KS
Kansas House Bill HB2395

Kansas 2023-2024 Regular Session

Kansas House Bill HB2395 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2395
2-AN ACT concerning the open records act; relating to public records; continuing in
3-existence certain exceptions to the disclosure thereof; amending K.S.A. 9-512, 40-
4-4308, 40-4350, 45-229, 65-177, 65-28b08, 74-5611a, 75-7240 and 75-7242 and
5-repealing the existing sections.
3+By Committee on Judiciary
4+2-10
5+AN ACT concerning the open records act; relating to public records;
6+continuing in existence certain exceptions to the disclosure thereof;
7+amending K.S.A. 9-512, 40-4308, 40-4350, 45-229, 65-177, 65-28b08,
8+74-5611a, 75-7240 and 75-7242 and repealing the existing sections.
69 Be it enacted by the Legislature of the State of Kansas:
7-Section 1. K.S.A. 9-512 is hereby amended to read as follows: 9-
8-512. (a) The commissioner, after notice and an opportunity for hearing,
9-may issue an order to address any violation of this act or rules and
10-regulations adopted pursuant thereto:
11-(1) Assessing a fine against any person who violates this act, or
12-rules and regulations adopted pursuant thereto, in an amount not to
13-exceed $5,000 per violation;
10+Section 1. K.S.A. 9-512 is hereby amended to read as follows: 9-512.
11+(a) The commissioner, after notice and an opportunity for hearing, may
12+issue an order to address any violation of this act or rules and regulations
13+adopted pursuant thereto:
14+(1) Assessing a fine against any person who violates this act, or rules
15+and regulations adopted pursuant thereto, in an amount not to exceed
16+$5,000 per violation;
1417 (2) assessing the agency's operating costs and expenses for
1518 investigating and enforcing this act;
1619 (3) requiring the person to pay restitution for any loss arising from
17-the violation or requiring the person to disgorge any profits arising
18-from the violation;
19-(4) barring the person from future application for licensure
20-pursuant to the act; and
20+the violation or requiring the person to disgorge any profits arising from
21+the violation;
22+(4) barring the person from future application for licensure pursuant
23+to the act; and
2124 (5) requiring such affirmative action as in the judgment of the
2225 commissioner which that will carry out the purposes of this act.
23-(b) The commissioner may enter into a consent order at any time
24-with a person to resolve a matter arising under this act, rules and
26+(b) The commissioner may enter into a consent order at any time with
27+a person to resolve a matter arising under this act, rules and regulations
28+adopted pursuant thereto, or an order issued pursuant to this act.
29+(c) The commissioner may enter into an informal agreement at any
30+time with a person to resolve a matter arising under this act, rules and
2531 regulations adopted pursuant thereto, or an order issued pursuant to this
26-act.
27-(c) The commissioner may enter into an informal agreement at
28-any time with a person to resolve a matter arising under this act, rules
29-and regulations adopted pursuant thereto, or an order issued pursuant to
30-this act. The adoption of an informal agreement authorized by this
31-subsection shall not be subject to the provisions of K.S.A. 77-501 et
32-seq., and amendments thereto, or K.S.A. 77-601 et seq., and
33-amendments thereto. Any informal agreement authorized by this
34-subsection shall not be considered an order or other agency action, and
35-shall be considered confidential examination material pursuant to
36-K.S.A. 9-513c, and amendments thereto. All such examination material
37-shall also be confidential by law and privileged, shall not be subject to
38-the open records act, K.S.A. 45-215 et seq., and amendments thereto,
39-shall not be subject to subpoena and shall not be subject to discovery or
40-admissible in evidence in any private civil action. The provisions of
41-this subsection shall expire on July 1, 2023, unless the legislature
42-reviews and reenacts this provision pursuant to K.S.A. 45-229, and
43-amendments thereto, prior to July 1, 2023.
44-(d) Any person who knowingly violates any provision of this act
45-shall be guilty of a severity level 9, nonperson felony. Each transaction
46-in violation of this act and each day that a violation continues shall be a
32+act. The adoption of an informal agreement authorized by this subsection
33+shall not be subject to the provisions of K.S.A. 77-501 et seq., and
34+amendments thereto, or K.S.A. 77-601 et seq., and amendments thereto.
35+Any informal agreement authorized by this subsection shall not be
36+considered an order or other agency action, and shall be considered
37+confidential examination material pursuant to K.S.A. 9-513c, and
38+amendments thereto. All such examination material shall also be
39+confidential by law and privileged, shall not be subject to the open records
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76+act, K.S.A. 45-215 et seq., and amendments thereto, shall not be subject to
77+subpoena and shall not be subject to discovery or admissible in evidence in
78+any private civil action. The provisions of this subsection shall expire on
79+July 1, 2023, unless the legislature reviews and reenacts this provision
80+pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2023.
81+(d) Any person who knowingly violates any provision of this act shall
82+be guilty of a severity level 9, nonperson felony. Each transaction in
83+violation of this act and each day that a violation continues shall be a
4784 separate offense. Whenever a corporation violates any provision of this
48-act, such violation shall be attributed to individual directors, officers
49-and agents who have authorized, ordered or performed any of the acts
85+act, such violation shall be attributed to individual directors, officers and
86+agents who have authorized, ordered or performed any of the acts
5087 constituting such violation.
51-(e) A corporation and its directors, officers and agents may each
52-be prosecuted separately for violations of this act, and the acquittal or
88+(e) A corporation and its directors, officers and agents may each be
89+prosecuted separately for violations of this act, and the acquittal or
5390 conviction of one such director, officer or agent shall not abate the
5491 prosecution of the others.
5592 (f) Whenever it appears that a person has violated, or is likely to
5693 violate, this act, rules and regulations adopted thereunder, or an order
57-issued pursuant to this act, then the commissioner may bring an action
58-for injunctive relief to enjoin the violation or enforce compliance,
59-regardless of whether or not criminal proceedings have been instituted.
60-Any person who engages in activities that are regulated and require a
61-license under this act shall be considered to have consented to the
62-jurisdiction of the courts of this state for all actions arising under this
63-act.
94+issued pursuant to this act, then the commissioner may bring an action for
95+injunctive relief to enjoin the violation or enforce compliance, regardless
96+of whether or not criminal proceedings have been instituted. Any person
97+who engages in activities that are regulated and require a license under this
98+act shall be considered to have consented to the jurisdiction of the courts
99+of this state for all actions arising under this act.
64100 Sec. 2. K.S.A. 40-4308 is hereby amended to read as follows: 40-
65-4308. (a) Whenever the commissioner deems it necessary, but at least HOUSE BILL No. 2395—page 2
66-once every three years, the commissioner may make, or direct to be
67-made, a financial examination of any captive insurance company in the
68-process of organization, or applying for admission or doing business in
69-Kansas. The commissioner may engage in continuous analysis for the
70-preparation of the examination. In addition, at the commissioner's
71-discretion, the commissioner may make, or direct to be made, a market
72-regulation examination of any insurance company doing business in
73-Kansas.
74-(b) In scheduling and determining the nature, scope and frequency
75-of examinations of financial condition, the commissioner shall consider
76-such matters as the results of financial statement analyses and ratios,
77-changes in management or ownership, actuarial opinions, reports of
78-independent certified public accountants and other criteria as set forth
79-in the examiner's handbook adopted by the national association of
80-insurance commissioners in effect when the commissioner exercises
81-discretion under this subsection.
82-(c) The commissioner shall have free access to the books and
83-papers of any such company that relate to its business and to the books
84-and papers kept by any of its agents and may examine under oath,
85-which the commissioner shall be empowered to administer, the
86-directors, officers, agents or employees of any such company in
87-relation to its affairs, transactions and condition.
88-(d) For the purpose of such analysis, the commissioner may
89-require reports and other documents be filed with the commissioner.
90-(e) The commissioner may also examine or investigate any
91-person, or the business of any person, insofar as such examination or
92-investigation is, in the sole discretion of the commissioner, necessary or
93-material to the examination of the company, but such examination or
94-investigation shall not infringe upon or extend to any communications
95-or information accorded privileged or confidential status under any
96-other laws of this state.
97-(f) Upon determining that an examination should be conducted,
98-the commissioner or the commissioner's designee shall appoint one or
99-more examiners to perform the examination and instruct them such
100-examiners as to the scope of the examination. The commissioner may
101-also employ such other guidelines or procedures as the commissioner
102-may deem appropriate.
101+4308. (a) Whenever the commissioner deems it necessary, but at least once
102+every three years, the commissioner may make, or direct to be made, a
103+financial examination of any captive insurance company in the process of
104+organization, or applying for admission or doing business in Kansas. The
105+commissioner may engage in continuous analysis for the preparation of the
106+examination. In addition, at the commissioner's discretion, the
107+commissioner may make, or direct to be made, a market regulation
108+examination of any insurance company doing business in Kansas.
109+(b) In scheduling and determining the nature, scope and frequency of
110+examinations of financial condition, the commissioner shall consider such
111+matters as the results of financial statement analyses and ratios, changes in
112+management or ownership, actuarial opinions, reports of independent
113+certified public accountants and other criteria as set forth in the examiner's
114+handbook adopted by the national association of insurance commissioners
115+in effect when the commissioner exercises discretion under this subsection.
116+(c) The commissioner shall have free access to the books and papers
117+of any such company that relate to its business and to the books and papers
118+kept by any of its agents and may examine under oath, which the
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162+commissioner shall be empowered to administer, the directors, officers,
163+agents or employees of any such company in relation to its affairs,
164+transactions and condition.
165+(d) For the purpose of such analysis, the commissioner may require
166+reports and other documents be filed with the commissioner.
167+(e) The commissioner may also examine or investigate any person, or
168+the business of any person, insofar as such examination or investigation is,
169+in the sole discretion of the commissioner, necessary or material to the
170+examination of the company, but such examination or investigation shall
171+not infringe upon or extend to any communications or information
172+accorded privileged or confidential status under any other laws of this
173+state.
174+(f) Upon determining that an examination should be conducted, the
175+commissioner or the commissioner's designee shall appoint one or more
176+examiners to perform the examination and instruct them such examiners as
177+to the scope of the examination. The commissioner may also employ such
178+other guidelines or procedures as the commissioner may deem appropriate.
