess of the remote learning limitations
450		-	provided pursuant to this section shall be deemed a remote learning HOUSE BILL No. 2285—page 8
451		-	student and shall be counted as a remotely enrolled student for state aid
452		-	purposes.
453		-	(2) On or before June 30 of each school year:
454		-	(A) A school district that offers remote learning during the school
455		-	year shall determine the remote enrollment of the district based on the
456		-	number of students remotely enrolled in accordance with this section;
457		-	(B) the clerk or superintendent of each school district shall certify
458		-	under oath to the state board a report showing the remote enrollment of
459		-	the school district determined pursuant to this subsection by the grades
460		-	maintained in the schools of the school district. The state board shall
461		-	examine such reports upon receipt, and if the state board finds any
462		-	errors in any such report, the state board shall consult with the school
463		-	district officer furnishing the report and make any necessary corrections
464		-	in the report; and
465		-	(C) the state board shall determine the number of students who
466		-	were included in the remote enrollment of each school district and
467		-	recompute the enrollment of the school district as required pursuant to
468		-	this subsection.
469		-	(3) A school district that offers remote learning and is determined
470		-	to have remotely enrolled students pursuant to this section shall receive
471		-	remote enrollment state aid. The state board shall determine the amount
472		-	of remote enrollment state aid a school district is to receive by
473		-	multiplying the remote enrollment of the school district by $5,000. No
474		-	remote enrollment state aid shall be provided for any student who
475		-	participates in remote learning on a part-time basis during the school
476		-	day.
477		-	(4) The state board shall notify each school district of the amount
478		-	of remote enrollment state aid the district shall receive pursuant to this
479		-	section and, pursuant to K.S.A. 72-5136, and amendments thereto,
480		-	shall:
481		-	(A) Require the district to remit any such amount of overpayment
482		-	made to the district in the current school year; or
483		-	(B) deduct the excess amounts paid to the district from future
484		-	payments made to the school district.
485		-	(5) If a student is included in the remote enrollment of a district
486		-	pursuant to this subsection, such student shall not be included in the
487		-	adjusted enrollment of the district in the current school year.
488		-	(f) Each school district that determines remote enrollment
489		-	pursuant to this section shall submit any documentation or information
490		-	required by the state board.
491		-	(g) As used in this section, "disaster" means a state of disaster
492		-	emergency declared by proclamation of the governor pursuant to
493		-	K.S.A. 48-924, and amendments thereto, closure of schools by order
494		-	issued by a county or joint board of health, a local health officer
495		-	pursuant to K.S.A. 65-119, and amendments thereto, or the secretary of
496		-	health and environment pursuant to K.S.A. 65-126, and amendments
497		-	thereto, or occurrence of widespread or severe damage, injury or loss of
498		-	life or property resulting from any natural or manmade cause,
499		-	including, but not limited to, fire, flood, earthquake, tornado, wind,
500		-	storm, an epidemic, air contamination, blight, drought, infestation or
501		-	explosion.
502		-	(h) This section shall be a part of and supplemental to the Kansas
503		-	school equity and enhancement act.
504		-	(i) This section shall take effect and be in force from and after July
505		-	1, 2021.
506		-	Sec. 11. K.S.A. 72-6262 is hereby amended to read as follows: 72-
507		-	6262. (a) (1) In each school year, every pupil student enrolling or
508		-	enrolled in any school for the first time in this state, and each child
509		-	enrolling or enrolled for the first time in a preschool or day care
510		-	program operated by a school, and such other pupils students as may be
511		-	designated by the secretary, prior to admission to and attendance at
512		-	school, shall present to the appropriate school board certification from a
513		-	physician or local health department that the pupil student has received
514		-	such tests and inoculations as are deemed necessary by the secretary by HOUSE BILL No. 2285—page 9
515		-	such means as are approved by the secretary. Pupils Students who have
516		-	not completed the required inoculations may enroll or remain enrolled
517		-	while completing the required inoculations if a physician or local health
518		-	department certifies that the pupil student has received the most recent
519		-	appropriate inoculations in all required series. Failure to timely
520		-	complete all required series shall be deemed non-compliance.
