Kansas 2025-2026 Regular Session

Kansas Senate Bill SB42 Latest Draft

Bill / Enrolled Version Filed 04/10/2025

                            SENATE BILL No. 42
AN ACT concerning insurance; relating to the regulation and oversight thereof; providing 
for the establishment of a web-based online insurance verification system for the 
verification of evidence of motor vehicle liability insurance; eliminating the 
requirement that the commissioner of insurance submit certain reports to the 
governor; requiring that certain reports be available on the insurance department's 
website; removing certain entities from the definition of person for the purpose of 
enforcing insurance law; requiring that third-party administrators maintain separate 
fiduciary accounts for individual payors and prohibiting the commingling of the 
funds held on behalf of multiple payors; requiring the disclosure to the commissioner 
of insurance of any bankruptcy petition filed by or on behalf of such administrator 
pursuant to the United States bankruptcy code; requiring title agents to make their 
reports available for inspection upon request of the commissioner of insurance 
instead of submitting such reports annually; standardizing the amount of surety bonds 
filed with the commissioner of insurance at $100,000; eliminating the small business 
exemption in certain counties; amending K.S.A. 8-173, 40-108, 40-1139, 40-2253, 
40-3807 and 40-3809 and K.S.A. 2024 Supp. 40-2,125, 40-1137 and 40-2404 and 
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 10, and amendments 
thereto, shall be known and may be cited as the Kansas real time motor 
vehicle insurance verification act.
(b) As used in this act:
(1) "Act" means the Kansas real time motor vehicle insurance 
verification act.
(2) "Commercial vehicle coverage" means any coverage provided 
to an insured, regardless of number of vehicles covered, under a 
commercial coverage form and rated from a commercial manual 
approved by the department.
(3) "Commissioner" means the commissioner of insurance.
(4) "Department" means the Kansas insurance department.
(5) "Insurance verification system" means the web-based system 
for online verification of motor vehicle liability insurance.
(6) "KDOR" means the Kansas department of revenue.
New Sec. 2. (a) The commissioner shall establish a web-based 
system for online verification of motor vehicle insurance and require 
motor vehicle insurers to establish functionality for such system, as 
specified in this act. Implementation of the insurance verification 
system, including any exceptions as provided for in this act, supersedes 
any existing motor vehicle liability insurance verification system 
requirements and shall be the sole electronic system used for the 
purpose of verifying motor vehicle liability insurance as required by the 
laws of Kansas.
(b) The commissioner shall adopt such reasonable rules and 
regulations as are necessary to effectuate the provisions of this act.
New Sec. 3. The insurance verification system shall:
(a) (1) Transmit requests to insurers for verification of motor 
vehicle liability insurance via web services established by the insurers 
in compliance with specifications and standards prescribed by the 
commissioner in rules and regulations; and
(2) insurance company systems shall respond to each request for 
verification of motor vehicle liability insurance with a prescribed 
response upon evaluation of the data provided in such request;
(b) include appropriate provisions to secure its data against 
unauthorized access in accordance with applicable data privacy 
protection laws;
(c) be used for verification of motor vehicle liability insurance as 
prescribed by the laws of Kansas and shall be accessible to authorized 
personnel of the department, KDOR division of vehicles, the courts, 
law enforcement agencies and other entities authorized by state or 
federal privacy laws;
(d) be interfaced, wherever appropriate, with existing state 
systems; and SENATE BILL No. 42—page 2
(e) include information that shall enable authorized personnel to 
make inquiries of insurers of motor vehicle liability insurance by using 
multiple data elements for greater matching accuracy. Such information 
shall be limited to:
(1) Insurer national association of insurance commissioners 
company code number;
(2) vehicle identification number;
(3) policy number;
(4) verification date; or
(5) any other information required by the commissioner or KDOR 
to operate the insurance verification system.
New Sec. 4. The commissioner may conduct a competitive bid 
and contract with a private service provider that has successfully 
implemented similar systems in other states to assist in establishing, 
implementing and maintaining the insurance verification system.
