Session of 2023
HOUSE BILL No. 2395
By Committee on Judiciary
2-10
AN ACT concerning the open records act; relating to public records;
continuing in existence certain exceptions to the disclosure thereof;
amending K.S.A. 9-512, 40-4308, 40-4350, 45-229, 65-177, 65-28b08,
74-5611a, 75-7240 and 75-7242 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 9-512 is hereby amended to read as follows: 9-512.
(a) The commissioner, after notice and an opportunity for hearing, may
issue an order to address any violation of this act or rules and regulations
adopted pursuant thereto:
(1) Assessing a fine against any person who violates this act, or rules
and regulations adopted pursuant thereto, in an amount not to exceed
$5,000 per violation;
(2) assessing the agency's operating costs and expenses for
investigating and enforcing this act;
(3) requiring the person to pay restitution for any loss arising from
the violation or requiring the person to disgorge any profits arising from
the violation;
(4) barring the person from future application for licensure pursuant
to the act; and
(5) requiring such affirmative action as in the judgment of the
commissioner which that will carry out the purposes of this act.
(b) The commissioner may enter into a consent order at any time with
a person to resolve a matter arising under this act, rules and regulations
adopted pursuant thereto, or an order issued pursuant to this act.
(c) The commissioner may enter into an informal agreement at any
time with a person to resolve a matter arising under this act, rules and
regulations adopted pursuant thereto, or an order issued pursuant to this
act. The adoption of an informal agreement authorized by this subsection
shall not be subject to the provisions of K.S.A. 77-501 et seq., and
amendments thereto, or K.S.A. 77-601 et seq., and amendments thereto.
Any informal agreement authorized by this subsection shall not be
considered an order or other agency action, and shall be considered
confidential examination material pursuant to K.S.A. 9-513c, and
amendments thereto. All such examination material shall also be
confidential by law and privileged, shall not be subject to the open records
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act, K.S.A. 45-215 et seq., and amendments thereto, shall not be subject to
subpoena and shall not be subject to discovery or admissible in evidence in
any private civil action. The provisions of this subsection shall expire on
July 1, 2023, unless the legislature reviews and reenacts this provision
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2023.
(d) Any person who knowingly violates any provision of this act shall
be guilty of a severity level 9, nonperson felony. Each transaction in
violation of this act and each day that a violation continues shall be a
separate offense. Whenever a corporation violates any provision of this
act, such violation shall be attributed to individual directors, officers and
agents who have authorized, ordered or performed any of the acts
constituting such violation.
(e) A corporation and its directors, officers and agents may each be
prosecuted separately for violations of this act, and the acquittal or
conviction of one such director, officer or agent shall not abate the
prosecution of the others.
(f) Whenever it appears that a person has violated, or is likely to
violate, this act, rules and regulations adopted thereunder, or an order
issued pursuant to this act, then the commissioner may bring an action for
injunctive relief to enjoin the violation or enforce compliance, regardless
of whether or not criminal proceedings have been instituted. Any person
who engages in activities that are regulated and require a license under this
act shall be considered to have consented to the jurisdiction of the courts
of this state for all actions arising under this act.
Sec. 2. K.S.A. 40-4308 is hereby amended to read as follows: 40-
4308. (a) Whenever the commissioner deems it necessary, but at least once
every three years, the commissioner may make, or direct to be made, a
financial examination of any captive insurance company in the process of
organization, or applying for admission or doing business in Kansas. The
commissioner may engage in continuous analysis for the preparation of the
examination. In addition, at the commissioner's discretion, the
commissioner may make, or direct to be made, a market regulation
examination of any insurance company doing business in Kansas.
(b) In scheduling and determining the nature, scope and frequency of
examinations of financial condition, the commissioner shall consider such
matters as the results of financial statement analyses and ratios, changes in
management or ownership, actuarial opinions, reports of independent
certified public accountants and other criteria as set forth in the examiner's
handbook adopted by the national association of insurance commissioners
in effect when the commissioner exercises discretion under this subsection.
(c) The commissioner shall have free access to the books and papers
of any such company that relate to its business and to the books and papers
kept by any of its agents and may examine under oath, which the
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commissioner shall be empowered to administer, the directors, officers,
agents or employees of any such company in relation to its affairs,
transactions and condition.
(d) For the purpose of such analysis, the commissioner may require
reports and other documents be filed with the commissioner.
(e) The commissioner may also examine or investigate any person, or
the business of any person, insofar as such examination or investigation is,
in the sole discretion of the commissioner, necessary or material to the
examination of the company, but such examination or investigation shall
not infringe upon or extend to any communications or information
accorded privileged or confidential status under any other laws of this
state.
(f) Upon determining that an examination should be conducted, the
commissioner or the commissioner's designee shall appoint one or more
examiners to perform the examination and instruct them such examiners as
to the scope of the examination. The commissioner may also employ such
other guidelines or procedures as the commissioner may deem appropriate.