521		-	(2) (A) The secretary of health and environment shall not require
522		-	a student described in paragraph (1) to receive a COVID-19 vaccine.
523		-	(B) As used in this paragraph, "COVID-19 vaccine" means an
524		-	immunization, vaccination or injection against disease caused by the
525		-	novel coronavirus identified as SARS-CoV-2 or disease caused by a
526		-	variant of the virus.
527		-	(b) As an alternative to the certification required under subsection
528		-	(a), a pupil student shall present:
529		-	(1) An annual written statement signed by a licensed physician
530		-	stating the physical condition of the child to be is such that the tests or
531		-	inoculations would seriously endanger the life or health of the child,; or
532		-	(2) a written statement signed by at least one parent or guardian
533		-	stating that the child is an adherent of a religious denomination whose
534		-	religious teachings are opposed to such tests or inoculations.
535		-	(c) On or before May 15 of each school year, the school board of
536		-	every school affected by this act shall notify the parents or guardians of
537		-	all known pupils students who are enrolled or who will be enrolling in
538		-	the school of the provisions this act and any policy regarding the
539		-	implementation of the provisions of this act adopted by the school
540		-	board.
541		-	(d) If a pupil student transfers from one school to another, the
542		-	school from which the pupil student transfers shall forward with the
543		-	pupil's student's transcript the certification or statement showing
544		-	evidence of compliance with the requirements of this act to the school
545		-	to which the pupil student transfers.
546		-	Sec. 12. K.S.A. 65-116g, 65-119, 65-126, 65-127, 65-128, 65-129,
547		-	65-129b, 65-129c, 65-129d, 65-508 and 72-6262 and K.S.A. 2022
548		-	Supp. 65-101, 65-202 and 72-5180 are hereby repealed.
549		-	Sec. 13. This act shall take effect and be in force from and after its
	265	+	(5) any other travel or auto-related coverage an auto rental company
	266	+	may offer in connection with and incidental to rental of motor vehicles. No
	267	+	insurance may be issued by an auto rental agency unless the rental period
	268	+	of the rental agreement does not exceed 90 consecutive days and brochures
	269	+	and other written material clearly and correctly explaining insurance
	270	+	coverages offered by the agency are available for prospective renters and
	271	+	clear and complete disclosures are provided to prospective renters that
	272	+	such coverage may be duplicative of other insurance owned by the renter,
	273	+	that purchase of insurance coverage is not a condition for renting a motor
	274	+	vehicle and describing the process for filing a claim.
	275	+	Auto rental agencies employing representatives shall conduct a training
	276	+	program for each representative, providing instruction on the kinds of
	277	+	insurance coverage offered by the agency.
	278	+	No auto rental agency shall offer or solicit any insurance other than the
	279	+	coverages described in this section without an insurance license. No auto
	280	+	rental employee or auto rental agency shall advertise or otherwise hold
	281	+	themselves out as licensed insurers, insurance agents or insurance brokers.
	282	+	The commissioner of insurance shall adopt rules and regulations with
	283	+	respect to the scope, subclassification, type and conduct of such
	284	+	examination. Examinations shall be given to applicants at least twice a
	285	+	month in Topeka, Kansas, and at least quarterly in other convenient
	286	+	locations in the state of Kansas. The commissioner shall publish or arrange
	287	+	for the publication of information and material which applicants can use to
	288	+	prepare for such examination. One or more rating organizations, advisory
	289	+	organizations or other associations may be designated by the
	290	+	commissioner to assist in, or assume responsibility for, distribution of the
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	334	+	study manuals to applicants and other interested parties. Persons
	335	+	purchasing the study manual shall be charged a reasonable fee established
	336	+	or approved by the commissioner. In the event the publication and
	337	+	distribution of the study material or the development and conduct of
	338	+	examinations is delegated to private firms, organizations or associations
	339	+	and the state incurs no expense or obligation, the provisions of K.S.A. 75-
	340	+	3738 through 75-3744, and amendments thereto, shall not apply. If the
	341	+	commissioner of insurance finds that the individual applicant is
	342	+	trustworthy, competent and has satisfactorily completed the examination,
	343	+	the commissioner shall forthwith issue to the applicant a license as an
	344	+	insurance agent but the issuance of such license shall confer no authority
	345	+	to transact business in this state until the agent has been certified by a
	346	+	company pursuant to K.S.A. 40-241i 40-4912, and amendments thereto. If
	347	+	such applicant fails to satisfactorily complete the examination, the
	348	+	examination may be retaken following a waiting period of not less than
	349	+	seven days from the date of the last attempt. If the applicant again fails to
	350	+	satisfactorily complete the examination, it may be retaken following
	351	+	another waiting period of not less than seven days from the date of the
	352	+	most recent attempt.