New Sec. 5. The department shall provide funding for the 
implementation, ongoing maintenance and enhancement of the 
insurance verification system created by this act from the insurance 
department regulation service fund, established under K.S.A. 40-112, 
and amendments thereto.
New Sec. 6. (a) Insurers shall cooperate with the commissioner 
and KDOR in establishing and maintaining the insurance verification 
system and provide motor vehicle insurance policy status information 
as provided in rules and regulations established by the commissioner.
(b) Insurer systems shall be permitted reasonable system 
downtime for maintenance and other work with advance notice to 
KDOR. Insurers shall not be subject to enforcement fees or other 
penalties under such circumstances or when systems are unavailable 
because of emergency, outside attack or other unexpected outages not 
planned by the insurer and that are reasonably outside its control as 
determined by KDOR.
(c) Each property and casualty insurance company that is licensed 
to issue motor vehicle liability insurance or is authorized to do business 
in Kansas shall provide verification of liability insurance for every 
motor vehicle insured in Kansas by such company as required by this 
act.
(d) This act shall not apply to vehicles insured under commercial 
motor vehicle coverage, except that insurers of such vehicles may 
participate on a voluntary basis.
(e) Insurers shall not be required to verify evidence of insurance 
for vehicles registered in other jurisdictions.
(f) Insurers shall be immune from civil and administrative liability 
for good faith efforts to comply with the terms of this act.
(g) Nothing in this section shall prohibit an insurer from using the 
services of a third-party vendor to facilitate the insurance verification 
program required by this act.
New Sec. 7. The commissioner may establish, through rules and 
regulations, an alternative method for verifying motor vehicle liability 
insurance for insurers that insure 1,000 or fewer vehicles within 
Kansas.
New Sec. 8. All information and data provided by insurance 
companies to the insurance verification system, and all reports, 
responses or other information generated for the purposes of the 
insurance verification system shall be confidential by law and 
privileged, shall not be subject to the open records act, K.S.A. 45-215, 
and amendments thereto, and shall not be subject to discovery or 
admissible as evidence in any private civil action.
New Sec. 9. The insurance verification system shall be fully 
operational not later than July 1, 2026, following an appropriate testing  SENATE BILL No. 42—page 3
period of not less than nine months. No enforcement action shall be 
taken based on information obtained from the insurance verification 
system until such system has successfully completed the testing period.
New Sec. 10. Establishing compliance with the provisions of 
K.S.A. 40-3104, and amendments thereto, through the insurance 
verification system shall not be the primary cause for law enforcement 
to stop a vehicle.
Sec. 11. K.S.A. 8-173 is hereby amended to read as follows: 8-
173. (a) An application for registration of a vehicle as provided in 
article 1 of chapter 8 of the Kansas Statutes Annotated, and 
amendments thereto, shall not be accepted unless the person making 
such application shall exhibit:
(1) A receipt showing that such person has paid all personal 
property taxes levied against such person for the preceding year, 
including taxes upon such vehicle, except that if such application is 
made before May 11, such receipt need show payment of only one-half 
1
/2 the preceding year's tax; or
(2) evidence that such vehicle was assessed for taxation purposes 
by a state agency, or was assessed as stock in trade of a merchant or 
manufacturer or was exempt from taxation under the laws of this state.
(b) An application for registration of a vehicle as provided in 
article 1 of chapter 8 of the Kansas Statutes Annotated, and 
amendments thereto, shall not be accepted if the records of the county 
treasurer show that the applicant is delinquent and owes personal 
property taxes levied against the applicant for any preceding year.
(c) An original application for registration of a motor vehicle shall 
not be accepted until the applicant signs a certification, provided by the 
director of motor vehicles, certifying that the applicant has and will 
maintain, during the period of registration, the required insurance, self-
insurance or other financial security required pursuant to K.S.A. 40-
3104, and amendments thereto.
