Kansas 2025 2025-2026 Regular Session

Kansas Senate Bill SB20 Comm Sub / Analysis

Filed 02/27/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 20
As Amended by House Committee on Insurance
Brief*
SB 20, as amended, would grant the Commissioner of 
Insurance (Commissioner) the ability to decrease the number 
of appointed board members on certain boards that fall under 
the Commissioner’s appointing authority. The bill would 
remove the requirements for the Committee on Surety Bonds 
and Insurance to meet at least once per month and that the 
meetings be held in the office of the Commissioner. 
The bill would also make technical changes. 
The bill would be in effect upon publication in the 
Kansas Register.
Board Membership
The bill would provide for a reduction in membership for 
four governing boards under the jurisdiction of the 
Commissioner, including:
●The governing board for the Kansas Automobile 
and Motor Vehicle Bodily Injury and Property 
Damage Liability Insurance Plan;
●The Kansas Workers Compensation and 
Employer’s Liability Insurance Plan Governing 
Board;
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
https://klrd.gov/ ●The governing board for the Kansas Automobile 
Assigned Claims Plan for personal injury protection 
benefits; and 
●The Health Care Provider Insurance Availability 
Plan Board of Directors.
For each governing board, with the exception of the 
Kansas Automobile Assigned Claims Plan, the bill would 
provide for the terms of members appointed and serving on 
the governing board as of July 1, 2025, to expire on 
December 31, 2025. 
Kansas Automobile and Motor Vehicle Bodily Injury and 
Property Damage Liability Insurance Plan
The bill would provide for a reduction in membership for 
the governing board of the Kansas Automobile and Motor 
Vehicle Bodily Injury and Property Damage Liability Insurance 
Plan from nine members to five members. 
The Commissioner would appoint a governing board for 
the plan, which would serve on and after January 1, 2026, 
and would have the same duties and functions as its 
predecessor. On and after January 1, 2026, the members of 
the governing board would serve three-year terms, except 
that members would be removable by the Commissioner for 
inefficiency, neglect of duty, or malfeasance. The governing 
board would consist of five members to be appointed as 
follows:
●Three members would be representatives of 
insurers;
●One member would be a representative of 
independent insurance agents; and
●One member would be a representative of the 
general public.
2- 20 In making appointments to the governing board, the 
Commissioner would consider if foreign and domestic 
insurers are fairly represented. [Note: A domestic insurer is 
an insurance company formed under the laws of the State of 
Kansas. A foreign insurer is an insurance company formed 
under the laws of a state other than Kansas.]
Kansas Workers Compensation and Employer’s Liability 
Insurance Plan Governing Board
The bill would provide for a reduction in membership for 
the Kansas Workers Compensation and Employer’s Liability 
Insurance Plan Governing Board from nine members to 
seven members. 
The Commissioner would appoint a governing board 
that would serve on and after January 1, 2026, and would 
have the same duties and functions as its predecessor. On 
and after January 1, 2026, the members of the Kansas 
Workers Compensation and Employer’s Liability Insurance 
Plan Governing Board would serve three-year terms, except 
that members would be removable by the Commissioner for 
inefficiency, neglect of duty, or malfeasance. The governing 
board would consist of seven members to be appointed as 
follows:
●Four members would be representatives of 
insurance companies;
●Two members would be representatives of licensed 
insurance agents; and
●One member would be a representative of the 
general public.
In making appointments to the governing board, the 
Commissioner would consider if foreign and domestic 
insurers are fairly represented.
3- 20 Kansas Automobile Assigned Claims Plan
The bill would state that on and after January 1, 2026, 
the governing committee for the Kansas Automobile Assigned 
Claims Plan for personal injury protection benefits would 
consist of five members, who would be removable by the 
Commissioner for inefficiency, neglect of duty, or 
malfeasance. [Note: KAR 40-3-35 provides for the 
appointment of nine members.] Members would be appointed 
as follows:
●Three members would be representatives of 
insurers;
●One member would be a representative of 
independent insurance agents; and
●One member would be a representative of the 
general public. 
The Commissioner would be required to consider 
whether foreign and domestic insurers are fairly represented 
in selecting the members.
[Note: Effective January 1, 2024, the Kansas Automobile 
Assigned Claims Plan is now managed by AIPSO, a national, 
not-for-profit corporation formed by the insurance industry to 
provide services to automobile insurance residual markets 
throughout the country.]
Health Care Provider Insurance Availability Plan Board of 
Directors
The bill would provide for a reduction in membership for 
the Health Care Provider Insurance Availability Plan Board of 
Directors from nine members to five members. 
The Commissioner would appoint a governing board 
that would serve on and after January 1, 2026, and would 
have the same duties and functions as its predecessor. On 
4- 20 and after January 1, 2026, the members of the Health Care 
Provider Insurance Availability Plan Governing Board would 
serve four-year terms, except that members would be 
removable by the Commissioner for inefficiency, neglect of 
duty, or malfeasance. The governing board would consist of 
five members to be appointed as follows:
●One member would be a representative of foreign 
insurers;
●One member would be a representative of 
domestic insurers;
●One member would be a health care provider;
●One member would be a licensed insurance agent 
engaged in the solicitation of casualty insurance; 
and
●One member would be the chairperson of the 
Governing Board or the chairperson’s designee.
Board Meetings
The bill would remove the requirements for the 
Committee on Surety Bonds and Insurance to meet at least 
once per month and that the meetings be held in the office of 
the Commissioner. Meetings would remain at the call of the 
Chair.
Background
The bill was introduced by the Senate Committee on 
Financial Institutions and Insurance at the request of a 
representative of the Kansas Insurance Department 
(Department).
[Note: A similar bill, HB 2045, has been introduced in the 
House.]
5- 20 Senate Committee on Financial Institutions and 
Insurance
In the Senate Committee hearing, a representative of 
the Department provided proponent testimony, stating 
reductions in board membership under the Commissioner’s 
jurisdiction would result in efficiencies and cost savings by 
bringing the boards in line with what is necessary to conduct 
their business. The conferee also stated allowing the 
Commissioner to remove appointed board members for 
inefficiency, neglect of duty, or malfeasance would bring the 
statutes to industry standard and protect the boards and the 
Department from behavior that deviates from their mission.
No other testimony was provided.
House Committee on Insurance
In the House Committee hearing, no testimony was 
provided.
The House Committee amended the bill to change the 
effective date to be upon publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, the Department states 
that enactment of the bill would not have a fiscal effect.
Insurance; board membership; meetings; Commissioner of Insurance
6- 20