(g) When making an examination under this act, the commissioner
may retain attorneys, appraisers, independent actuaries, independent
certified public accountants or other professionals and specialists as
examiners, the reasonable cost of which shall be borne paid by the
company that is the subject of the examination.
(h) (1) NoNot later than 30 days following completion of the
examination or at such earlier time as the commissioner shall prescribe,
the examiner in charge shall file with the deparment a verified written
report of examination under oath. No Not later than 30 days following
receipt of the verified report, the department shall transmit the report to the
company examined, together with a notice that shall afford such company
examined a reasonable opportunity of not more than 30 days to make a
written submission or rebuttal with respect to any matters contained in the
examination report.
(2) Within 30 days of the end of the period allowed for the receipt of
written submissions or rebuttals, the commissioner shall fully consider and
review the report, together with any written submissions or rebuttals and
any relevant portions of the examiners' workpapers, and enter an order:
(A) Adopting the examination report as filed or with modification or
corrections. If the examination report reveals that the company is operating
in violation of any law, rule and regulation or prior order of the
commissioner, the commissioner may order the company to take any
action the commissioner considers necessary and appropriate to cure such
violations;
(B) rejecting the examination report with directions to the examiners
to reopen the examination for purposes of obtaining additional data,
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documentation or information; or
(C) call for and conduct a fact-finding hearing in accordance with
K.S.A. 40-281, and amendments thereto, for purposes of obtaining
additional documentation, data, information and testimony.
(3) All orders entered as a result of revelations contained in the final
examination report shall be accompanied by findings and conclusions
resulting from the commissioner's consideration and review of the
examination report, relevant examiner work papers and any written
submissions or rebuttals. Within 30 days of the issuance of the adopted
report, the company shall file affidavits executed by each of its directors
stating under oath that they have received a copy of the adopted report and
related orders.
(4) Upon the adoption of the examination report of an association
captive insurance company, the commissioner shall hold the content of the
examination report as private and confidential as to the pure captive
insurance company. Nothing contained in this act shall be construed to
limit the commissioner's authority to use and, if appropriate, to make
public any final or preliminary examination report in the furtherance of
any legal or regulatory action that the commissioner may, in the
commissioner's discretion, deem appropriate.
(i) Nothing contained in this act shall be construed to limit the
commissioner's authority to terminate or suspend any examination in order
to pursue other legal or regulatory action pursuant to the insurance laws of
this state.
(j) All examination reports, preliminary examination reports or
results, working papers, recorded information, documents and copies
thereof produced by, obtained by, or disclosed to the commissioner or any
other person in the course of an examination made under this section are
confidential and are not subject to subpoena and may not be made public
by the commissioner or an employee or agent of the commissioner without
the written consent of the company, except to the extent provided in this
subsection. Nothing in this subsection shall prevent the commissioner
from using such information in furtherance of the commissioner's
regulatory authority under this act. The commissioner may grant access to
such information to public officers having jurisdiction over the regulation
of insurance in any other state or country, or to law enforcement officers of
Kansas or any other state or agency of the federal government at any time.
Access may also be granted to the national association of insurance
commissioners and its affiliates, and the international association of
insurance supervisors and its affiliates. Persons receiving such information
must agree in writing prior to receiving the information to provide to it the
same confidential treatment as required by this section, unless the prior
written consent of the company to which it pertains has been obtained.
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(k) The commissioner may receive documents, materials or
information, including otherwise confidential and privileged documents,
materials or information, from the national association of insurance
commissioners, and its affiliates and subsidiaries, and from regulatory and
law enforcement officials of other foreign or domestic jurisdictions, and
shall maintain as confidential or privileged any document, material or
information received with notice or the understanding that it is confidential
or privileged under the laws of the jurisdiction that is the source of the
document, material or information. Documents received pursuant to this
section shall not be subject to disclosure pursuant to the open records act,
K.S.A. 45-215 et seq., and amendments thereto. The provisions of this
subsection shall expire on July 1, 2023, unless the legislature reviews and
reenacts this provision pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2023.
Sec. 3. K.S.A. 40-4350 is hereby amended to read as follows: 40-
4350. (a) Documents, materials or other information obtained by or
disclosed to the commissioner pursuant to K.S.A. 40-4332 through 40-
4352, and amendments thereto, shall:
(1) Be confidential and privileged, except as provided in K.S.A. 40-
4347, and amendments thereto; and
(2) not be subject to disclosure under the Kansas open records act,
K.S.A. 45-215 et seq., and amendments thereto. The provisions of this
subsection shall expire on July 1, 2023, unless the legislature reviews and
reenacts this provision pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2023.
