KS
Kansas House Bill HB2531

Kansas 2023-2024 Regular Session

Kansas House Bill HB2531 Compare Versions

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1+Session of 2024
12 HOUSE BILL No. 2531
2-AN ACT establishing the Kansas purple alert plan; relating to public notice of missing
3-persons 18 years of age or older who have been diagnosed with an intellectual
4-disability and are in certain dangerous circumstances.
3+By Committee on Insurance
4+Requested by Eric Turek on behalf of the Kansas Insurance Department
5+1-18
6+AN ACT concerning insurance; relating to risk-based capital requirements;
7+updating the version of instructions in effect; amending K.S.A. 2023
8+Supp. 40-2c01 and repealing the existing section.
59 Be it enacted by the Legislature of the State of Kansas:
6-Section 1. (a) There is hereby established the Kansas purple alert
7-plan to provide public notice of a missing individual with intellectual or
8-developmental disabilities. The Kansas purple alert plan shall be
9-established and implemented by the office of the attorney general, in
10-collaboration with the Kansas bureau of investigation, Kansas highway
11-patrol, local law enforcement agencies and other public and private
12-agencies and organizations.
13-(b) Under the Kansas purple alert plan, public notice of a missing
14-individual may promptly be broadcast and a search may be timely
15-undertaken with the cooperation of local law enforcement, news media
16-and the general public in order to locate such individual in time to
17-avoid serious harm or death if such individual:
18-(1) Is 18 years of age or older;
19-(2) has been diagnosed with an intellectual disability;
20-(3) whose whereabouts are unknown;
21-(4) is believed to be in imminent danger of serious bodily injury or
22-death because of such disability; and
23-(5) is believed to be unable to return to safety without assistance.
24-Sec. 2. This act shall take effect and be in force from and after its
10+Section 1. K.S.A. 2023 Supp. 40-2c01 is hereby amended to read as
11+follows: 40-2c01. As used in this act:
12+(a) "Adjusted RBC report" means an RBC report that has been
13+adjusted by the commissioner in accordance with K.S.A. 40-2c04, and
14+amendments thereto.
15+(b) "Corrective order" means an order issued by the commissioner
16+specifying corrective actions that the commissioner has determined are
17+required to address an RBC level event.
18+(c) "Domestic insurer" means any insurance company or risk
19+retention group that is licensed and organized in this state.
20+(d) "Foreign insurer" means any insurance company or risk retention
21+group not domiciled in this state that is licensed or registered to do
22+business in this state pursuant to article 41 of chapter 40 of the Kansas
23+Statutes Annotated, and amendments thereto, or K.S.A. 40-209, and
24+amendments thereto.
25+(e) "NAIC" means the national association of insurance
26+commissioners.
27+(f) "Life and health insurer" means any insurance company licensed
28+under article 4 or 5 of chapter 40 of the Kansas Statutes Annotated, and
29+amendments thereto, or a licensed property and casualty insurer writing
30+only accident and health insurance.
31+(g) "Property and casualty insurer" means any insurance company
32+licensed under articles 9, 10, 11, 12, 12a, 15 or 16 of chapter 40 of the
33+Kansas Statutes Annotated, and amendments thereto, but does not include
34+monoline mortgage guaranty insurers, financial guaranty insurers and title
35+insurers.
36+(h) "Negative trend" means, with respect to a life and health insurer, a
37+negative trend over a period of time, as determined in accordance with the
38+"trend test calculation" included in the RBC instructions defined in
39+subsection (j).
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75+(i) "RBC" means risk-based capital.
76+(j) "RBC instructions" means the risk-based capital instructions
77+promulgated by the NAIC that are in effect on December 31, 2022 2023,
78+or any later version promulgated by the NAIC as may be adopted by the
79+commissioner under K.S.A. 40-2c29, and amendments thereto.
80+(k) "RBC level" means an insurer's company action level RBC,
81+regulatory action level RBC, authorized control level RBC or mandatory
82+control level RBC where:
83+(1) "Company action level RBC" means, with respect to any insurer,
84+the product of 2.0 and its authorized control level RBC;
85+(2) "regulatory action level RBC" means the product of 1.5 and its
86+authorized control level RBC;
87+(3) "authorized control level RBC" means the number determined
88+under the risk-based capital formula in accordance with the RBC
89+instructions; and
90+(4) "mandatory control level RBC" means the product of 0.70 and the
91+authorized control level RBC.
92+(l) "RBC plan" means a comprehensive financial plan containing the
93+elements specified in K.S.A. 40-2c06, and amendments thereto. If the
94+commissioner rejects the RBC plan, and it is revised by the insurer, with or
95+without the commissioner's recommendation, the plan shall be called the
96+"revised RBC plan."
97+(m) "RBC report" means the report required by K.S.A. 40-2c02, and
98+amendments thereto.
99+(n) "Total adjusted capital" means the sum of:
100+(1) An insurer's capital and surplus or surplus only if a mutual
101+insurer; and
102+(2) such other items, if any, as the RBC instructions may provide.
103+(o) "Commissioner" means the commissioner of insurance.
104+Sec. 2. K.S.A. 2023 Supp. 40-2c01 is hereby repealed.
105+Sec. 3. This act shall take effect and be in force from and after its
25106 publication in the statute book.
26-I hereby certify that the above BILL originated in the HOUSE, and was
27-adopted by that body
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29-HOUSE adopted
30-Conference Committee Report
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32-Speaker of the House.
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34-Chief Clerk of the House.
35-Passed the SENATE
36- as amended
37-SENATE adopted
38-Conference Committee Report
39-
40-President of the Senate.
41-
42-Secretary of the Senate.
43-APPROVED
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45-
46-Governor.
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