	353	+	Sec. 4. K.S.A. 40-955 is hereby amended to read as follows: 40-955.
	354	+	(a) Every insurer shall file with the commissioner, except as to inland
	355	+	marine risks where general custom of the industry is not to use manual
	356	+	rates or rating plans, every manual of classifications, rules and rates, every
	357	+	rating plan, policy form and every modification of any of the foregoing
	358	+	which it proposes to use. Every such filing shall indicate the proposed
	359	+	effective date and the character and extent of the coverage contemplated
	360	+	and shall be accompanied by the information upon which the insurer
	361	+	supports the filings. A filing and any supporting information shall be open
	362	+	to public inspection after it is filed with the commissioner, except that
	363	+	disclosure shall not be required for any information contained in a filing or
	364	+	in any supporting documentation for the filing when such information is
	365	+	either a trade secret or copyrighted. For the purposes of this section, the
	366	+	term "trade secret" shall have the meaning ascribed to it means the same
	367	+	as defined in K.S.A. 60-3320, and amendments thereto. An insurer may
	368	+	satisfy its obligations to make such filings by authorizing the
	369	+	commissioner to accept on its behalf the filings made by a licensed rating
	370	+	organization or another insurer. Nothing contained in this act shall be
	371	+	construed to require any insurer to become a member or subscriber of any
	372	+	rating organization.
	373	+	(b) Certificate of insurance forms must be filed with the
	374	+	commissioner of insurance and approved prior to use. Notwithstanding the
	375	+	"large risk" filing exemption in subsection (j) (i), a certificate of insurance
	376	+	cannot be used to modify, alter or amend the insurance policy it describes.
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	420	+	The certificate of insurance shall contain the following or similar
	421	+	language: The certificate of insurance neither affirmatively nor negatively
	422	+	amends, extends or alters the coverage afforded by the policies listed
	423	+	thereon. An industry standard setting organization may be authorized by
	424	+	the commissioner of insurance to file certificate of insurance forms on
	425	+	behalf of authorized insurers.
	426	+	(c) Any rate filing for the basic coverage required by K.S.A. 40-3401
	427	+	et seq., and amendments thereto, loss costs filings for workers
	428	+	compensation, and rates for assigned risk plans established by article 21 of
	429	+	chapter 40 of the Kansas Statutes Annotated or rules and regulations
	430	+	established by the commissioner shall require approval by the
	431	+	commissioner before its use by the insurer in this state. As soon as
	432	+	reasonably possible after such filing has been made, the commissioner
	433	+	shall in writing approve or disapprove the same, except that any filing
	434	+	shall be deemed approved unless disapproved within 30 days of receipt of
	435	+	the filing.
	436	+	(d) Any other rate filing, except personal lines filings, shall become
	437	+	effective on filing or any prospective date selected by the insurer, subject
	438	+	to the commissioner disapproving the same if the rates are determined to
	439	+	be inadequate, excessive, unfairly discriminatory or otherwise fails to meet
	440	+	the requirements of this act. Personal lines rate filings shall be on file for a
	441	+	waiting period of 30 days before becoming effective, subject to the
	442	+	commissioner disapproving the same if the rates are determined to be
	443	+	inadequate, excessive, unfairly discriminatory or otherwise fail to meet
	444	+	requirements of this act. The term "personal lines" shall mean insurance
	445	+	for noncommercial automobile, homeowners, dwelling fire-and-renters
	446	+	insurance policies, as defined by the commissioner by rules and
	447	+	regulations. A filing complies with this act unless it is disapproved by the
	448	+	commissioner within the waiting period or pursuant to subsection (f).