(b) The commissioner shall not otherwise make the documents,
materials or other information public without the prior written consent of
the insurer to which it pertains unless the commissioner, after giving the
insurer and its affiliates that would be affected thereby notice and
opportunity to be heard in accordance with the provisions of the Kansas
administrative procedure act, determines that the interests of
policyholders, shareholders or the public would be served by the
publication thereof, in which event, the commissioner may publish all or
any part thereof in such a manner as the commissioner may deem
appropriate. In making such determination, the commissioner of insurance
also shall take into consideration any potential adverse consequences of
the disclosure thereof.
(c) Neither the commissioner of insurance nor any person who
received documents, materials or other information while acting under the
authority of the commissioner of insurance or with whom such documents,
materials or other information are shared pursuant to this section shall be
permitted or required to testify in any private civil action concerning any
confidential documents, materials or information subject to subsection (a).
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(d) In order to assist in the performance of the commissioner's duties,
the commissioner of insurance may:
(1) Share documents, materials or other information, including the
confidential and privileged documents, materials or information subject to
subsection (a), with federal and international regulatory agencies, and the
NAIC and its affiliates, provided that if the recipient agrees in writing to
maintain the confidentiality and privileged status of the document,
material or other information, and has verified in writing the legal
authority to maintain confidentiality;
(2) receive documents, materials or information, including otherwise
confidential and privileged documents, materials or information from the
national association of insurance commissioners, and its affiliates and
subsidiaries, and from regulatory and law enforcement officials of other
foreign or domestic jurisdictions, and shall maintain as confidential or
privileged any document, material or information received with notice or
the understanding that it is confidential or privileged under the laws of the
jurisdiction that is the source of the document, material or information.
Documents received pursuant to this section shall not be subject to
disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2023, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2023; and
(3) Sharing agreements provided for in subsection (d) shall:
(A) Specify procedures and protocols regarding the confidentiality
and security of information shared with the national association of
insurance commissioners and its affiliates and subsidiaries pursuant to this
act, including procedures and protocols for sharing by the national
association of insurance commissioners with other state, federal or
international regulators;
(B) specify that ownership of information shared with the NAIC and
its affiliates and subsidiaries pursuant to this act remains with the
commissioner, and the NAIC's use of the information is subject to the
direction of the commissioner;
(C) require prompt notice to be given to an insurer and its affiliates
whose confidential information in the possession of the NAIC, pursuant to
this act, that such information is subject to a request or subpoena to the
NAIC for disclosure or production; and
(D) require the NAIC and its affiliates and subsidiaries to consent to
intervention by an insurer in any judicial or administrative action in which
the NAIC and its affiliates and subsidiaries may be required to disclose
confidential information about the insurer and its affiliates shared with the
NAIC and its affiliates and subsidiaries pursuant to this act. Documents,
materials or other information in the possession or control of the national
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association of insurance commissioners shall be confidential by law and
privileged, shall not be subject to the open records act, K.S.A. 45-215 et
seq., and amendments thereto, shall not be subject to subpoena, and shall
not be subject to discovery or admissible in evidence in any private civil
action. The provisions of this paragraph shall expire on July 1, 2023,
unless the legislature reviews and reenacts this provision pursuant to
K.S.A. 45-229, and amendments thereto, prior to July 1, 2023.
(e) The sharing of information by the commissioner of insurance,
pursuant to this act, shall not constitute a delegation of regulatory authority
or rulemaking authority, and the commissioner of insurance is solely
responsible for the administration, execution and enforcement of the
provisions of this act.
(f) No waiver of any applicable privilege or claim of confidentiality
in the documents, materials or information shall occur as a result of
disclosure to the commissioner of insurance under this act or as a result of
sharing as authorized in subsection (d).
Sec. 4. K.S.A. 45-229 is hereby amended to read as follows: 45-229.
(a) It is the intent of the legislature that exceptions to disclosure under the
open records act shall be created or maintained only if:
(1) The public record is of a sensitive or personal nature concerning
individuals;
(2) the public record is necessary for the effective and efficient
administration of a governmental program; or
(3) the public record affects confidential information.
The maintenance or creation of an exception to disclosure must be
compelled as measured by these criteria. Further, the legislature finds that
the public has a right to have access to public records unless the criteria in
this section for restricting such access to a public record are met and the
criteria are considered during legislative review in connection with the
particular exception to disclosure to be significant enough to override the
strong public policy of open government. To strengthen the policy of open
government, the legislature shall consider the criteria in this section before
enacting an exception to disclosure.
(b) Subject to the provisions of subsections (g) and (h), any new
exception to disclosure or substantial amendment of an existing exception
shall expire on July 1 of the fifth year after enactment of the new
exception or substantial amendment, unless the legislature acts to continue
the exception. A law that enacts a new exception or substantially amends
an existing exception shall state that the exception expires at the end of
five years and that the exception shall be reviewed by the legislature
before the scheduled date.