103179 (g) When making an examination under this act, the commissioner
104180 may retain attorneys, appraisers, independent actuaries, independent
105181 certified public accountants or other professionals and specialists as
106182 examiners, the reasonable cost of which shall be borne paid by the
107183 company that is the subject of the examination.
108184 (h) (1) NoNot later than 30 days following completion of the
109185 examination or at such earlier time as the commissioner shall prescribe,
110186 the examiner in charge shall file with the deparment a verified written
111187 report of examination under oath. No Not later than 30 days following
112-receipt of the verified report, the department shall transmit the report to
113-the company examined, together with a notice that shall afford such
114-company examined a reasonable opportunity of not more than 30 days
115-to make a written submission or rebuttal with respect to any matters
116-contained in the examination report.
117-(2) Within 30 days of the end of the period allowed for the receipt
118-of written submissions or rebuttals, the commissioner shall fully
119-consider and review the report, together with any written submissions
120-or rebuttals and any relevant portions of the examiners' workpapers,
121-and enter an order:
122-(A) Adopting the examination report as filed or with modification
123-or corrections. If the examination report reveals that the company is
124-operating in violation of any law, rule and regulation or prior order of
125-the commissioner, the commissioner may order the company to take
126-any action the commissioner considers necessary and appropriate to
127-cure such violations;
128-(B) rejecting the examination report with directions to the
129-examiners to reopen the examination for purposes of obtaining HOUSE BILL No. 2395—page 3
130-additional data, documentation or information; or
188+receipt of the verified report, the department shall transmit the report to the
189+company examined, together with a notice that shall afford such company
190+examined a reasonable opportunity of not more than 30 days to make a
191+written submission or rebuttal with respect to any matters contained in the
192+examination report.
193+(2) Within 30 days of the end of the period allowed for the receipt of
194+written submissions or rebuttals, the commissioner shall fully consider and
195+review the report, together with any written submissions or rebuttals and
196+any relevant portions of the examiners' workpapers, and enter an order:
197+(A) Adopting the examination report as filed or with modification or
198+corrections. If the examination report reveals that the company is operating
199+in violation of any law, rule and regulation or prior order of the
200+commissioner, the commissioner may order the company to take any
201+action the commissioner considers necessary and appropriate to cure such
202+violations;
203+(B) rejecting the examination report with directions to the examiners
204+to reopen the examination for purposes of obtaining additional data,
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248+documentation or information; or
131249 (C) call for and conduct a fact-finding hearing in accordance with
132250 K.S.A. 40-281, and amendments thereto, for purposes of obtaining
133251 additional documentation, data, information and testimony.
134-(3) All orders entered as a result of revelations contained in the
135-final examination report shall be accompanied by findings and
136-conclusions resulting from the commissioner's consideration and
137-review of the examination report, relevant examiner work papers and
138-any written submissions or rebuttals. Within 30 days of the issuance of
139-the adopted report, the company shall file affidavits executed by each
140-of its directors stating under oath that they have received a copy of the
141-adopted report and related orders.
252+(3) All orders entered as a result of revelations contained in the final
253+examination report shall be accompanied by findings and conclusions
254+resulting from the commissioner's consideration and review of the
255+examination report, relevant examiner work papers and any written
256+submissions or rebuttals. Within 30 days of the issuance of the adopted
257+report, the company shall file affidavits executed by each of its directors
258+stating under oath that they have received a copy of the adopted report and
259+related orders.
142260 (4) Upon the adoption of the examination report of an association
143-captive insurance company, the commissioner shall hold the content of
144-the examination report as private and confidential as to the pure captive
261+captive insurance company, the commissioner shall hold the content of the
262+examination report as private and confidential as to the pure captive
145263 insurance company. Nothing contained in this act shall be construed to
146264 limit the commissioner's authority to use and, if appropriate, to make
147265 public any final or preliminary examination report in the furtherance of
148266 any legal or regulatory action that the commissioner may, in the
149267 commissioner's discretion, deem appropriate.
150268 (i) Nothing contained in this act shall be construed to limit the
151-commissioner's authority to terminate or suspend any examination in
152-order to pursue other legal or regulatory action pursuant to the
153-insurance laws of this state.
269+commissioner's authority to terminate or suspend any examination in order
270+to pursue other legal or regulatory action pursuant to the insurance laws of
271+this state.
154272 (j) All examination reports, preliminary examination reports or
155273 results, working papers, recorded information, documents and copies
156-thereof produced by, obtained by, or disclosed to the commissioner or
157-any other person in the course of an examination made under this
158-section are confidential and are not subject to subpoena and may not be
159-made public by the commissioner or an employee or agent of the
160-commissioner without the written consent of the company, except to the
161-extent provided in this subsection. Nothing in this subsection shall
162-prevent the commissioner from using such information in furtherance
163-of the commissioner's regulatory authority under this act. The
164-commissioner may grant access to such information to public officers
165-having jurisdiction over the regulation of insurance in any other state or
166-country, or to law enforcement officers of Kansas or any other state or
167-agency of the federal government at any time. Access may also be
168-granted to the national association of insurance commissioners and its
169-affiliates, and the international association of insurance supervisors and
170-its affiliates. Persons receiving such information must agree in writing
171-prior to receiving the information to provide to it the same confidential
172-treatment as required by this section, unless the prior written consent of
173-the company to which it pertains has been obtained.
274+thereof produced by, obtained by, or disclosed to the commissioner or any
275+other person in the course of an examination made under this section are
276+confidential and are not subject to subpoena and may not be made public
277+by the commissioner or an employee or agent of the commissioner without
278+the written consent of the company, except to the extent provided in this
279+subsection. Nothing in this subsection shall prevent the commissioner
280+from using such information in furtherance of the commissioner's
281+regulatory authority under this act. The commissioner may grant access to
282+such information to public officers having jurisdiction over the regulation
283+of insurance in any other state or country, or to law enforcement officers of
284+Kansas or any other state or agency of the federal government at any time.
285+Access may also be granted to the national association of insurance
286+commissioners and its affiliates, and the international association of
287+insurance supervisors and its affiliates. Persons receiving such information
288+must agree in writing prior to receiving the information to provide to it the
289+same confidential treatment as required by this section, unless the prior
290+written consent of the company to which it pertains has been obtained.
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174334 (k) The commissioner may receive documents, materials or
175-information, including otherwise confidential and privileged
176-documents, materials or information, from the national association of
177-insurance commissioners, and its affiliates and subsidiaries, and from
178-regulatory and law enforcement officials of other foreign or domestic
179-jurisdictions, and shall maintain as confidential or privileged any
180-document, material or information received with notice or the
181-understanding that it is confidential or privileged under the laws of the
182-jurisdiction that is the source of the document, material or information.
183-Documents received pursuant to this section shall not be subject to
184-disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and
185-amendments thereto. The provisions of this subsection shall expire on
186-July 1, 2023, unless the legislature reviews and reenacts this provision
187-pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
188-2023.
335+information, including otherwise confidential and privileged documents,
336+materials or information, from the national association of insurance
337+commissioners, and its affiliates and subsidiaries, and from regulatory and
338+law enforcement officials of other foreign or domestic jurisdictions, and
339+shall maintain as confidential or privileged any document, material or
340+information received with notice or the understanding that it is confidential
341+or privileged under the laws of the jurisdiction that is the source of the
342+document, material or information. Documents received pursuant to this
343+section shall not be subject to disclosure pursuant to the open records act,
344+K.S.A. 45-215 et seq., and amendments thereto. The provisions of this
345+subsection shall expire on July 1, 2023, unless the legislature reviews and
346+reenacts this provision pursuant to K.S.A. 45-229, and amendments
347+thereto, prior to July 1, 2023.
189348 Sec. 3. K.S.A. 40-4350 is hereby amended to read as follows: 40-
190349 4350. (a) Documents, materials or other information obtained by or
191350 disclosed to the commissioner pursuant to K.S.A. 40-4332 through 40-
192351 4352, and amendments thereto, shall:
193-(1) Be confidential and privileged, except as provided in K.S.A. HOUSE BILL No. 2395—page 4
194-40-4347, and amendments thereto; and
352+(1) Be confidential and privileged, except as provided in K.S.A. 40-
353+4347, and amendments thereto; and
195354 (2) not be subject to disclosure under the Kansas open records act,
196355 K.S.A. 45-215 et seq., and amendments thereto. The provisions of this
197-subsection shall expire on July 1, 2023, unless the legislature reviews
198-and reenacts this provision pursuant to K.S.A. 45-229, and amendments
356+subsection shall expire on July 1, 2023, unless the legislature reviews and
357+reenacts this provision pursuant to K.S.A. 45-229, and amendments
199358 thereto, prior to July 1, 2023.
200359 (b) The commissioner shall not otherwise make the documents,
201-materials or other information public without the prior written consent
202-of the insurer to which it pertains unless the commissioner, after giving
203-the insurer and its affiliates that would be affected thereby notice and
360+materials or other information public without the prior written consent of
361+the insurer to which it pertains unless the commissioner, after giving the
362+insurer and its affiliates that would be affected thereby notice and
204363 opportunity to be heard in accordance with the provisions of the Kansas
205364 administrative procedure act, determines that the interests of
206365 policyholders, shareholders or the public would be served by the
207-publication thereof, in which event, the commissioner may publish all
208-or any part thereof in such a manner as the commissioner may deem
209-appropriate. In making such determination, the commissioner of
210-insurance also shall take into consideration any potential adverse
211-consequences of the disclosure thereof.
366+publication thereof, in which event, the commissioner may publish all or
367+any part thereof in such a manner as the commissioner may deem
368+appropriate. In making such determination, the commissioner of insurance
369+also shall take into consideration any potential adverse consequences of
370+the disclosure thereof.
212371 (c) Neither the commissioner of insurance nor any person who
213-received documents, materials or other information while acting under
214-the authority of the commissioner of insurance or with whom such
215-documents, materials or other information are shared pursuant to this
216-section shall be permitted or required to testify in any private civil
217-action concerning any confidential documents, materials or information
218-subject to subsection (a).
219-(d) In order to assist in the performance of the commissioner's
220-duties, the commissioner of insurance may:
372+received documents, materials or other information while acting under the
373+authority of the commissioner of insurance or with whom such documents,
374+materials or other information are shared pursuant to this section shall be
375+permitted or required to testify in any private civil action concerning any
376+confidential documents, materials or information subject to subsection (a).