	449	+	(e) In reviewing any rate filing the commissioner may require the
	450	+	insurer or rating organization to provide, at the insurer's or rating
	451	+	organization's expense, all information necessary to evaluate the
	452	+	reasonableness of the filing, to include payment of the cost of an actuary
	453	+	selected by the commissioner to review any rate filing, if the department of
	454	+	insurance does not have a staff actuary in its employ.
	455	+	(f) (1) (A) If a filing is not accompanied by the information required
	456	+	by this act, the commissioner shall promptly inform the company or
	457	+	organization making the filing. The filing shall be deemed to be complete
	458	+	when the required information is received by the commissioner or the
	459	+	company or organization certifies to the commissioner the information
	460	+	requested is not maintained by the company or organization and cannot be
	461	+	obtained.
	462	+	(B) If the commissioner finds a filing does not meet the requirements
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	506	+	of this act, the commissioner shall send to the insurer or rating
	507	+	organization that made the filing, written notice of disapproval of the
	508	+	filing, specifying in what respects the filing fails to comply and stating the
	509	+	filing shall not become effective.
	510	+	(C) If at any time after a filing becomes effective, the commissioner
	511	+	finds a filing does not comply with this act, the commissioner shall after a
	512	+	hearing held on not less than 10 days' written notice to every insurer and
	513	+	rating organization that made the filing issue an order specifying in what
	514	+	respects the filing failed to comply with the act, and stating when, within a
	515	+	reasonable period thereafter, the filing shall be no longer effective. Copies
	516	+	of the order shall be sent to such insurer or rating organization. The order
	517	+	shall not affect any contract or policy made or issued prior to the
	518	+	expiration of the period set forth in the order.
	519	+	(2) (A) In the event an insurer or organization has no legally effective
	520	+	rate because of an order disapproving rates, the commissioner shall specify
	521	+	an interim rate at the time the order is issued. The interim rate may be
	522	+	modified by the commissioner on the commissioner's own motion or upon
	523	+	motion of an insurer or organization.
	524	+	(B) The interim rate or any modification thereof shall take effect
	525	+	prospectively in contracts of insurance written or renewed 15 days after
	526	+	the commissioner's decision setting interim rates.
	527	+	(C) When the rates are finally determined, the commissioner shall
	528	+	order any overcharge in the interim rates to be distributed appropriately,
	529	+	except refunds to policyholders the commissioner determines are de
	530	+	minimis may not be required.
	531	+	(3) (A) Any person or organization aggrieved with respect to any
	532	+	filing that is in effect may make written application to the commissioner
	533	+	for a hearing thereon, except that the insurer or rating organization that
	534	+	made the filing may not proceed under this subsection. The application
	535	+	shall specify the grounds to be relied on by the applicant.
	536	+	(B) If the commissioner finds the application is made in good faith,
	537	+	that the applicant would be so aggrieved if the applicant's grounds are
	538	+	established, and that such grounds otherwise justify holding such a
	539	+	hearing, the commissioner shall, within 30 days after receipt of the
	540	+	application, hold a hearing on not less than 10 days' written notice to the
	541	+	applicant and every insurer and rating organization that made such filing.
	542	+	(C) Every rating organization receiving a notice of hearing or copy of
	543	+	an order under this section, shall promptly notify all its members or
	544	+	subscribers affected by the hearing or order. Notice to a rating organization
	545	+	of a hearing or order shall be deemed notice to its members or subscribers.
	546	+	(g) No insurer shall make or issue a contract or policy except in
	547	+	accordance with filings which have been filed or approved for such insurer
	548	+	as provided in this act.