(d) An application for registration or renewal of registration of a 
vehicle shall not be accepted if the applicant is unable to provide proof 
of the insurance, self-insurance or other financial security required by 
article 31 of chapter 40 of the Kansas Statutes Annotated, and 
amendments thereto. Proof of insurance shall be verified by 
examination of the insurance card or other documentation issued by an 
insurance company, a certificate of self-insurance issued by the 
commissioner, a binder of insurance, a certificate of insurance, a motor 
carrier identification number issued by the state corporation 
commission, proof of insurance for vehicles covered under a fleet 
policy, a commercial policy covering more than one vehicle or a policy 
of insurance required by K.S.A. 40-3104, and amendments thereto, and 
for vehicles used as part of a drivers education program, a dealership 
contract and a copy of a motor vehicle liability insurance policy issued 
to a school district or accredited nonpublic school. Examination of a 
photocopy, facsimile or an image displayed on a cellular phone or any 
other type of portable electronic device of any of these documents shall 
suffice for verification of registration or renewal. Any person to whom 
such image of proof of insurance, self-insurance or other financial 
security required by article 31 of chapter 40 of the Kansas Statutes 
Annotated, and amendments thereto, is displayed, shall view only such 
image displayed on such cellular phone or other portable electronic 
device. Such person shall be prohibited from viewing any other content 
or information stored on such cellular phone or other portable 
electronic device. Proof of insurance may also be verified on-line 
online or electronically, in accordance with the provisions of the 
Kansas real time insurance verification act and sections 1 through 9, 
and amendments thereto, and the commissioner of insurance may  SENATE BILL No. 42—page 4
require, by duly adopted rules and regulations, any motor vehicle 
liability insurance company authorized to do business in this state to 
provide verification of insurance in that manner. Any motor vehicle 
liability insurance company which is providing verification of 
insurance on-line or electronically on the day preceding the effective 
date of this act may continue to do so in the same manner and shall be 
deemed to be in compliance with this section.
(e) On and after January 1, 2018, An application for registration or 
renewal of registration of a vehicle shall not be accepted, if the records 
of the division show that after three attempts by the Kansas turnpike 
authority to contact the registered owner, including at least one 
registered letter, the registered owner of such vehicle has unpaid tolls 
and that the director of the Kansas turnpike authority or the director's 
designee has instructed the division to refuse to accept the registration 
or renewal of registration, pursuant to K.S.A. 68-2020a, and 
amendments thereto, unless the owner or registered owner makes 
payment to the county treasurer at the time of registration or renewal of 
registration. Of such moneys collected, 15% shall be retained by the 
county treasurer and the remainder shall be remitted to the Kansas 
turnpike authority.
Sec. 12. K.S.A. 40-108 is hereby amended to read as follows: 40-
108. The commissioner of insurance shall make an annual report to the 
governor of the general conduct and condition of the insurance 
companies, including fraternal benefit societies, doing business in this 
state. The commissioner of insurance shall make an annual report of 
the general conduct and condition of the insurance companies, 
including fraternal benefit societies, doing business in this state and 
shall publish such report on the department's website. The 
commissioner of insurance shall keep and preserve in a permanent form 
a full record of the commissioner's proceedings, including a concise 
statement of the condition of each company reported, visited or 
examined by the commissioner.
Sec. 13. K.S.A. 2024 Supp. 40-2,125 is hereby amended to read as 
follows: 40-2,125. (a) If the commissioner determines after notice and 
opportunity for a hearing that any person has engaged or is engaging in 
any act or practice constituting a violation of any provision of Kansas 
insurance statutes or any rule and regulation or order thereunder, the 
commissioner may, in the exercise of discretion, order any one or more 
of the following:
(1) Payment of a monetary penalty of not more than $1,000 for 
each and every act or violation, unless the person knew or reasonably 
should have known that such person was in violation of the Kansas 
insurance statutes or any rule and regulation or order thereunder, in 
which case the penalty shall be not more than $2,000 for each and 
every act or violation;
(2) suspension or revocation of the person's license or certificate if 
such person knew or reasonably should have known that such person 
was in violation of the Kansas insurance statutes or any rule and 
regulation or order thereunder; or
(3) that such person cease and desist from the unlawful act or 
practice and take such affirmative action as that, in the judgment of the 
commissioner, will carry out the purposes of the violated or potentially 
violated provision.