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420+(d) In order to assist in the performance of the commissioner's duties,
421+the commissioner of insurance may:
221422 (1) Share documents, materials or other information, including the
222-confidential and privileged documents, materials or information subject
223-to subsection (a), with federal and international regulatory agencies,
224-and the NAIC and its affiliates, provided that if the recipient agrees in
225-writing to maintain the confidentiality and privileged status of the
226-document, material or other information, and has verified in writing the
227-legal authority to maintain confidentiality;
228-(2) receive documents, materials or information, including
229-otherwise confidential and privileged documents, materials or
230-information from the national association of insurance commissioners,
231-and its affiliates and subsidiaries, and from regulatory and law
232-enforcement officials of other foreign or domestic jurisdictions, and
233-shall maintain as confidential or privileged any document, material or
234-information received with notice or the understanding that it is
235-confidential or privileged under the laws of the jurisdiction that is the
236-source of the document, material or information. Documents received
237-pursuant to this section shall not be subject to disclosure pursuant to the
238-open records act, K.S.A. 45-215 et seq., and amendments thereto. The
239-provisions of this paragraph shall expire on July 1, 2023, unless the
240-legislature reviews and reenacts this provision pursuant to K.S.A. 45-
241-229, and amendments thereto, prior to July 1, 2023; and
423+confidential and privileged documents, materials or information subject to
424+subsection (a), with federal and international regulatory agencies, and the
425+NAIC and its affiliates, provided that if the recipient agrees in writing to
426+maintain the confidentiality and privileged status of the document,
427+material or other information, and has verified in writing the legal
428+authority to maintain confidentiality;
429+(2) receive documents, materials or information, including otherwise
430+confidential and privileged documents, materials or information from the
431+national association of insurance commissioners, and its affiliates and
432+subsidiaries, and from regulatory and law enforcement officials of other
433+foreign or domestic jurisdictions, and shall maintain as confidential or
434+privileged any document, material or information received with notice or
435+the understanding that it is confidential or privileged under the laws of the
436+jurisdiction that is the source of the document, material or information.
437+Documents received pursuant to this section shall not be subject to
438+disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and
439+amendments thereto. The provisions of this paragraph shall expire on July
440+1, 2023, unless the legislature reviews and reenacts this provision pursuant
441+to K.S.A. 45-229, and amendments thereto, prior to July 1, 2023; and
242442 (3) Sharing agreements provided for in subsection (d) shall:
243443 (A) Specify procedures and protocols regarding the confidentiality
244444 and security of information shared with the national association of
245-insurance commissioners and its affiliates and subsidiaries pursuant to
246-this act, including procedures and protocols for sharing by the national
445+insurance commissioners and its affiliates and subsidiaries pursuant to this
446+act, including procedures and protocols for sharing by the national
247447 association of insurance commissioners with other state, federal or
248448 international regulators;
249-(B) specify that ownership of information shared with the NAIC
250-and its affiliates and subsidiaries pursuant to this act remains with the
449+(B) specify that ownership of information shared with the NAIC and
450+its affiliates and subsidiaries pursuant to this act remains with the
251451 commissioner, and the NAIC's use of the information is subject to the
252452 direction of the commissioner;
253-(C) require prompt notice to be given to an insurer and its
254-affiliates whose confidential information in the possession of the
255-NAIC, pursuant to this act, that such information is subject to a request
256-or subpoena to the NAIC for disclosure or production; and
257-(D) require the NAIC and its affiliates and subsidiaries to consent HOUSE BILL No. 2395—page 5
258-to intervention by an insurer in any judicial or administrative action in
259-which the NAIC and its affiliates and subsidiaries may be required to
260-disclose confidential information about the insurer and its affiliates
261-shared with the NAIC and its affiliates and subsidiaries pursuant to this
262-act. Documents, materials or other information in the possession or
263-control of the national association of insurance commissioners shall be
264-confidential by law and privileged, shall not be subject to the open
265-records act, K.S.A. 45-215 et seq., and amendments thereto, shall not
266-be subject to subpoena, and shall not be subject to discovery or
267-admissible in evidence in any private civil action. The provisions of
268-this paragraph shall expire on July 1, 2023, unless the legislature
269-reviews and reenacts this provision pursuant to K.S.A. 45-229, and
270-amendments thereto, prior to July 1, 2023.
453+(C) require prompt notice to be given to an insurer and its affiliates
454+whose confidential information in the possession of the NAIC, pursuant to
455+this act, that such information is subject to a request or subpoena to the
456+NAIC for disclosure or production; and
457+(D) require the NAIC and its affiliates and subsidiaries to consent to
458+intervention by an insurer in any judicial or administrative action in which
459+the NAIC and its affiliates and subsidiaries may be required to disclose
460+confidential information about the insurer and its affiliates shared with the
461+NAIC and its affiliates and subsidiaries pursuant to this act. Documents,
462+materials or other information in the possession or control of the national
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506+association of insurance commissioners shall be confidential by law and
507+privileged, shall not be subject to the open records act, K.S.A. 45-215 et
508+seq., and amendments thereto, shall not be subject to subpoena, and shall
509+not be subject to discovery or admissible in evidence in any private civil
510+action. The provisions of this paragraph shall expire on July 1, 2023,
511+unless the legislature reviews and reenacts this provision pursuant to
512+K.S.A. 45-229, and amendments thereto, prior to July 1, 2023.
271513 (e) The sharing of information by the commissioner of insurance,
272-pursuant to this act, shall not constitute a delegation of regulatory
273-authority or rulemaking authority, and the commissioner of insurance is
274-solely responsible for the administration, execution and enforcement of
275-the provisions of this act.
276-(f) No waiver of any applicable privilege or claim of
277-confidentiality in the documents, materials or information shall occur
278-as a result of disclosure to the commissioner of insurance under this act
279-or as a result of sharing as authorized in subsection (d).
280-Sec. 4. K.S.A. 45-229 is hereby amended to read as follows: 45-
281-229. (a) It is the intent of the legislature that exceptions to disclosure
282-under the open records act shall be created or maintained only if:
283-(1) The public record is of a sensitive or personal nature
284-concerning individuals;
514+pursuant to this act, shall not constitute a delegation of regulatory authority
515+or rulemaking authority, and the commissioner of insurance is solely
516+responsible for the administration, execution and enforcement of the
517+provisions of this act.
518+(f) No waiver of any applicable privilege or claim of confidentiality
519+in the documents, materials or information shall occur as a result of
520+disclosure to the commissioner of insurance under this act or as a result of
521+sharing as authorized in subsection (d).
522+Sec. 4. K.S.A. 45-229 is hereby amended to read as follows: 45-229.
523+(a) It is the intent of the legislature that exceptions to disclosure under the
524+open records act shall be created or maintained only if:
525+(1) The public record is of a sensitive or personal nature concerning
526+individuals;
285527 (2) the public record is necessary for the effective and efficient
286528 administration of a governmental program; or
287529 (3) the public record affects confidential information.
288530 The maintenance or creation of an exception to disclosure must be
289-compelled as measured by these criteria. Further, the legislature finds
290-that the public has a right to have access to public records unless the
291-criteria in this section for restricting such access to a public record are
292-met and the criteria are considered during legislative review in
293-connection with the particular exception to disclosure to be significant
294-enough to override the strong public policy of open government. To
295-strengthen the policy of open government, the legislature shall consider
296-the criteria in this section before enacting an exception to disclosure.
531+compelled as measured by these criteria. Further, the legislature finds that
532+the public has a right to have access to public records unless the criteria in
533+this section for restricting such access to a public record are met and the
534+criteria are considered during legislative review in connection with the
535+particular exception to disclosure to be significant enough to override the
536+strong public policy of open government. To strengthen the policy of open
537+government, the legislature shall consider the criteria in this section before
538+enacting an exception to disclosure.
297539 (b) Subject to the provisions of subsections (g) and (h), any new
298-exception to disclosure or substantial amendment of an existing
299-exception shall expire on July 1 of the fifth year after enactment of the
300-new exception or substantial amendment, unless the legislature acts to
301-continue the exception. A law that enacts a new exception or
302-substantially amends an existing exception shall state that the exception
303-expires at the end of five years and that the exception shall be reviewed
304-by the legislature before the scheduled date.
540+exception to disclosure or substantial amendment of an existing exception
541+shall expire on July 1 of the fifth year after enactment of the new
542+exception or substantial amendment, unless the legislature acts to continue
543+the exception. A law that enacts a new exception or substantially amends
544+an existing exception shall state that the exception expires at the end of
545+five years and that the exception shall be reviewed by the legislature
546+before the scheduled date.
305547 (c) For purposes of this section, an exception is substantially
306-amended if the amendment expands the scope of the exception to
307-include more records or information. An exception is not substantially
308-amended if the amendment narrows the scope of the exception.
309-(d) This section is not intended to repeal an exception that has
310-been amended following legislative review before the scheduled repeal
311-of the exception if the exception is not substantially amended as a result
312-of the review.
548+amended if the amendment expands the scope of the exception to include
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592+more records or information. An exception is not substantially amended if
593+the amendment narrows the scope of the exception.
594+(d) This section is not intended to repeal an exception that has been
595+amended following legislative review before the scheduled repeal of the
596+exception if the exception is not substantially amended as a result of the
597+review.
313598 (e) In the year before the expiration of an exception, the revisor of
314599 statutes shall certify to the president of the senate and the speaker of the
315-house of representatives, by July 15, the language and statutory citation
316-of each exception that will expire in the following year that meets the
317-criteria of an exception as defined in this section. Any exception that is
318-not identified and certified to the president of the senate and the
319-speaker of the house of representatives is not subject to legislative
320-review and shall not expire. If the revisor of statutes fails to certify an
321-exception that the revisor subsequently determines should have been HOUSE BILL No. 2395—page 6
322-certified, the revisor shall include the exception in the following year's
323-certification after that determination.
324-(f) "Exception" means any provision of law that creates an
325-exception to disclosure or limits disclosure under the open records act
326-pursuant to K.S.A. 45-221, and amendments thereto, or pursuant to any
327-other provision of law.