(c) For purposes of this section, an exception is substantially
amended if the amendment expands the scope of the exception to include
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more records or information. An exception is not substantially amended if
the amendment narrows the scope of the exception.
(d) This section is not intended to repeal an exception that has been
amended following legislative review before the scheduled repeal of the
exception if the exception is not substantially amended as a result of the
review.
(e) In the year before the expiration of an exception, the revisor of
statutes shall certify to the president of the senate and the speaker of the
house of representatives, by July 15, the language and statutory citation of
each exception that will expire in the following year that meets the criteria
of an exception as defined in this section. Any exception that is not
identified and certified to the president of the senate and the speaker of the
house of representatives is not subject to legislative review and shall not
expire. If the revisor of statutes fails to certify an exception that the revisor
subsequently determines should have been certified, the revisor shall
include the exception in the following year's certification after that
determination.
(f) "Exception" means any provision of law that creates an exception
to disclosure or limits disclosure under the open records act pursuant to
K.S.A. 45-221, and amendments thereto, or pursuant to any other
provision of law.
(g) A provision of law that creates or amends an exception to
disclosure under the open records law shall not be subject to review and
expiration under this act if such provision:
(1) Is required by federal law;
(2) applies solely to the legislature or to the state court system;
(3) has been reviewed and continued in existence twice by the
legislature; or
(4) has been reviewed and continued in existence by the legislature
during the 2013 legislative session and thereafter.
(h) (1) The legislature shall review the exception before its scheduled
expiration and consider as part of the review process the following:
(A) What specific records are affected by the exception;
(B) whom does the exception uniquely affect, as opposed to the
general public;
(C) what is the identifiable public purpose or goal of the exception;
(D) whether the information contained in the records may be obtained
readily by alternative means and how it may be obtained;
(2) an exception may be created or maintained only if it serves an
identifiable public purpose and may be no broader than is necessary to
meet the public purpose it serves. An identifiable public purpose is served
if the legislature finds that the purpose is sufficiently compelling to
override the strong public policy of open government and cannot be
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accomplished without the exception and if the exception:
(A) Allows the effective and efficient administration of a
governmental program that would be significantly impaired without the
exception;
(B) protects information of a sensitive personal nature concerning
individuals, the release of such information would be defamatory to such
individuals or cause unwarranted damage to the good name or reputation
of such individuals or would jeopardize the safety of such individuals.
Only information that would identify the individuals may be excepted
under this paragraph; or
(C) protects information of a confidential nature concerning entities,
including, but not limited to, a formula, pattern, device, combination of
devices, or compilation of information that is used to protect or further a
business advantage over those who do not know or use it, if the disclosure
of such information would injure the affected entity in the marketplace.
(3) Records made before the date of the expiration of an exception
shall be subject to disclosure as otherwise provided by law. In deciding
whether the records shall be made public, the legislature shall consider
whether the damage or loss to persons or entities uniquely affected by the
exception of the type specified in paragraph (2)(B) or (2)(C) would occur
if the records were made public.
(i) (1) Exceptions contained in the following statutes as continued in
existence in section 2 of chapter 126 of the 2005 Session Laws of Kansas
and that have been reviewed and continued in existence twice by the
legislature as provided in subsection (g) are hereby continued in existence:
1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-189, 12-1,108,
12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-304, 17-1312e, 17-
2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-2511, 22-3711, 22-4707,
22-4909, 22a-243, 22a-244, 23-605, 23-9,312, 25-4161, 25-4165, 31-405,
34-251, 38-2212, 39-709b, 39-719e, 39-934, 39-1434, 39-1704, 40-222,
40-2,156, 40-2c20, 40-2c21, 40-2d20, 40-2d21, 40-409, 40-956, 40-1128,
40-2807, 40-3012, 40-3304, 40-3308, 40-3403b, 40-3421, 40-3613, 40-
3805, 40-4205, 44-510j, 44-550b, 44-594, 44-635, 44-714, 44-817, 44-
1005, 44-1019, 45-221(a)(1) through (43), 46-256, 46-259, 46-2201, 47-
839, 47-844, 47-849, 47-1709, 48-1614, 49-406, 49-427, 55-1,102, 58-
4114, 59-2135, 59-2802, 59-2979, 59-29b79, 60-3333, 60-3336, 65-102b,
65-118, 65-119, 65-153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116,
65-1,157a, 65-1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172,
65-436, 65-445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-
1627, 65-1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-
3015, 65-3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-
5602, 65-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803,
65-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
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2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-2424,
74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-7308, 74-
7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104, 75-712, 75-
7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-5266, 75-5665,
75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11, 76-12c03, 76-3305,
79-1119, 79-1437f, 79-3234, 79-3395, 79-3420, 79-3499, 79-34,113, 79-
3614, 79-3657, 79-4301 and 79-5206.