(b) If any person fails to file any report or other information with 
the commissioner as required by statute or fails to respond to any 
proper inquiry of the commissioner, the commissioner, after notice and 
opportunity for hearing, may impose a civil penalty of up to $1,000, for 
each violation or act, along with an additional penalty of up to $500 for 
each week thereafter that such report or other information is not  SENATE BILL No. 42—page 5
provided to the commissioner.
(c) If the commissioner makes written findings of fact that there is 
a situation involving an immediate danger to the public health, safety or 
welfare or the public interest will be irreparably harmed by delay in 
issuing an order under subsection (a)(3), the commissioner may issue 
an emergency temporary cease and desist order. Such order, even when 
not an order within the meaning of K.S.A. 77-502, and amendments 
thereto, shall be subject to the same procedures as an emergency order 
issued under K.S.A. 77-536, and amendments thereto. Upon the entry 
of such an order, the commissioner shall promptly notify the person 
subject to the order that: (1) It Such order has been entered; (2) the 
reasons therefor; and (3) that upon written request within 15 days after 
service of the order, the matter will be set for a hearing, which shall be 
conducted in accordance with the provisions of the Kansas 
administrative procedure act. If no hearing is requested and none is 
ordered by the commissioner, the order will remain in effect until it is 
modified or vacated by the commissioner. If a hearing is requested or 
ordered, the commissioner, after notice of and opportunity for hearing 
to the person subject to the order, shall, by written findings of fact and 
conclusions of law vacate, modify or make permanent the order.
(d) For purposes of this section:
(1) "Person" means any individual, corporation, association, 
partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal 
benefit society and any other legal entity engaged in the business of 
insurance, rating organization, third party administrator, nonprofit 
dental service corporation, nonprofit medical and hospital service 
corporation, automobile club, premium financing company, health 
maintenance organization, insurance holding company, mortgage 
guaranty insurance company, risk retention or purchasing group, 
prepaid legal and dental service plan, captive insurance company, 
automobile self-insurer or reinsurance intermediary and any other legal 
entity under the jurisdiction of the commissioner. The term "person" 
does not include insurance agents and brokers as such terms are defined 
in K.S.A. 40-4902, and amendments thereto.
(2) "Commissioner" means the commissioner of insurance of this 
state.
Sec. 14. On and after January 1, 2026, K.S.A. 2024 Supp. 40-1137 
is hereby amended to read as follows: 40-1137. A title insurance agent 
may operate as an escrow, settlement or closing agent, provided that:
(a) All funds deposited with the title insurance agent in connection 
with an escrow, settlement or closing shall be submitted for collection 
to, invested in or deposited in a separate fiduciary trust account or 
accounts in a qualified financial institution no later than the close of the 
next business day, in accordance with the following requirements:
(1) The funds shall be the property of the person or persons 
entitled to them under the provisions of the escrow, settlement or 
closing agreement and shall be segregated for each depository by 
escrow, settlement or closing in the records of the title insurance agent 
in a manner that permits the funds to be identified on an individual 
basis;
(2) the funds shall be applied only in accordance with the terms of 
the individual instructions or agreements under which the funds were 
accepted; and
(3) an agent shall not retain any interest on any money held in an 
interest-bearing account without the written consent of all parties to the 
transaction.
(b) Funds held in an escrow account shall be disbursed only:
(1) Pursuant to written authorization of buyer and seller;
(2) pursuant to a court order; or SENATE BILL No. 42—page 6
(3) when a transaction is closed according to the agreement of the 
parties.