600+house of representatives, by July 15, the language and statutory citation of
601+each exception that will expire in the following year that meets the criteria
602+of an exception as defined in this section. Any exception that is not
603+identified and certified to the president of the senate and the speaker of the
604+house of representatives is not subject to legislative review and shall not
605+expire. If the revisor of statutes fails to certify an exception that the revisor
606+subsequently determines should have been certified, the revisor shall
607+include the exception in the following year's certification after that
608+determination.
609+(f) "Exception" means any provision of law that creates an exception
610+to disclosure or limits disclosure under the open records act pursuant to
611+K.S.A. 45-221, and amendments thereto, or pursuant to any other
612+provision of law.
328613 (g) A provision of law that creates or amends an exception to
329614 disclosure under the open records law shall not be subject to review and
330615 expiration under this act if such provision:
331616 (1) Is required by federal law;
332617 (2) applies solely to the legislature or to the state court system;
333618 (3) has been reviewed and continued in existence twice by the
334619 legislature; or
335-(4) has been reviewed and continued in existence by the
336-legislature during the 2013 legislative session and thereafter.
337-(h) (1) The legislature shall review the exception before its
338-scheduled expiration and consider as part of the review process the
339-following:
620+(4) has been reviewed and continued in existence by the legislature
621+during the 2013 legislative session and thereafter.
622+(h) (1) The legislature shall review the exception before its scheduled
623+expiration and consider as part of the review process the following:
340624 (A) What specific records are affected by the exception;
341625 (B) whom does the exception uniquely affect, as opposed to the
342626 general public;
343-(C) what is the identifiable public purpose or goal of the
344-exception;
345-(D) whether the information contained in the records may be
346-obtained readily by alternative means and how it may be obtained;
627+(C) what is the identifiable public purpose or goal of the exception;
628+(D) whether the information contained in the records may be obtained
629+readily by alternative means and how it may be obtained;
347630 (2) an exception may be created or maintained only if it serves an
348631 identifiable public purpose and may be no broader than is necessary to
349-meet the public purpose it serves. An identifiable public purpose is
350-served if the legislature finds that the purpose is sufficiently compelling
351-to override the strong public policy of open government and cannot be
632+meet the public purpose it serves. An identifiable public purpose is served
633+if the legislature finds that the purpose is sufficiently compelling to
634+override the strong public policy of open government and cannot be
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352678 accomplished without the exception and if the exception:
353679 (A) Allows the effective and efficient administration of a
354680 governmental program that would be significantly impaired without the
355681 exception;
356682 (B) protects information of a sensitive personal nature concerning
357-individuals, the release of such information would be defamatory to
358-such individuals or cause unwarranted damage to the good name or
359-reputation of such individuals or would jeopardize the safety of such
360-individuals. Only information that would identify the individuals may
361-be excepted under this paragraph; or
362-(C) protects information of a confidential nature concerning
363-entities, including, but not limited to, a formula, pattern, device,
364-combination of devices, or compilation of information that is used to
365-protect or further a business advantage over those who do not know or
366-use it, if the disclosure of such information would injure the affected
367-entity in the marketplace.
683+individuals, the release of such information would be defamatory to such
684+individuals or cause unwarranted damage to the good name or reputation
685+of such individuals or would jeopardize the safety of such individuals.
686+Only information that would identify the individuals may be excepted
687+under this paragraph; or
688+(C) protects information of a confidential nature concerning entities,
689+including, but not limited to, a formula, pattern, device, combination of
690+devices, or compilation of information that is used to protect or further a
691+business advantage over those who do not know or use it, if the disclosure
692+of such information would injure the affected entity in the marketplace.
368693 (3) Records made before the date of the expiration of an exception
369694 shall be subject to disclosure as otherwise provided by law. In deciding
370695 whether the records shall be made public, the legislature shall consider
371-whether the damage or loss to persons or entities uniquely affected by
372-the exception of the type specified in paragraph (2)(B) or (2)(C) would
373-occur if the records were made public.
374-(i) (1) Exceptions contained in the following statutes as continued
375-in existence in section 2 of chapter 126 of the 2005 Session Laws of
376-Kansas and that have been reviewed and continued in existence twice
377-by the legislature as provided in subsection (g) are hereby continued in
378-existence: 1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-
379-189, 12-1,108, 12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-
380-304, 17-1312e, 17-2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-
381-2511, 22-3711, 22-4707, 22-4909, 22a-243, 22a-244, 23-605, 23-9,312,
382-25-4161, 25-4165, 31-405, 34-251, 38-2212, 39-709b, 39-719e, 39-
383-934, 39-1434, 39-1704, 40-222, 40-2,156, 40-2c20, 40-2c21, 40-2d20,
384-40-2d21, 40-409, 40-956, 40-1128, 40-2807, 40-3012, 40-3304, 40-
385-3308, 40-3403b, 40-3421, 40-3613, 40-3805, 40-4205, 44-510j, 44- HOUSE BILL No. 2395—page 7
386-550b, 44-594, 44-635, 44-714, 44-817, 44-1005, 44-1019, 45-221(a)(1)
387-through (43), 46-256, 46-259, 46-2201, 47-839, 47-844, 47-849, 47-
388-1709, 48-1614, 49-406, 49-427, 55-1,102, 58-4114, 59-2135, 59-2802,
389-59-2979, 59-29b79, 60-3333, 60-3336, 65-102b, 65-118, 65-119, 65-
390-153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116, 65-1,157a, 65-
391-1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172, 65-436, 65-
392-445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-1627, 65-
393-1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-3015, 65-
394-3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-5602, 65-
395-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803, 65-
396-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
397-2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-
398-2424, 74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-
399-7308, 74-7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104,
400-75-712, 75-7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-
401-5266, 75-5665, 75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11,
402-76-12c03, 76-3305, 79-1119, 79-1437f, 79-3234, 79-3395, 79-3420,
403-79-3499, 79-34,113, 79-3614, 79-3657, 79-4301 and 79-5206.
404-(2) Exceptions contained in the following statutes as certified by
405-the revisor of statutes to the president of the senate and the speaker of
406-the house of representatives pursuant to subsection (e) and that have
407-been reviewed during the 2015 legislative session and continued in
696+whether the damage or loss to persons or entities uniquely affected by the
697+exception of the type specified in paragraph (2)(B) or (2)(C) would occur
698+if the records were made public.
699+(i) (1) Exceptions contained in the following statutes as continued in
700+existence in section 2 of chapter 126 of the 2005 Session Laws of Kansas
701+and that have been reviewed and continued in existence twice by the
702+legislature as provided in subsection (g) are hereby continued in existence:
703+1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-189, 12-1,108,
704+12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-304, 17-1312e, 17-
705+2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-2511, 22-3711, 22-4707,
706+22-4909, 22a-243, 22a-244, 23-605, 23-9,312, 25-4161, 25-4165, 31-405,
707+34-251, 38-2212, 39-709b, 39-719e, 39-934, 39-1434, 39-1704, 40-222,
708+40-2,156, 40-2c20, 40-2c21, 40-2d20, 40-2d21, 40-409, 40-956, 40-1128,
709+40-2807, 40-3012, 40-3304, 40-3308, 40-3403b, 40-3421, 40-3613, 40-
710+3805, 40-4205, 44-510j, 44-550b, 44-594, 44-635, 44-714, 44-817, 44-
711+1005, 44-1019, 45-221(a)(1) through (43), 46-256, 46-259, 46-2201, 47-
712+839, 47-844, 47-849, 47-1709, 48-1614, 49-406, 49-427, 55-1,102, 58-
713+4114, 59-2135, 59-2802, 59-2979, 59-29b79, 60-3333, 60-3336, 65-102b,
714+65-118, 65-119, 65-153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116,
715+65-1,157a, 65-1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172,
716+65-436, 65-445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-
717+1627, 65-1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-
718+3015, 65-3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-
719+5602, 65-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803,
720+65-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
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764+2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-2424,
765+74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-7308, 74-
766+7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104, 75-712, 75-
767+7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-5266, 75-5665,
768+75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11, 76-12c03, 76-3305,
769+79-1119, 79-1437f, 79-3234, 79-3395, 79-3420, 79-3499, 79-34,113, 79-
770+3614, 79-3657, 79-4301 and 79-5206.
771+(2) Exceptions contained in the following statutes as certified by the
772+revisor of statutes to the president of the senate and the speaker of the
773+house of representatives pursuant to subsection (e) and that have been
774+reviewed during the 2015 legislative session and continued in existence by
775+the legislature as provided in subsection (g) are hereby continued in
776+existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49), 48-16a10, 58-
777+4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
778+(j) (1) Exceptions contained in the following statutes as continued in
779+existence in section 1 of chapter 87 of the 2006 Session Laws of Kansas
780+and that have been reviewed and continued in existence twice by the
781+legislature as provided in subsection (g) are hereby continued in existence:
782+1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016, 65-6017 and
783+74-7508.
784+(2) Exceptions contained in the following statutes as certified by the
785+revisor of statutes to the president of the senate and the speaker of the
786+house of representatives pursuant to subsection (e) during 2015 and that
787+have been reviewed during the 2016 legislative session are hereby
788+continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311, 38-
789+2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-4a05,
790+65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-7c06.
791+(k) Exceptions contained in the following statutes as certified by the
792+revisor of statutes to the president of the senate and the speaker of the
793+house of representatives pursuant to subsection (e) and that have been
794+reviewed during the 2014 legislative session and continued in existence by
795+the legislature as provided in subsection (g) are hereby continued in
796+existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-1325, 12-
797+17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-5108, 41-
798+2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46), (47) and (48),
799+50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-8134, 74-99b06,
800+77-503a and 82a-2210.
801+(l) Exceptions contained in the following statutes as certified by the
802+revisor of statutes to the president of the senate and the speaker of the
803+house of representatives pursuant to subsection (e) during 2016 and that
804+have been reviewed during the 2017 legislative session are hereby
805+continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
806+(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752, 74-
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850+8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
851+(m) Exceptions contained in the following statutes as certified by the
852+revisor of statutes to the president of the senate and the speaker of the
853+house of representatives pursuant to subsection (e) during 2012 and that
854+have been reviewed during the 2013 legislative session and continued in
408855 existence by the legislature as provided in subsection (g) are hereby
409-continued in existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49),
410-48-16a10, 58-4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
411-(j) (1) Exceptions contained in the following statutes as continued
412-in existence in section 1 of chapter 87 of the 2006 Session Laws of
413-Kansas and that have been reviewed and continued in existence twice
414-by the legislature as provided in subsection (g) are hereby continued in
415-existence: 1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016,
416-65-6017 and 74-7508.