(2) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2015 legislative session and continued in existence by
the legislature as provided in subsection (g) are hereby continued in
existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49), 48-16a10, 58-
4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
(j) (1) Exceptions contained in the following statutes as continued in
existence in section 1 of chapter 87 of the 2006 Session Laws of Kansas
and that have been reviewed and continued in existence twice by the
legislature as provided in subsection (g) are hereby continued in existence:
1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016, 65-6017 and
74-7508.
(2) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) during 2015 and that
have been reviewed during the 2016 legislative session are hereby
continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311, 38-
2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-4a05,
65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-7c06.
(k) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2014 legislative session and continued in existence by
the legislature as provided in subsection (g) are hereby continued in
existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-1325, 12-
17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-5108, 41-
2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46), (47) and (48),
50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-8134, 74-99b06,
77-503a and 82a-2210.
(l) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) during 2016 and that
have been reviewed during the 2017 legislative session are hereby
continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752, 74-
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8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
(m) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) during 2012 and that
have been reviewed during the 2013 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 12-5811, 40-222, 40-223j, 40-5007a, 40-5009a,
40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805, 72-8268, 75-
712 and 75-5366.
(n) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2018 legislative session are hereby continued in
existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-6832,
65-6834, 75-7c06 and 75-7c20.
(o) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2019 legislative session are hereby continued in
existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-2502(d)
and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g) regarding 46-
1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-28a05(n), article 6(d) of
65-6230, 72-6314(a) and 74-7047(b).
(p) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2020 legislative session are hereby continued in
existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-1129,
59-29a22(b)(10) and 65-6747.
(q) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2021 legislative session are hereby continued in
existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)(B)
and 65-6111(d)(4).
(r) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2023 legislative session are hereby continued in
existence: 2-3902 and 66-2020.
Sec. 5. K.S.A. 65-177 is hereby amended to read as follows: 65-177.
(a) (1) "Data," as used in K.S.A. 65-177 through 65-179, and amendments
thereto, includes all facts, information, records of interviews, written
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reports, statements, notes or memoranda secured in connection with an
authorized medical research study.
(2) "Maternal death" means the death of any woman from any cause
while pregnant or within one calendar year of the end of any pregnancy,
regardless of the duration of the pregnancy or the site of the end of the
pregnancy.
(b) (1) The secretary of health and environment shall have access to
all law enforcement investigative information regarding a maternal death
in Kansas, any autopsy records and coroner's investigative records relating
to the death, any medical records of the mother and any records of the
Kansas department for children and families or any other state social
service agency that has provided services to the mother.
(2) (A) The secretary may apply to the district court for the issuance
of, and the district court may issue, a subpoena to compel the production
of any books, records or papers relevant to the cause of any maternal death
being investigated by the secretary. Any books, records or papers received
by the secretary pursuant to the subpoena shall be confidential and
privileged information and not subject to disclosure.
(B) The provisions of this paragraph providing for confidentiality of
records shall expire on July 1, 2023, unless the legislature acts to reenact
such provisions. The legislature shall review the provisions of this
paragraph pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2023.
(c) The secretary of health and environment shall:
(1) Identify maternal death cases;
(2) review medical records and other relevant data;
(3) contact family members and other affected or involved persons to
collect additional relevant data;
(4) consult with relevant experts to evaluate the records and data
collected;
(5) make determinations regarding the preventability of maternal
deaths;
(6) develop recommendations and actionable strategies to prevent
maternal deaths; and
(7) disseminate findings and recommendations to the legislature,
healthcare providers, healthcare facilities and the general public.
(d) (1) Healthcare providers licensed pursuant to chapters 65 and 74
of the Kansas Statutes Annotated, and amendments thereto, medical care
facilities licensed pursuant to article 4 of chapter 65 of the Kansas Statues
Annotated, and amendments thereto, maternity centers licensed pursuant
to article 5 of chapter 65 of the Kansas Statutes Annotated, and
amendments thereto, and pharmacies licensed pursuant to article 16 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
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shall provide reasonable access to all relevant medical records associated
with a maternal death case under review by the secretary.
(2) A healthcare provider, medical care facility, maternity center or
pharmacy providing access to medical records pursuant to this section
shall not be held liable for civil damages or be subject to criminal or
disciplinary administrative action for good faith efforts to provide such
records.
(e) (1) Information, records, reports, statements, notes, memoranda or
other data collected pursuant to this section shall be privileged and
confidential and shall not be admissible as evidence in any action of any
kind in any court or before another tribunal, board, agency or person. Such
information, records, reports, statements, notes, memoranda or other data
shall not be exhibited nor their contents disclosed in any way, in whole or
in part, by any officer or representative of the department of health and
environment or any other person, except as may be necessary for the
purpose of furthering the investigation of the case to which they relate. No
person participating in such investigation shall disclose, in any manner, the
information so obtained.