(c) A title insurance agent shall not commingle the agent's 
personal funds or other moneys with escrow funds. In addition, the 
agent shall not use escrow funds to pay or to indemnify against the 
debts of the agent or of any other party. The escrow funds shall be used 
only to fulfill the terms of the individual escrow and none of the funds 
shall be utilized until the necessary conditions of the escrow have been 
met. All funds deposited for real estate closings, including closings 
involving refinances of existing mortgage loans, which exceed $2,500 
shall be in one of the following forms:
(1) Lawful money of the United States;
(2) wire transfers such that the funds are unconditionally received 
by the title insurance agent or the agent's depository;
(3) cashier's checks, certified checks, teller's checks or bank 
money orders issued by a federally insured financial institution and 
unconditionally held by the title insurance agent;
(4) funds received from governmental entities, federally chartered 
instrumentalities of the United States or drawn on an escrow account of 
a real estate broker licensed in the state or drawn on an escrow account 
of a title insurer or title insurance agent licensed to do business in the 
state;
(5) other negotiable instruments that have been on deposit in the 
escrow account at least 10 days; or
(6) a real-time or instant payment through the FedNow service 
operated by the federal reserve banks or the clearing house payment 
company's real-time payments (RTP) system.
(d) Each title insurance agent shall have an annual audit made of 
its escrow, settlement and closing deposit accounts, conducted by a 
certified public accountant or by a title insurer for which the title 
insurance agent has a licensing agreement. The title insurance agent 
shall provide a copy of the audit report to the commissioner within 30 
days after the close of the calendar year for which an audit is required 
upon request. Title insurance agents who are attorneys and who issue 
title insurance policies as part of their legal representation of clients are 
exempt from the requirements of this subsection. However, the title 
insurer, at its expense, may conduct or cause to be conducted an annual 
audit of the escrow, settlement and closing accounts of the attorney. 
Attorneys who are exclusively in the business of title insurance are not 
exempt from the requirements of this subsection.
(e) The commissioner may promulgate rules and regulations 
setting forth the standards of the audit and the form of audit report 
required.
(f) If the title insurance agent is appointed by two or more title 
insurers and maintains fiduciary trust accounts in connection with 
providing escrow and closing settlement services, the title insurance 
agent shall allow each title insurer reasonable access to the accounts 
and any or all of the supporting account information in order to 
ascertain the safety and security of the funds held by the title insurance 
agent.
(g) Nothing in this section is intended to amend, alter or supersede 
other laws of this state or the United States, regarding an escrow 
holder's duties and obligations.
Sec. 15. On and after January 1, 2026, K.S.A. 40-1139 is hereby 
amended to read as follows: 40-1139. (a) The A title insurance agent 
who that handles escrow, settlement or closing accounts shall file with 
the commissioner a $100,000 surety bond or irrevocable letter of credit 
in a form acceptable to the commissioner,. Such surety bond or 
irrevocable letter of credit shall be issued by an insurance company or  SENATE BILL No. 42—page 7
financial institution that is authorized to conduct business in this state, 
securing the applicant's or the title insurance agent's faithful 
performance of all duties and obligations set out in K.S.A. 40-1135 
through 40-1141, and amendments thereto.
(b) The terms of the bond or irrevocable letter of credit shall be:
(1) The surety bond shall provide that such bond may not be 
terminated without 30 days prior written notice to the commissioner.
(2) An(c) The irrevocable letter of credit shall:
(1) Be issued by a bank which that is insured by the federal 
deposit insurance corporation or its successor if such letter of credit is ; 
and
(2) initially be issued for a term of at least one year and by its 
terms is automatically renewed at each expiration date for at least an 
additional one-year term unless at least 30 days prior written notice of 
intention not to renew is given provided to the commissioner of 
insurance.
(c) The amount of the surety bond or irrevocable letter of credit 
for those agents servicing real estate transactions on property located in 
counties having a certain population shall be required as follows:
(1) $100,000 surety bond or irrevocable letter of credit in counties 
having a population of 40,001 and over;
(2) $50,000 surety bond or irrevocable letter of credit in counties 
having a population of 20,001 to 40,000; and
(3) $25,000 surety bond or irrevocable letter of credit in counties 
having a population of 20,000 or under.
(d) The surety bond or irrevocable letter of credit shall be for the 
benefit of any person suffering a loss if the title insurance agent 
converts or misappropriates money received or held in escrow, deposit 
or trust accounts while acting as a title insurance agent providing any 
escrow or settlement services.
Sec. 16. K.S.A. 2024 Supp. 40-2404 is hereby amended to read as 
follows: 40-2404. The following are hereby defined as unfair methods 
of competition and unfair or deceptive acts or practices in the business 
of insurance:
(1) Misrepresentations and false advertising of insurance policies. 