417-(2) Exceptions contained in the following statutes as certified by
418-the revisor of statutes to the president of the senate and the speaker of
419-the house of representatives pursuant to subsection (e) during 2015 and
420-that have been reviewed during the 2016 legislative session are hereby
421-continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311,
422-38-2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-
423-4a05, 65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-
424-7c06.
425-(k) Exceptions contained in the following statutes as certified by
426-the revisor of statutes to the president of the senate and the speaker of
427-the house of representatives pursuant to subsection (e) and that have
428-been reviewed during the 2014 legislative session and continued in
429-existence by the legislature as provided in subsection (g) are hereby
430-continued in existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-
431-1325, 12-17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-
432-5108, 41-2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46),
433-(47) and (48), 50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-
434-8134, 74-99b06, 77-503a and 82a-2210.
435-(l) Exceptions contained in the following statutes as certified by
436-the revisor of statutes to the president of the senate and the speaker of
437-the house of representatives pursuant to subsection (e) during 2016 and
438-that have been reviewed during the 2017 legislative session are hereby
439-continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
440-(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752,
441-74-8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
442-(m) Exceptions contained in the following statutes as certified by
443-the revisor of statutes to the president of the senate and the speaker of
444-the house of representatives pursuant to subsection (e) during 2012 and
445-that have been reviewed during the 2013 legislative session and
446-continued in existence by the legislature as provided in subsection (g)
447-are hereby continued in existence: 12-5811, 40-222, 40-223j, 40-5007a,
448-40-5009a, 40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805,
449-72-8268, 75-712 and 75-5366. HOUSE BILL No. 2395—page 8
450-(n) Exceptions contained in the following statutes as certified by
451-the revisor of statutes to the president of the senate and the speaker of
452-the house of representatives pursuant to subsection (e) and that have
453-been reviewed during the 2018 legislative session are hereby continued
454-in existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-
455-6832, 65-6834, 75-7c06 and 75-7c20.
456-(o) Exceptions contained in the following statutes as certified by
457-the revisor of statutes to the president of the senate and the speaker of
458-the house of representatives pursuant to subsection (e) that have been
856+continued in existence: 12-5811, 40-222, 40-223j, 40-5007a, 40-5009a,
857+40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805, 72-8268, 75-
858+712 and 75-5366.
859+(n) Exceptions contained in the following statutes as certified by the
860+revisor of statutes to the president of the senate and the speaker of the
861+house of representatives pursuant to subsection (e) and that have been
862+reviewed during the 2018 legislative session are hereby continued in
863+existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-6832,
864+65-6834, 75-7c06 and 75-7c20.
865+(o) Exceptions contained in the following statutes as certified by the
866+revisor of statutes to the president of the senate and the speaker of the
867+house of representatives pursuant to subsection (e) that have been
459868 reviewed during the 2019 legislative session are hereby continued in
460-existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-
461-2502(d) and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g)
462-regarding 46-1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-
463-28a05(n), article 6(d) of 65-6230, 72-6314(a) and 74-7047(b).
464-(p) Exceptions contained in the following statutes as certified by
465-the revisor of statutes to the president of the senate and the speaker of
466-the house of representatives pursuant to subsection (e) that have been
869+existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-2502(d)
870+and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g) regarding 46-
871+1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-28a05(n), article 6(d) of
872+65-6230, 72-6314(a) and 74-7047(b).
873+(p) Exceptions contained in the following statutes as certified by the
874+revisor of statutes to the president of the senate and the speaker of the
875+house of representatives pursuant to subsection (e) that have been
467876 reviewed during the 2020 legislative session are hereby continued in
468-existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-
469-1129, 59-29a22(b)(10) and 65-6747.
470-(q) Exceptions contained in the following statutes as certified by
471-the revisor of statutes to the president of the senate and the speaker of
472-the house of representatives pursuant to subsection (e) that have been
877+existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-1129,
878+59-29a22(b)(10) and 65-6747.
879+(q) Exceptions contained in the following statutes as certified by the
880+revisor of statutes to the president of the senate and the speaker of the
881+house of representatives pursuant to subsection (e) that have been
473882 reviewed during the 2021 legislative session are hereby continued in
474-existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)
475-(B) and 65-6111(d)(4).
476-(r) Exceptions contained in the following statutes as certified by
477-the revisor of statutes to the president of the senate and the speaker of
478-the house of representatives pursuant to subsection (e) that have been
883+existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)(B)
884+and 65-6111(d)(4).
885+(r) Exceptions contained in the following statutes as certified by the
886+revisor of statutes to the president of the senate and the speaker of the
887+house of representatives pursuant to subsection (e) that have been
479888 reviewed during the 2023 legislative session are hereby continued in
480889 existence: 2-3902 and 66-2020.
481-Sec. 5. K.S.A. 65-177 is hereby amended to read as follows: 65-
482-177. (a) (1) "Data," as used in K.S.A. 65-177 through 65-179, and
483-amendments thereto, includes all facts, information, records of
484-interviews, written reports, statements, notes or memoranda secured in
485-connection with an authorized medical research study.
486-(2) "Maternal death" means the death of any woman from any
487-cause while pregnant or within one calendar year of the end of any
488-pregnancy, regardless of the duration of the pregnancy or the site of the
489-end of the pregnancy.
490-(b) (1) The secretary of health and environment shall have access
491-to all law enforcement investigative information regarding a maternal
492-death in Kansas, any autopsy records and coroner's investigative
493-records relating to the death, any medical records of the mother and any
494-records of the Kansas department for children and families or any other
495-state social service agency that has provided services to the mother.
496-(2) (A) The secretary may apply to the district court for the
497-issuance of, and the district court may issue, a subpoena to compel the
498-production of any books, records or papers relevant to the cause of any
499-maternal death being investigated by the secretary. Any books, records
500-or papers received by the secretary pursuant to the subpoena shall be
501-confidential and privileged information and not subject to disclosure.
502-(B) The provisions of this paragraph providing for confidentiality
503-of records shall expire on July 1, 2023, unless the legislature acts to
504-reenact such provisions. The legislature shall review the provisions of
505-this paragraph pursuant to K.S.A. 45-229, and amendments thereto,
506-prior to July 1, 2023.
890+Sec. 5. K.S.A. 65-177 is hereby amended to read as follows: 65-177.
891+(a) (1) "Data," as used in K.S.A. 65-177 through 65-179, and amendments
892+thereto, includes all facts, information, records of interviews, written
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936+reports, statements, notes or memoranda secured in connection with an
937+authorized medical research study.
938+(2) "Maternal death" means the death of any woman from any cause
939+while pregnant or within one calendar year of the end of any pregnancy,
940+regardless of the duration of the pregnancy or the site of the end of the
941+pregnancy.
942+(b) (1) The secretary of health and environment shall have access to
943+all law enforcement investigative information regarding a maternal death
944+in Kansas, any autopsy records and coroner's investigative records relating
945+to the death, any medical records of the mother and any records of the
946+Kansas department for children and families or any other state social
947+service agency that has provided services to the mother.
948+(2) (A) The secretary may apply to the district court for the issuance
949+of, and the district court may issue, a subpoena to compel the production
950+of any books, records or papers relevant to the cause of any maternal death
951+being investigated by the secretary. Any books, records or papers received
952+by the secretary pursuant to the subpoena shall be confidential and
953+privileged information and not subject to disclosure.
954+(B) The provisions of this paragraph providing for confidentiality of
955+records shall expire on July 1, 2023, unless the legislature acts to reenact
956+such provisions. The legislature shall review the provisions of this
957+paragraph pursuant to K.S.A. 45-229, and amendments thereto, prior to
958+July 1, 2023.
507959 (c) The secretary of health and environment shall:
508960 (1) Identify maternal death cases;
509961 (2) review medical records and other relevant data;
510-(3) contact family members and other affected or involved persons
511-to collect additional relevant data;
962+(3) contact family members and other affected or involved persons to
963+collect additional relevant data;
512964 (4) consult with relevant experts to evaluate the records and data
513-collected; HOUSE BILL No. 2395—page 9
965+collected;
514966 (5) make determinations regarding the preventability of maternal
515967 deaths;
516968 (6) develop recommendations and actionable strategies to prevent
517969 maternal deaths; and
518970 (7) disseminate findings and recommendations to the legislature,
519971 healthcare providers, healthcare facilities and the general public.
520-(d) (1) Healthcare providers licensed pursuant to chapters 65 and
521-74 of the Kansas Statutes Annotated, and amendments thereto, medical
522-care facilities licensed pursuant to article 4 of chapter 65 of the Kansas
523-Statues Annotated, and amendments thereto, maternity centers licensed
524-pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated,
525-and amendments thereto, and pharmacies licensed pursuant to article 16
526-of chapter 65 of the Kansas Statutes Annotated, and amendments
527-thereto, shall provide reasonable access to all relevant medical records
528-associated with a maternal death case under review by the secretary.
972+(d) (1) Healthcare providers licensed pursuant to chapters 65 and 74
973+of the Kansas Statutes Annotated, and amendments thereto, medical care
974+facilities licensed pursuant to article 4 of chapter 65 of the Kansas Statues
975+Annotated, and amendments thereto, maternity centers licensed pursuant
976+to article 5 of chapter 65 of the Kansas Statutes Annotated, and
977+amendments thereto, and pharmacies licensed pursuant to article 16 of
978+chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
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1022+shall provide reasonable access to all relevant medical records associated
1023+with a maternal death case under review by the secretary.
5291024 (2) A healthcare provider, medical care facility, maternity center or
5301025 pharmacy providing access to medical records pursuant to this section
5311026 shall not be held liable for civil damages or be subject to criminal or
5321027 disciplinary administrative action for good faith efforts to provide such
5331028 records.