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	592	+	(1) On an application for personal motor vehicle insurance where the
	593	+	applicant has applied for collision or comprehensive coverage, the
	594	+	applicant shall be allowed to identify a lienholder listed on the certificate
	595	+	of title for the motor vehicle described in the application.
	596	+	(2) On an application for property insurance on real property, the
	597	+	applicant shall be allowed to identify a mortgagee listed on a mortgage for
	598	+	the real property described in the application.
	599	+	(h) The commissioner may adopt rules and regulations to allow
	600	+	suspension or modification of the requirement of filing and approval of
	601	+	rates as to any kind of insurance, subdivision or combination thereof, or as
	602	+	to classes of risks, the rates for which cannot practicably be filed before
	603	+	they are used.
	604	+	(i) Except for workers compensation and employer's liability line, the
	605	+	following categories of commercial lines risks are considered special risks
	606	+	which are exempt from the filing requirements in this section: (1) Risks
	607	+	that are written on an excess or umbrella basis; (2) commercial risks, or
	608	+	portions thereof, that are not rated according to manuals, rating plans, or
	609	+	schedules including "a" rates; (3) large risks; and (4) special risks
	610	+	designated by the commissioner, including but not limited to risks insured
	611	+	under highly protected risks rating plans, commercial aviation, credit
	612	+	insurance, boiler and machinery, inland marine, fidelity, surety and
	613	+	guarantee bond insurance risks.
	614	+	(j) For the purposes of this subsection, "large risk" means: (1) An
	615	+	insured that has total insured property values of $5,000,000 or more; (2) an
	616	+	insured that has total annual gross revenues of $10,000,000 or more; or (3)
	617	+	an insured that has in the preceding calendar year a total paid premium of
	618	+	$50,000 or more for property insurance, $50,000 or more for general
	619	+	liability insurance, or $100,000 or more for multiple lines policies.
	620	+	(k) The exemption for any large risk contained in subsection (h) (i)
	621	+	shall not apply to workers compensation and employer's liability
	622	+	insurance, insurance purchasing groups, and the basic coverage required
	623	+	by K.S.A. 40-3401 et seq., and amendments thereto.
	624	+	(l) Underwriting files, premium, loss and expense statistics, financial
	625	+	and other records pertaining to special risks written by any insurer shall be
	626	+	maintained by the insurer and shall be subject to examination by the
	627	+	commissioner.
	628	+	(m) (1) Any entity that purchases a workers compensation policy for
	629	+	the covered employees of more than one employer pursuant to a shared
	630	+	employment relationship with each employer must purchase the workers
	631	+	compensation policy on a separate multiple coordinate policy basis. Such
	632	+	workers compensation policies must be issued pursuant to K.S.A. 44-501
	633	+	et seq., and amendments thereto, from an insurer holding a certificate of
	634	+	authority to do business in this state and providing workers compensation
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	678	+	coverage.
	679	+	(2) The commissioner of insurance may allow an insurer to issue
	680	+	coverage through a master policy if the commissioner is satisfied that the
	681	+	insurer is able to track and report individual client experience to the
	682	+	advisory organization in an acceptable fashion. All such master policies
	683	+	must be filed with the commissioner for prior approval.
	684	+	(3) The commissioner of insurance shall be authorized to adopt such
	685	+	rules and regulations as are reasonable and necessary to carry out the
	686	+	purpose and the provisions of this subsection.
	687	+	Sec. 5. K.S.A. 40-201, 40-216, 40-241 and 40-955 are hereby
	688	+	repealed.
	689	+	Sec. 6. This act shall take effect and be in force from and after its
550	690		publication in the statute book.
551		-	I hereby certify that the above BILL originated in the
552		-	HOUSE, and was adopted by that body
553		-
554		-	HOUSE adopted
555		-	Conference Committee Report
556		-
557		-	Speaker of the House.
558		-
559		-	Chief Clerk of the House.
560		-	Passed the SENATE
561		-	as amended
562		-	SENATE adopted
563		-	Conference Committee Report
564		-
565		-	President of the Senate.
566		-
567		-	Secretary of the Senate.
568		-	APPROVED
569		-
570		-
571		-	Governor.
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