Making, issuing, circulating or causing to be made, issued or circulated, 
any estimate, illustration, circular, statement, sales presentation, 
omission or comparison that:
(a) Misrepresents the benefits, advantages, conditions or terms of 
any insurance policy;
(b) misrepresents the dividends or share of the surplus to be 
received on any insurance policy;
(c) makes any false or misleading statements as to the dividends or 
share of surplus previously paid on any insurance policy;
(d) is misleading or is a misrepresentation as to the financial 
condition of any person, or as to the legal reserve system upon which 
any life insurer operates;
(e) uses any name or title of any insurance policy or class of 
insurance policies misrepresenting the true nature thereof;
(f) is a misrepresentation for the purpose of inducing or tending to 
induce the lapse, forfeiture, exchange, conversion or surrender of any 
insurance policy;
(g) is a misrepresentation for the purpose of effecting a pledge or 
assignment of or effecting a loan against any insurance policy; or
(h) misrepresents any insurance policy as being shares of stock.
(2) False information and advertising generally. Making, 
publishing, disseminating, circulating or placing before the public, or 
causing, directly or indirectly, to be made, published, disseminated, 
circulated or placed before the public, in a newspaper, magazine or  SENATE BILL No. 42—page 8
other publication, or in the form of a notice, circular, pamphlet, letter or 
poster, or over any radio or television station, or in any other way, an 
advertisement, announcement or statement containing any assertion, 
misrepresentation or statement with respect to the business of insurance 
or with respect to any person in the conduct of such person's insurance 
business, that is untrue, deceptive or misleading.
(3) Defamation. Making, publishing, disseminating or circulating, 
directly or indirectly, or aiding, abetting or encouraging the making, 
publishing, disseminating or circulating of any oral or written statement 
or any pamphlet, circular, article or literature that is false, or 
maliciously critical of or derogatory to the financial condition of any 
person, and that is calculated to injure such person.
(4) Boycott, coercion and intimidation. Entering into any 
agreement to commit, or by any concerted action committing, any act 
of boycott, coercion or intimidation resulting in or tending to result in 
unreasonable restraint of the business of insurance, or by any act of 
boycott, coercion or intimidation monopolizing or attempting to 
monopolize any part of the business of insurance.
(5) False statements and entries. (a) Knowingly filing with any 
supervisory or other public official, or knowingly making, publishing, 
disseminating, circulating or delivering to any person, or placing before 
the public, or knowingly causing directly or indirectly, to be made, 
published, disseminated, circulated, delivered to any person, or placed 
before the public, any false material statement of fact as to the financial 
condition of a person.
(b) Knowingly making any false entry of a material fact in any 
book, report or statement of any person or knowingly omitting to make 
a true entry of any material fact pertaining to the business of such 
person in any book, report or statement of such person.
(6) Stock operations and advisory board contracts. Issuing or 
delivering or permitting agents, officers or employees to issue or 
deliver, agency company stock or other capital stock, or benefit 
certificates or shares in any common-law corporation, or securities or 
any special or advisory board contracts or other contracts of any kind 
promising returns and profits as an inducement to insurance. Nothing 
herein shall prohibit the acts permitted by K.S.A. 40-232, and 
amendments thereto.
(7) Unfair discrimination. (a) Making or permitting any unfair 
discrimination between individuals of the same class and equal 
expectation of life in the rates charged for any contract of life insurance 
or life annuity or in the dividends or other benefits payable thereon, or 
in any other of the terms and conditions of such contract.
(b) Making or permitting any unfair discrimination between 
individuals of the same class and of essentially the same hazard in the 
amount of premium, policy fees or rates charged for any policy or 
contract of accident or health insurance or in the benefits payable 
thereunder, or in any of the terms or conditions of such contract, or in 
any other manner whatever.