534-(e) (1) Information, records, reports, statements, notes,
535-memoranda or other data collected pursuant to this section shall be
536-privileged and confidential and shall not be admissible as evidence in
537-any action of any kind in any court or before another tribunal, board,
538-agency or person. Such information, records, reports, statements, notes,
539-memoranda or other data shall not be exhibited nor their contents
540-disclosed in any way, in whole or in part, by any officer or
541-representative of the department of health and environment or any other
542-person, except as may be necessary for the purpose of furthering the
543-investigation of the case to which they relate. No person participating
544-in such investigation shall disclose, in any manner, the information so
545-obtained.
546-(2) The provisions of this subsection providing for confidentiality
547-of records shall expire on July 1, 2023, unless the legislature acts to
548-reenact such provisions. The legislature shall review the provisions of
549-this subsection pursuant to K.S.A. 45-229, and amendments thereto,
550-prior to July 1, 2023.
1029+(e) (1) Information, records, reports, statements, notes, memoranda or
1030+other data collected pursuant to this section shall be privileged and
1031+confidential and shall not be admissible as evidence in any action of any
1032+kind in any court or before another tribunal, board, agency or person. Such
1033+information, records, reports, statements, notes, memoranda or other data
1034+shall not be exhibited nor their contents disclosed in any way, in whole or
1035+in part, by any officer or representative of the department of health and
1036+environment or any other person, except as may be necessary for the
1037+purpose of furthering the investigation of the case to which they relate. No
1038+person participating in such investigation shall disclose, in any manner, the
1039+information so obtained.
1040+(2) The provisions of this subsection providing for confidentiality of
1041+records shall expire on July 1, 2023, unless the legislature acts to reenact
1042+such provisions. The legislature shall review the provisions of this
1043+subsection pursuant to K.S.A. 45-229, and amendments thereto, prior to
1044+July 1, 2023.
5511045 (f) (1) All proceedings and activities of the secretary or
552-representatives of the secretary under this section, opinions of the
553-secretary or representatives of the secretary formed as a result of such
554-proceedings and activities and records obtained, created or maintained
555-pursuant to this section, including records of interviews, written reports
556-and statements procured by the secretary or any other person, agency or
557-organization acting jointly or under contract with the department of
558-health and environment in connection with the requirements of this
559-section, shall be confidential and not subject to the provisions of the
560-open records act or the open meetings act or subject to subpoena,
561-discovery or introduction into evidence in any civil or criminal
562-proceeding. Nothing in this section shall be construed to limit or
563-otherwise restrict the right to discover or use in any civil or criminal
564-proceeding any document or record that is available and entirely
565-independent of proceedings and activities of the secretary or
1046+representatives of the secretary under this section, opinions of the secretary
1047+or representatives of the secretary formed as a result of such proceedings
1048+and activities and records obtained, created or maintained pursuant to this
1049+section, including records of interviews, written reports and statements
1050+procured by the secretary or any other person, agency or organization
1051+acting jointly or under contract with the department of health and
1052+environment in connection with the requirements of this section, shall be
1053+confidential and not subject to the provisions of the open records act or the
1054+open meetings act or subject to subpoena, discovery or introduction into
1055+evidence in any civil or criminal proceeding. Nothing in this section shall
1056+be construed to limit or otherwise restrict the right to discover or use in
1057+any civil or criminal proceeding any document or record that is available
1058+and entirely independent of proceedings and activities of the secretary or
5661059 representatives of the secretary under this section.
5671060 (2) The secretary or representatives of the secretary shall not be
568-questioned in any civil or criminal proceeding regarding the
569-information presented in or opinions formed as a result of an
570-investigation. Nothing in this section shall be construed to prevent the
571-secretary or representatives of the secretary from testifying to
572-information obtained independently of this section or that is public
573-information.
574-(3) The provisions of this subsection providing for confidentiality
575-of records shall expire on July 1, 2023, unless the legislature acts to
576-reenact such provisions. The legislature shall review the provisions of
577-this subsection pursuant to K.S.A. 45-229, and amendments thereto, HOUSE BILL No. 2395—page 10
578-prior to July 1, 2023.
1061+questioned in any civil or criminal proceeding regarding the information
1062+presented in or opinions formed as a result of an investigation. Nothing in
1063+this section shall be construed to prevent the secretary or representatives of
1064+the secretary from testifying to information obtained independently of this
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1108+section or that is public information.
1109+(3) The provisions of this subsection providing for confidentiality of
1110+records shall expire on July 1, 2023, unless the legislature acts to reenact
1111+such provisions. The legislature shall review the provisions of this
1112+subsection pursuant to K.S.A. 45-229, and amendments thereto, prior to
1113+July 1, 2023.
5791114 (g) Reports of aggregate non-individually identifiable data shall be
580-compiled on a routine basis for distribution in an effort to further study
581-the causes and problems associated with maternal deaths. Reports shall
582-be distributed to healthcare providers and medical care facilities and
583-other persons necessary to reduce the maternal death rate.
1115+compiled on a routine basis for distribution in an effort to further study the
1116+causes and problems associated with maternal deaths. Reports shall be
1117+distributed to healthcare providers and medical care facilities and other
1118+persons necessary to reduce the maternal death rate.
5841119 (h) The secretary of health and environment shall receive data
5851120 secured in connection with medical research studies conducted for the
586-purpose of reducing morbidity or mortality from maternal, perinatal
587-and anesthetic causes. Such studies may be conducted by the secretary
588-of health and environment and staff or with other qualified persons,
589-agencies or organizations. If such studies are conducted with any
590-funding not provided by the state of Kansas, then the source of such
591-funding shall be clearly identified in such study. Where authorization to
592-conduct such a study is granted by the secretary of health and
593-environment, all data voluntarily made available to the secretary of
594-health and environment in connection with such study shall be treated
595-as confidential and shall be used solely for purposes of medical
596-research. Research files and opinions expressed upon the evidence
597-found in such research shall not be admissible as evidence in any action
598-in any court or before any other tribunal, except that statistics or tables
599-resulting from such data shall be admissible and may be received as
600-evidence. This section shall not affect the right of any patient or such
601-patient's guardians, representatives or heirs to require hospitals,
602-physicians, sanatoriums, rest homes, nursing homes or other persons or
603-agencies to furnish such patient's hospital record to such patient's
604-representatives upon written authorization, or the admissibility in
1121+purpose of reducing morbidity or mortality from maternal, perinatal and
1122+anesthetic causes. Such studies may be conducted by the secretary of
1123+health and environment and staff or with other qualified persons, agencies
1124+or organizations. If such studies are conducted with any funding not
1125+provided by the state of Kansas, then the source of such funding shall be
1126+clearly identified in such study. Where authorization to conduct such a
1127+study is granted by the secretary of health and environment, all data
1128+voluntarily made available to the secretary of health and environment in
1129+connection with such study shall be treated as confidential and shall be
1130+used solely for purposes of medical research. Research files and opinions
1131+expressed upon the evidence found in such research shall not be
1132+admissible as evidence in any action in any court or before any other
1133+tribunal, except that statistics or tables resulting from such data shall be
1134+admissible and may be received as evidence. This section shall not affect
1135+the right of any patient or such patient's guardians, representatives or heirs
1136+to require hospitals, physicians, sanatoriums, rest homes, nursing homes or
1137+other persons or agencies to furnish such patient's hospital record to such
1138+patient's representatives upon written authorization, or the admissibility in
6051139 evidence thereof.
6061140 (i) No employee of the secretary of health and environment shall
6071141 interview any patient named in any such report, nor any relative of any
6081142 such patient, unless otherwise provided in K.S.A. 65-2422d, and
609-amendments thereto. Nothing in this section shall prohibit the
610-publication by the secretary of health and environment, or a duly
611-authorized cooperating person, agency or organization, of final reports
612-or statistical compilations derived from morbidity or mortality studies,
613-which if such reports or compilations do not identify individuals,
614-associations, corporations or institutions which that were the subjects
615-of such studies, or reveal sources of information.
1143+amendments thereto. Nothing in this section shall prohibit the publication
1144+by the secretary of health and environment, or a duly authorized
1145+cooperating person, agency or organization, of final reports or statistical
1146+compilations derived from morbidity or mortality studies, which if such
1147+reports or compilations do not identify individuals, associations,
1148+corporations or institutions which that were the subjects of such studies, or
1149+reveal sources of information.
6161150 Sec. 6. K.S.A. 65-28b08 is hereby amended to read as follows: 65-
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6171194 28b08. (a) The board may deny, revoke, limit or suspend any license or
6181195 authorization issued to a certified nurse-midwife to engage in the
6191196 independent practice of midwifery that is issued by the board or applied
6201197 for under this act, or may publicly censure a licensee or holder of a
6211198 temporary permit or authorization, if the applicant or licensee is found
6221199 after a hearing:
623-(1) To be guilty of fraud or deceit while engaging in the
624-independent practice of midwifery or in procuring or attempting to
625-procure a license to engage in the independent practice of midwifery;
626-(2) to have been found guilty of a felony or to have been found
627-guilty of a misdemeanor involving an illegal drug offense unless the
628-applicant or licensee establishes sufficient rehabilitation to warrant the
629-public trust, except that notwithstanding K.S.A. 74-120, and
630-amendments thereto, no license or authorization to practice and engage
631-in the independent practice of midwifery shall be granted to a person
632-with a felony conviction for a crime against persons as specified in
633-article 34 of chapter 21 of the Kansas Statutes Annotated, prior to its
634-repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, and
635-amendments thereto, or K.S.A. 2022 Supp. 21-6104, 21-6325, 21-6326
636-or 21-6418, and amendments thereto;
637-(3) to have committed an act of professional incompetence as
638-defined in subsection (c);
639-(4) to be unable to practice the healing arts with reasonable skill
640-and safety by reason of impairment due to physical or mental illness or
641-condition or use of alcohol, drugs or controlled substances. All HOUSE BILL No. 2395—page 11
1200+(1) To be guilty of fraud or deceit while engaging in the independent
1201+practice of midwifery or in procuring or attempting to procure a license to
1202+engage in the independent practice of midwifery;
1203+(2) to have been found guilty of a felony or to have been found guilty
1204+of a misdemeanor involving an illegal drug offense unless the applicant or
1205+licensee establishes sufficient rehabilitation to warrant the public trust,
1206+except that notwithstanding K.S.A. 74-120, and amendments thereto, no
1207+license or authorization to practice and engage in the independent practice
1208+of midwifery shall be granted to a person with a felony conviction for a
1209+crime against persons as specified in article 34 of chapter 21 of the Kansas
1210+Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the
1211+Kansas Statutes Annotated, and amendments thereto, or K.S.A. 2022 Supp.
