HOUSE BILL No. 2395
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 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 HOUSE BILL No. 2395—page 2
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 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) No Not 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 HOUSE BILL No. 2395—page 3
additional data, 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.
(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. HOUSE BILL No. 2395—page 4
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).
(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 HOUSE BILL No. 2395—page 5
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 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 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 HOUSE BILL No. 2395—page 6
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
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- HOUSE BILL No. 2395—page 7
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-
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,
74-8772, 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. HOUSE BILL No. 2395—page 8
(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 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; HOUSE BILL No. 2395—page 9
(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, 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 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, HOUSE BILL No. 2395—page 10
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-
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 HOUSE BILL No. 2395—page 11
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 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- HOUSE BILL No. 2395—page 12
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 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 HOUSE BILL No. 2395—page 13
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
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 HOUSE BILL No. 2395—page 14
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 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.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.