(2) The provisions of this subsection providing for confidentiality of
records shall expire on July 1, 2023, unless the legislature acts to reenact
such provisions. The legislature shall review the provisions of this
subsection pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2023.
(f) (1) All proceedings and activities of the secretary or
representatives of the secretary under this section, opinions of the secretary
or representatives of the secretary formed as a result of such proceedings
and activities and records obtained, created or maintained pursuant to this
section, including records of interviews, written reports and statements
procured by the secretary or any other person, agency or organization
acting jointly or under contract with the department of health and
environment in connection with the requirements of this section, shall be
confidential and not subject to the provisions of the open records act or the
open meetings act or subject to subpoena, discovery or introduction into
evidence in any civil or criminal proceeding. Nothing in this section shall
be construed to limit or otherwise restrict the right to discover or use in
any civil or criminal proceeding any document or record that is available
and entirely independent of proceedings and activities of the secretary or
representatives of the secretary under this section.
(2) The secretary or representatives of the secretary shall not be
questioned in any civil or criminal proceeding regarding the information
presented in or opinions formed as a result of an investigation. Nothing in
this section shall be construed to prevent the secretary or representatives of
the secretary from testifying to information obtained independently of this
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section or that is public information.
(3) The provisions of this subsection providing for confidentiality of
records shall expire on July 1, 2023, unless the legislature acts to reenact
such provisions. The legislature shall review the provisions of this
subsection pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2023.
(g) Reports of aggregate non-individually identifiable data shall be
compiled on a routine basis for distribution in an effort to further study the
causes and problems associated with maternal deaths. Reports shall be
distributed to healthcare providers and medical care facilities and other
persons necessary to reduce the maternal death rate.
(h) The secretary of health and environment shall receive data
secured in connection with medical research studies conducted for the
purpose of reducing morbidity or mortality from maternal, perinatal and
anesthetic causes. Such studies may be conducted by the secretary of
health and environment and staff or with other qualified persons, agencies
or organizations. If such studies are conducted with any funding not
provided by the state of Kansas, then the source of such funding shall be
clearly identified in such study. Where authorization to conduct such a
study is granted by the secretary of health and environment, all data
voluntarily made available to the secretary of health and environment in
connection with such study shall be treated as confidential and shall be
used solely for purposes of medical research. Research files and opinions
expressed upon the evidence found in such research shall not be
admissible as evidence in any action in any court or before any other
tribunal, except that statistics or tables resulting from such data shall be
admissible and may be received as evidence. This section shall not affect
the right of any patient or such patient's guardians, representatives or heirs
to require hospitals, physicians, sanatoriums, rest homes, nursing homes or
other persons or agencies to furnish such patient's hospital record to such
patient's representatives upon written authorization, or the admissibility in
evidence thereof.
(i) No employee of the secretary of health and environment shall
interview any patient named in any such report, nor any relative of any
such patient, unless otherwise provided in K.S.A. 65-2422d, and
amendments thereto. Nothing in this section shall prohibit the publication
by the secretary of health and environment, or a duly authorized
cooperating person, agency or organization, of final reports or statistical
compilations derived from morbidity or mortality studies, which if such
reports or compilations do not identify individuals, associations,
corporations or institutions which that were the subjects of such studies, or
reveal sources of information.
Sec. 6. K.S.A. 65-28b08 is hereby amended to read as follows: 65-
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28b08. (a) The board may deny, revoke, limit or suspend any license or
authorization issued to a certified nurse-midwife to engage in the
independent practice of midwifery that is issued by the board or applied
for under this act, or may publicly censure a licensee or holder of a
temporary permit or authorization, if the applicant or licensee is found
after a hearing:
(1) To be guilty of fraud or deceit while engaging in the independent
practice of midwifery or in procuring or attempting to procure a license to
engage in the independent practice of midwifery;
(2) to have been found guilty of a felony or to have been found guilty
of a misdemeanor involving an illegal drug offense unless the applicant or
licensee establishes sufficient rehabilitation to warrant the public trust,
except that notwithstanding K.S.A. 74-120, and amendments thereto, no
license or authorization to practice and engage in the independent practice
of midwifery shall be granted to a person with a felony conviction for a
crime against persons as specified in article 34 of chapter 21 of the Kansas
Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, or K.S.A. 2022 Supp.