1212+21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
1213+(3) to have committed an act of professional incompetence as defined
1214+in subsection (c);
1215+(4) to be unable to practice the healing arts with reasonable skill and
1216+safety by reason of impairment due to physical or mental illness or
1217+condition or use of alcohol, drugs or controlled substances. All
6421218 information, reports, findings and other records relating to impairment
643-shall be confidential and not subject to discovery or release to any
644-person or entity outside of a board proceeding. The provisions of this
645-paragraph providing confidentiality of records shall expire on July 1,
646-2022, unless the legislature reviews and reenacts such provisions
647-pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
648-2022;
1219+shall be confidential and not subject to discovery or release to any person
1220+or entity outside of a board proceeding. The provisions of this paragraph
1221+providing confidentiality of records shall expire on July 1, 2022, unless the
1222+legislature reviews and reenacts such provisions pursuant to K.S.A. 45-
1223+229, and amendments thereto, prior to July 1, 2022;
6491224 (5) to be a person who has been adjudged in need of a guardian or
650-conservator, or both, under the act for obtaining a guardian or
651-conservator, or both, and who has not been restored to capacity under
652-that act;
1225+conservator, or both, under the act for obtaining a guardian or conservator,
1226+or both, and who has not been restored to capacity under that act;
6531227 (6) to be guilty of unprofessional conduct as defined by rules and
6541228 regulations of the board;
6551229 (7) to have willfully or repeatedly violated the provisions of the
656-Kansas nurse practice act or any rules and regulations adopted pursuant
657-to that such act;
658-(8) to have a license to practice nursing as a registered nurse or as
659-a practical nurse denied, revoked, limited or suspended, or to have been
1230+Kansas nurse practice act or any rules and regulations adopted pursuant to
1231+that such act;
1232+(8) to have a license to practice nursing as a registered nurse or as a
1233+practical nurse denied, revoked, limited or suspended, or to have been
6601234 publicly or privately censured, by a licensing authority of another state,
661-agency of the United States government, territory of the United States
662-or country, or to have other disciplinary action taken against the
663-applicant or licensee by a licensing authority of another state, agency of
664-the United States government, territory of the United States or country.
665-A certified copy of the record or order of public or private censure,
666-denial, suspension, limitation, revocation or other disciplinary action of
667-the licensing authority of another state, agency of the United States
668-government, territory of the United States or country shall constitute
669-prima facie evidence of such a fact for purposes of this paragraph; or
670-(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to
671-its repeal, or K.S.A. 2022 Supp. 21-5407, and amendments thereto, as
1235+agency of the United States government, territory of the United States or
1236+country, or to have other disciplinary action taken against the applicant or
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1280+licensee by a licensing authority of another state, agency of the United
1281+States government, territory of the United States or country. A certified
1282+copy of the record or order of public or private censure, denial, suspension,
1283+limitation, revocation or other disciplinary action of the licensing authority
1284+of another state, agency of the United States government, territory of the
1285+United States or country shall constitute prima facie evidence of such a
1286+fact for purposes of this paragraph; or
1287+(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its
1288+repeal, or K.S.A. 2022 Supp. 21-5407, and amendments thereto, as
6721289 established by any of the following:
673-(A) A copy of the record of criminal conviction or plea of guilty to
674-a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A.
675-2022 Supp. 21-5407, and amendments thereto;
1290+(A) A copy of the record of criminal conviction or plea of guilty to a
1291+felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2022
1292+Supp. 21-5407, and amendments thereto;
6761293 (B) a copy of the record of a judgment of contempt of court for
6771294 violating an injunction issued under K.S.A. 60-4404, and amendments
6781295 thereto; or
6791296 (C) a copy of the record of a judgment assessing damages under
6801297 K.S.A. 60-4405, and amendments thereto.
6811298 (b) No person shall be excused from testifying in any proceedings
6821299 before the board under this act or in any civil proceedings under this act
683-before a court of competent jurisdiction on the ground that such
684-testimony may incriminate the person testifying, but such testimony
685-shall not be used against the person for the prosecution of any crime
686-under the laws of this state, except the crime of perjury as defined in
687-K.S.A. 2022 Supp. 21-5903, and amendments thereto.
1300+before a court of competent jurisdiction on the ground that such testimony
1301+may incriminate the person testifying, but such testimony shall not be used
1302+against the person for the prosecution of any crime under the laws of this
1303+state, except the crime of perjury as defined in K.S.A. 2022 Supp. 21-
1304+5903, and amendments thereto.
6881305 (c) As used in this section, "professional incompetency" means:
6891306 (1) One or more instances involving failure to adhere to the
690-applicable standard of care to a degree which constitutes gross
691-negligence, as determined by the board;
1307+applicable standard of care to a degree which constitutes gross negligence,
1308+as determined by the board;
6921309 (2) repeated instances involving failure to adhere to the applicable
6931310 standard of care to a degree which constitutes ordinary negligence, as
6941311 determined by the board; or
6951312 (3) a pattern of practice or other behavior which demonstrates a
696-manifest incapacity or incompetence to engage in the independent
697-practice of midwifery.
698-(d) The board, upon request, shall receive from the Kansas bureau
699-of investigation such criminal history record information relating to
700-arrests and criminal convictions, as necessary, for the purpose of
701-determining initial and continuing qualifications of licensees and
702-applicants for licensure by the board.
703-(e) The provisions of this section shall become effective on
704-January 1, 2017.
705-Sec. 7. K.S.A. 74-5611a is hereby amended to read as follows: 74- HOUSE BILL No. 2395—page 12
1313+manifest incapacity or incompetence to engage in the independent practice
1314+of midwifery.
1315+(d) The board, upon request, shall receive from the Kansas bureau of
1316+investigation such criminal history record information relating to arrests
1317+and criminal convictions, as necessary, for the purpose of determining
1318+initial and continuing qualifications of licensees and applicants for
1319+licensure by the board.
1320+(e) The provisions of this section shall become effective on January 1,
1321+2017.
1322+Sec. 7. K.S.A. 74-5611a is hereby amended to read as follows: 74-
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7061366 5611a. (a) (1) The commission shall establish and maintain a central
7071367 registry of all Kansas police officers or law enforcement officers.
7081368 (2) The purpose of the registry is to be a resource for all agencies
7091369 who appoint or elect police or law enforcement officers to use when
7101370 reviewing employment applications of such officers. The registry shall
711-include all records received or created by the commission pursuant to
712-this section and all records related to violations of the Kansas law
713-enforcement training act, including, but not limited to, records of
714-complaints received or maintained by the commission.
715-(3) All records contained in the registry are confidential and shall
716-not be disclosed pursuant to the Kansas open records act, except such
717-records may be disclosed as provided in subsections (a)(4) and (a)(5)
718-and the Kansas administrative procedure act. The provisions of this
719-paragraph shall expire on July 1, 2023, unless the legislature reviews
720-and reenacts this provision pursuant to K.S.A. 45-229, and amendments
721-thereto, prior to July 1, 2023.
1371+include all records received or created by the commission pursuant to this
1372+section and all records related to violations of the Kansas law enforcement
1373+training act, including, but not limited to, records of complaints received
1374+or maintained by the commission.
1375+(3) All records contained in the registry are confidential and shall not
1376+be disclosed pursuant to the Kansas open records act, except such records
1377+may be disclosed as provided in subsections (a)(4) and (a)(5) and the
1378+Kansas administrative procedure act. The provisions of this paragraph
1379+shall expire on July 1, 2023, unless the legislature reviews and reenacts
1380+this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
1381+July 1, 2023.
7221382 (4) Records contained in the registry, other than investigative files,
7231383 shall be disclosed:
7241384 (A) To an agency that certifies, appoints or elects police or law
7251385 enforcement officers;
7261386 (B) to the person who is the subject of the information, but the
7271387 commission may require disclosure in such a manner as to prevent
7281388 identification of any other person who is the subject or source of the
7291389 information;
7301390 (C) in any proceeding conducted by the commission in accordance
731-with the Kansas administrative procedure act, or in an appeal of an
732-order of the commission entered in a proceeding, or to a party in such
1391+with the Kansas administrative procedure act, or in an appeal of an order
1392+of the commission entered in a proceeding, or to a party in such
7331393 proceeding or that party's attorney;
7341394 (D) to a municipal, state or federal licensing, regulatory or
735-enforcement agency with jurisdiction over acts or conduct similar to
736-acts or conduct that would constitute grounds for action under this act;
737-and
738-(E) to the director of police training when such disclosure is
739-relevant to the exercise of the authority granted in K.S.A. 74-5604a(b),
740-and amendments thereto.
741-(5) The following records may be disclosed to any person
742-pursuant to the Kansas open records act:
1395+enforcement agency with jurisdiction over acts or conduct similar to acts
1396+or conduct that would constitute grounds for action under this act; and
1397+(E) to the director of police training when such disclosure is relevant
1398+to the exercise of the authority granted in K.S.A. 74-5604a(b), and
1399+amendments thereto.
1400+(5) The following records may be disclosed to any person pursuant to
1401+the Kansas open records act:
7431402 (A) A record containing only:
7441403 (i) A police or law enforcement officer's name;
7451404 (ii) the name of a police or law enforcement officer's current
7461405 employer;
747-(iii) the police or law enforcement officer's dates of employment
748-with the police or law enforcement officer's current employer;
749-(iv) the name of previous law enforcement employers and the
750-dates of employment with each employer;
1406+(iii) the police or law enforcement officer's dates of employment with
1407+the police or law enforcement officer's current employer;
1408+(iv) the name of previous law enforcement employers and the dates of
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1452+employment with each employer;
7511453 (v) a summary of the trainings completed by the police or law
7521454 enforcement officer as reported to the commission; and
753-(vi) the status of the police or law enforcement officer's
754-certification under this act; and
1455+(vi) the status of the police or law enforcement officer's certification
1456+under this act; and
7551457 (B) statewide summary data without personally identifiable
7561458 information.
7571459 (6) The provisions of K.S.A. 45-221(a), and amendments thereto,
758-shall apply to any records disclosed pursuant to subsection (a)(4) or (a)
759-(5).
760-(b) The director shall provide forms for registration and shall
761-refuse any registration not submitted on such form in full detail.
762-(c) Within 30 days of appointment, election or termination, every
763-city, county and state agency, every school district and every
764-community college shall submit the name of any person appointed or
765-elected to or terminated from the position of police officer or law
766-enforcement officer within its jurisdiction.
1460+shall apply to any records disclosed pursuant to subsection (a)(4) or (a)(5).
1461+(b) The director shall provide forms for registration and shall refuse
1462+any registration not submitted on such form in full detail.
1463+(c) Within 30 days of appointment, election or termination, every city,
1464+county and state agency, every school district and every community
1465+college shall submit the name of any person appointed or elected to or
1466+terminated from the position of police officer or law enforcement officer
1467+within its jurisdiction.
7671468 (d) Upon termination, the agency head shall include a report
7681469 explaining the circumstances under which the officer resigned or was
769-terminated. Such termination report shall be available to the terminated HOUSE BILL No. 2395—page 13
1470+terminated. Such termination report shall be available to the terminated
7701471 officer and any law enforcement agency to which the terminated officer
771-later applies for a position as a police officer or law enforcement
772-officer. The terminated officer may submit a written statement in
773-response to the termination, and any such statement shall be included in
774-the registry file concerning such officer. The director shall adopt a
775-format for the termination report.
1472+later applies for a position as a police officer or law enforcement officer.
1473+The terminated officer may submit a written statement in response to the
1474+termination, and any such statement shall be included in the registry file
1475+concerning such officer. The director shall adopt a format for the
1476+termination report.
7761477 (e) The agency, agency head and any officer or employee of the
7771478 agency shall be absolutely immune from civil liability:
7781479 (1) For the report made in accordance with subsection (d); and
7791480 (2) when responding in writing to a written request concerning a
7801481 current or former officer from a prospective law enforcement agency of
781-that officer for the report made in accordance with subsection (d) and
782-for the disclosure of such report.
1482+that officer for the report made in accordance with subsection (d) and for
1483+the disclosure of such report.
7831484 Sec. 8. K.S.A. 75-7240 is hereby amended to read as follows: 75-
7841485 7240. The executive branch agency heads shall:
7851486 (a) Be solely responsible for security of all data and information
7861487 technology resources under such agency's purview, irrespective of the
7871488 location of the data or resources. Locations of data may include: (1)
7881489 Agency sites; (2) agency real property; (3) infrastructure in state data
7891490 centers; (4) third-party locations; and (5) in transit between locations;
7901491 (b) ensure that an agency-wide information security program is in
7911492 place;
7921493 (c) designate an information security officer to administer the
7931494 agency's information security program that reports directly to executive
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7941538 leadership;
795-(d) participate in CISO-sponsored statewide cybersecurity
796-program initiatives and services;
1539+(d) participate in CISO-sponsored statewide cybersecurity program
1540+initiatives and services;
7971541 (e) implement policies and standards to ensure that all the agency's
798-data and information technology resources are maintained in
799-compliance with applicable state and federal laws and rules and
800-regulations;
1542+data and information technology resources are maintained in compliance
1543+with applicable state and federal laws and rules and regulations;
8011544 (f) implement appropriate cost-effective safeguards to reduce,
8021545 eliminate or recover from identified threats to data and information
8031546 technology resources;
804-(g) include all appropriate cybersecurity requirements in the
805-agency's request for proposal specifications for procuring data and
806-information technology systems and services;
1547+(g) include all appropriate cybersecurity requirements in the agency's
1548+request for proposal specifications for procuring data and information
1549+technology systems and services;
8071550 (h) (1) submit a cybersecurity assessment report to the CISO by
808-October 16 of each even-numbered year, including an executive
809-summary of the findings, that assesses the extent to which a computer,
810-a computer program, a computer network, a computer system, a printer,
811-an interface to a computer system, including mobile and peripheral
812-devices, computer software, or the data processing of the agency or of a
813-contractor of the agency is vulnerable to unauthorized access or harm,
814-including the extent to which the agency's or contractor's electronically
815-stored information is vulnerable to alteration, damage, erasure or
816-inappropriate use;
817-(2) ensure that the agency conducts annual internal assessments of
818-its security program. Internal assessment results shall be considered
1551+October 16 of each even-numbered year, including an executive summary
1552+of the findings, that assesses the extent to which a computer, a computer
1553+program, a computer network, a computer system, a printer, an interface to
1554+a computer system, including mobile and peripheral devices, computer
1555+software, or the data processing of the agency or of a contractor of the
1556+agency is vulnerable to unauthorized access or harm, including the extent
1557+to which the agency's or contractor's electronically stored information is
1558+vulnerable to alteration, damage, erasure or inappropriate use;
1559+(2) ensure that the agency conducts annual internal assessments of its
1560+security program. Internal assessment results shall be considered
8191561 confidential and shall not be subject to discovery by or release to any
820-person or agency outside of the KISO or CISO. This provision
821-regarding confidentiality shall expire on July 1, 2023, unless the
822-legislature reviews and reenacts such provision pursuant to K.S.A. 45-
823-229, and amendments thereto, prior to July 1, 2023; and
1562+person or agency outside of the KISO or CISO. This provision regarding
1563+confidentiality shall expire on July 1, 2023, unless the legislature reviews
1564+and reenacts such provision pursuant to K.S.A. 45-229, and amendments
1565+thereto, prior to July 1, 2023; and
8241566 (3) prepare or have prepared a summary of the cybersecurity
8251567 assessment report required in paragraph (1), excluding information that
826-might put the data or information resources of the agency or its
827-contractors at risk and submit such report to the house of
828-representatives committee on government, technology and security or
829-its successor committee and the senate committee on ways and means;
1568+might put the data or information resources of the agency or its contractors
1569+at risk and submit such report to the house of representatives committee on
1570+government, technology and security or its successor committee and the
1571+senate committee on ways and means;
8301572 (i) participate in annual agency leadership training to ensure
8311573 understanding of: (1) The information and information systems that
832-support the operations and assets of the agency; (2) the potential impact
833-of common types of cyberattacks and data breaches on the agency's HOUSE BILL No. 2395—page 14
1574+support the operations and assets of the agency; (2) the potential impact of
1575+common types of cyberattacks and data breaches on the agency's
8341576 operations and assets; (3) how cyberattacks and data breaches on the
8351577 agency's operations and assets could impact the operations and assets of
8361578 other governmental entities on the state enterprise network; (4) how
8371579 cyberattacks and data breaches occur; (5) steps to be undertaken by the
838-executive director or agency head and agency employees to protect
839-their information and information systems; and (6) the annual reporting
1580+executive director or agency head and agency employees to protect their
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1624+information and information systems; and (6) the annual reporting
8401625 requirements required of the executive director or agency head; and
841-(j) ensure that if an agency owns, licenses or maintains
842-computerized data that includes personal information, confidential
843-information or information, the disclosure of which is regulated by law,
844-such agency shall, in the event of a breach or suspected breach of
845-system security or an unauthorized exposure of that information:
846-(1) Comply with the notification requirements set out in K.S.A.
847-2022 Supp. 50-7a01 et seq., and amendments thereto, and applicable
848-federal laws and rules and regulations, to the same extent as a person
849-who conducts business in this state; and
850-(2) not later than 48 hours after the discovery of the breach,
851-suspected breach or unauthorized exposure, notify: (A) The CISO; and
852-(B) if the breach, suspected breach or unauthorized exposure involves
853-election data, the secretary of state.
1626+(j) ensure that if an agency owns, licenses or maintains computerized
1627+data that includes personal information, confidential information or
1628+information, the disclosure of which is regulated by law, such agency
1629+shall, in the event of a breach or suspected breach of system security or an
1630+unauthorized exposure of that information:
1631+(1) Comply with the notification requirements set out in K.S.A. 2022
1632+Supp. 50-7a01 et seq., and amendments thereto, and applicable federal
1633+laws and rules and regulations, to the same extent as a person who
1634+conducts business in this state; and
1635+(2) not later than 48 hours after the discovery of the breach, suspected
1636+breach or unauthorized exposure, notify: (A) The CISO; and (B) if the
1637+breach, suspected breach or unauthorized exposure involves election data,
1638+the secretary of state.
8541639 Sec. 9. K.S.A. 75-7242 is hereby amended to read as follows: 75-
8551640 7242. Information collected to effectuate this act shall be considered
8561641 confidential by the executive branch agency and KISO unless all data
857-elements or information that specifically identifies a target,
858-vulnerability or weakness that would place the organization at risk have
859-been redacted, including: (a) System information logs; (b) vulnerability
860-reports; (c) risk assessment reports; (d) system security plans; (e)
861-detailed system design plans; (f) network or system diagrams; and (g)
862-audit reports. The provisions of this section shall expire on July 1,
863-2023, unless the legislature reviews and reenacts this provision
864-pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
865-2023.
866-Sec. 10. K.S.A. 9-512, 40-4308, 40-4350, 45-229, 65-177, 65-
867-28b08, 74-5611a, 75-7240 and 75-7242 are hereby repealed.
1642+elements or information that specifically identifies a target, vulnerability or
1643+weakness that would place the organization at risk have been redacted,
1644+including: (a) System information logs; (b) vulnerability reports; (c) risk
1645+assessment reports; (d) system security plans; (e) detailed system design
1646+plans; (f) network or system diagrams; and (g) audit reports. The
1647+provisions of this section shall expire on July 1, 2023, unless the
1648+legislature reviews and reenacts this provision pursuant to K.S.A. 45-229,
1649+and amendments thereto, prior to July 1, 2023.
1650+Sec. 10. K.S.A. 9-512, 40-4308, 40-4350, 45-229, 65-177, 65-28b08,
1651+74-5611a, 75-7240 and 75-7242 are hereby repealed.
8681652 Sec. 11. This act shall take effect and be in force from and after its
8691653 publication in the statute book.
870-I hereby certify that the above BILL originated in the
871-HOUSE, and passed that body
872-Speaker of the House.
873-Chief Clerk of the House.
874-
875-Passed the SENATE ______________________________________________________________________________
876-President of the Senate.
877-Secretary of the Senate.
878-APPROVED __________________________________________________________________________________________________
879-Governor.
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