21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
(3) to have committed an act of professional incompetence as defined
in subsection (c);
(4) to be unable to practice the healing arts with reasonable skill and
safety by reason of impairment due to physical or mental illness or
condition or use of alcohol, drugs or controlled substances. All
information, reports, findings and other records relating to impairment
shall be confidential and not subject to discovery or release to any person
or entity outside of a board proceeding. The provisions of this paragraph
providing confidentiality of records shall expire on July 1, 2022, unless the
legislature reviews and reenacts such provisions pursuant to K.S.A. 45-
229, and amendments thereto, prior to July 1, 2022;
(5) to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conservator,
or both, and who has not been restored to capacity under that act;
(6) to be guilty of unprofessional conduct as defined by rules and
regulations of the board;
(7) to have willfully or repeatedly violated the provisions of the
Kansas nurse practice act or any rules and regulations adopted pursuant to
that such act;
(8) to have a license to practice nursing as a registered nurse or as a
practical nurse denied, revoked, limited or suspended, or to have been
publicly or privately censured, by a licensing authority of another state,
agency of the United States government, territory of the United States or
country, or to have other disciplinary action taken against the applicant or
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licensee by a licensing authority of another state, agency of the United
States government, territory of the United States or country. A certified
copy of the record or order of public or private censure, denial, suspension,
limitation, revocation or other disciplinary action of the licensing authority
of another state, agency of the United States government, territory of the
United States or country shall constitute prima facie evidence of such a
fact for purposes of this paragraph; or
(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its
repeal, or K.S.A. 2022 Supp. 21-5407, and amendments thereto, as
established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty to a
felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2022
Supp. 21-5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 60-4404, and amendments
thereto; or
(C) a copy of the record of a judgment assessing damages under
K.S.A. 60-4405, and amendments thereto.
(b) No person shall be excused from testifying in any proceedings
before the board under this act or in any civil proceedings under this act
before a court of competent jurisdiction on the ground that such testimony
may incriminate the person testifying, but such testimony shall not be used
against the person for the prosecution of any crime under the laws of this
state, except the crime of perjury as defined in K.S.A. 2022 Supp. 21-
5903, and amendments thereto.
(c) As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the
applicable standard of care to a degree which constitutes gross negligence,
as determined by the board;
(2) repeated instances involving failure to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence, as
determined by the board; or
(3) a pattern of practice or other behavior which demonstrates a
manifest incapacity or incompetence to engage in the independent practice
of midwifery.
(d) The board, upon request, shall receive from the Kansas bureau of
investigation such criminal history record information relating to arrests
and criminal convictions, as necessary, for the purpose of determining
initial and continuing qualifications of licensees and applicants for
licensure by the board.
(e) The provisions of this section shall become effective on January 1,
2017.
Sec. 7. K.S.A. 74-5611a is hereby amended to read as follows: 74-
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5611a. (a) (1) The commission shall establish and maintain a central
registry of all Kansas police officers or law enforcement officers.
(2) The purpose of the registry is to be a resource for all agencies
who appoint or elect police or law enforcement officers to use when
reviewing employment applications of such officers. The registry shall
include all records received or created by the commission pursuant to this
section and all records related to violations of the Kansas law enforcement
training act, including, but not limited to, records of complaints received
or maintained by the commission.
(3) All records contained in the registry are confidential and shall not
be disclosed pursuant to the Kansas open records act, except such records
may be disclosed as provided in subsections (a)(4) and (a)(5) and the
Kansas administrative procedure act. The provisions of this paragraph
shall expire on July 1, 2023, unless the legislature reviews and reenacts
this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2023.
(4) Records contained in the registry, other than investigative files,
shall be disclosed:
(A) To an agency that certifies, appoints or elects police or law
enforcement officers;
(B) to the person who is the subject of the information, but the
commission may require disclosure in such a manner as to prevent
identification of any other person who is the subject or source of the
information;
(C) in any proceeding conducted by the commission in accordance
with the Kansas administrative procedure act, or in an appeal of an order
of the commission entered in a proceeding, or to a party in such
proceeding or that party's attorney;
(D) to a municipal, state or federal licensing, regulatory or
enforcement agency with jurisdiction over acts or conduct similar to acts
or conduct that would constitute grounds for action under this act; and
(E) to the director of police training when such disclosure is relevant
to the exercise of the authority granted in K.S.A. 74-5604a(b), and
amendments thereto.
(5) The following records may be disclosed to any person pursuant to
the Kansas open records act:
(A) A record containing only:
(i) A police or law enforcement officer's name;
(ii) the name of a police or law enforcement officer's current
employer;
(iii) the police or law enforcement officer's dates of employment with
the police or law enforcement officer's current employer;
(iv) the name of previous law enforcement employers and the dates of
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employment with each employer;
(v) a summary of the trainings completed by the police or law
enforcement officer as reported to the commission; and
(vi) the status of the police or law enforcement officer's certification
under this act; and
(B) statewide summary data without personally identifiable
information.
(6) The provisions of K.S.A. 45-221(a), and amendments thereto,
shall apply to any records disclosed pursuant to subsection (a)(4) or (a)(5).
(b) The director shall provide forms for registration and shall refuse
any registration not submitted on such form in full detail.
(c) Within 30 days of appointment, election or termination, every city,
county and state agency, every school district and every community
college shall submit the name of any person appointed or elected to or
terminated from the position of police officer or law enforcement officer
within its jurisdiction.
(d) Upon termination, the agency head shall include a report
explaining the circumstances under which the officer resigned or was
terminated. Such termination report shall be available to the terminated
officer and any law enforcement agency to which the terminated officer
later applies for a position as a police officer or law enforcement officer.
The terminated officer may submit a written statement in response to the
termination, and any such statement shall be included in the registry file
concerning such officer. The director shall adopt a format for the
termination report.
(e) The agency, agency head and any officer or employee of the
agency shall be absolutely immune from civil liability:
(1) For the report made in accordance with subsection (d); and
(2) when responding in writing to a written request concerning a
current or former officer from a prospective law enforcement agency of
that officer for the report made in accordance with subsection (d) and for
the disclosure of such report.
Sec. 8. K.S.A. 75-7240 is hereby amended to read as follows: 75-
7240. The executive branch agency heads shall:
(a) Be solely responsible for security of all data and information
technology resources under such agency's purview, irrespective of the
location of the data or resources. Locations of data may include: (1)
Agency sites; (2) agency real property; (3) infrastructure in state data
centers; (4) third-party locations; and (5) in transit between locations;
(b) ensure that an agency-wide information security program is in
place;
(c) designate an information security officer to administer the
agency's information security program that reports directly to executive
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leadership;
(d) participate in CISO-sponsored statewide cybersecurity program
initiatives and services;
(e) implement policies and standards to ensure that all the agency's
data and information technology resources are maintained in compliance
with applicable state and federal laws and rules and regulations;
(f) implement appropriate cost-effective safeguards to reduce,
eliminate or recover from identified threats to data and information
technology resources;
(g) include all appropriate cybersecurity requirements in the agency's
request for proposal specifications for procuring data and information
technology systems and services;
(h) (1) submit a cybersecurity assessment report to the CISO by
October 16 of each even-numbered year, including an executive summary
of the findings, that assesses the extent to which a computer, a computer
program, a computer network, a computer system, a printer, an interface to
a computer system, including mobile and peripheral devices, computer
software, or the data processing of the agency or of a contractor of the
agency is vulnerable to unauthorized access or harm, including the extent
to which the agency's or contractor's electronically stored information is
vulnerable to alteration, damage, erasure or inappropriate use;
(2) ensure that the agency conducts annual internal assessments of its
security program. Internal assessment results shall be considered
confidential and shall not be subject to discovery by or release to any
person or agency outside of the KISO or CISO. This provision regarding
confidentiality shall expire on July 1, 2023, unless the legislature reviews
and reenacts such provision pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2023; and
(3) prepare or have prepared a summary of the cybersecurity
assessment report required in paragraph (1), excluding information that
might put the data or information resources of the agency or its contractors
at risk and submit such report to the house of representatives committee on
government, technology and security or its successor committee and the
senate committee on ways and means;
(i) participate in annual agency leadership training to ensure
understanding of: (1) The information and information systems that
support the operations and assets of the agency; (2) the potential impact of
common types of cyberattacks and data breaches on the agency's
operations and assets; (3) how cyberattacks and data breaches on the
agency's operations and assets could impact the operations and assets of
other governmental entities on the state enterprise network; (4) how
cyberattacks and data breaches occur; (5) steps to be undertaken by the
executive director or agency head and agency employees to protect their
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information and information systems; and (6) the annual reporting
requirements required of the executive director or agency head; and
(j) ensure that if an agency owns, licenses or maintains computerized
data that includes personal information, confidential information or
information, the disclosure of which is regulated by law, such agency
shall, in the event of a breach or suspected breach of system security or an
unauthorized exposure of that information:
(1) Comply with the notification requirements set out in K.S.A. 2022
Supp. 50-7a01 et seq., and amendments thereto, and applicable federal
laws and rules and regulations, to the same extent as a person who
conducts business in this state; and
(2) not later than 48 hours after the discovery of the breach, suspected
breach or unauthorized exposure, notify: (A) The CISO; and (B) if the
breach, suspected breach or unauthorized exposure involves election data,
the secretary of state.
Sec. 9. K.S.A. 75-7242 is hereby amended to read as follows: 75-
7242. Information collected to effectuate this act shall be considered
confidential by the executive branch agency and KISO unless all data
elements or information that specifically identifies a target, vulnerability or
weakness that would place the organization at risk have been redacted,
including: (a) System information logs; (b) vulnerability reports; (c) risk
assessment reports; (d) system security plans; (e) detailed system design
plans; (f) network or system diagrams; and (g) audit reports. The
provisions of this section shall expire on July 1, 2023, unless the
legislature reviews and reenacts this provision pursuant to K.S.A. 45-229,
and amendments thereto, prior to July 1, 2023.
Sec. 10. K.S.A. 9-512, 40-4308, 40-4350, 45-229, 65-177, 65-28b08,
74-5611a, 75-7240 and 75-7242 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
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