(c) Refusing to insure, or refusing to continue to insure, or limiting 
the amount, extent or kind of coverage available to an individual, or 
charging an individual a different rate for the same coverage solely 
because of blindness or partial blindness. With respect to all other 
conditions, including the underlying cause of the blindness or partial 
blindness, persons who are blind or partially blind shall be subject to 
the same standards of sound actuarial principles or actual or reasonably 
anticipated experience as are sighted persons. Refusal to insure 
includes denial by an insurer of disability insurance coverage on the 
grounds that the policy defines "disability" as being presumed in the 
event that the insured loses such person's eyesight. However, an insurer  SENATE BILL No. 42—page 9
may exclude from coverage disabilities consisting solely of blindness 
or partial blindness when such condition existed at the time the policy 
was issued.
(d) Refusing to insure, or refusing to continue to insure, or 
limiting the amount, extent or kind of coverage available for accident 
and health and life insurance to an applicant who is the proposed 
insured or charge, charging a different rate for the same coverage or, 
excluding or limiting coverage for losses or denying a claim incurred 
by an insured as a result of abuse based on the fact that the applicant 
who, is the proposed insured, is, has been, or may be the subject of 
domestic abuse, except as provided in subsection (7)(d)(v). "Abuse" As 
used in this paragraph, "abuse" means one or more acts defined in 
K.S.A. 60-3102, and amendments thereto, between family members, 
current or former household members, or current or former intimate 
partners.
(i) An insurer may shall not ask an applicant for life or accident 
and health insurance who is the proposed insured if the individual is, 
has been or may be the subject of domestic abuse, or seeks, has sought 
or had reason to seek medical or psychological treatment or counseling 
specifically for abuse, protection from abuse or shelter from abuse.
(ii) Nothing in this section shall be construed to prohibit a person 
from declining to issue an insurance policy insuring the life of an 
individual who is, has been or has the potential to be the subject of 
abuse if the perpetrator of the abuse is the applicant or would be the 
owner of the insurance policy.
(iii) No insurer that issues a life or accident and health policy to an 
individual who is, has been or may be the subject of domestic abuse 
shall be subject to civil or criminal liability for the death or any injuries 
suffered by that individual as a result of domestic abuse.
(iv) No person shall refuse to insure, refuse to continue to insure, 
limit the amount, extent or kind of coverage available to an individual 
or charge a different rate for the same coverage solely because of 
physical or mental condition, except where the refusal, limitation or 
rate differential is based on sound actuarial principles.
(v) Nothing in this section shall be construed to prohibit a person 
from underwriting or rating a risk on the basis of a preexisting physical 
or mental condition, even if such condition has been caused by abuse, 
provided that:
(A) The person routinely underwrites or rates such condition in 
the same manner with respect to an insured or an applicant who is not a 
victim of abuse;
(B) the fact that an individual is, has been or may be the subject of 
abuse may not be considered a physical or mental condition; and
(C) such underwriting or rating is not used to evade the intent of 
this section or any other provision of the Kansas insurance code.
(vi) Any person who underwrites or rates a risk on the basis of 
preexisting physical or mental condition as set forth in subsection (7)
(d)(v), shall treat such underwriting or rating as an adverse 
underwriting decision pursuant to K.S.A. 40-2,112, and amendments 
thereto.
(vii) The provisions of this paragraph shall apply to all policies of 
life and accident and health insurance issued in this state after the 
effective date of this act and all existing contracts that are renewed on 
or after the effective date of this act.
(e) Refusing to insure, or refusing to continue to insure, or limiting 
the amount, extent or kind of coverage available for life insurance to an 
individual, or charging an individual a different rate for the same 
coverage, solely because of such individual's status as a living organ 
donor. With respect to all other conditions, persons who are living  SENATE BILL No. 42—page 10
organ donors shall be subject to the same standards of sound actuarial 
principles or actual or reasonably anticipated experience as are persons 
who are not organ donors.
(8) Rebates. (a) Except as otherwise expressly provided by law, 
knowingly permitting, offering to make or making any contract of life 
insurance, life annuity or accident and health insurance, or agreement 
as to such contract other than as plainly expressed in the insurance 
contract issued thereon; paying, allowing, giving or offering to pay, 
allow or give, directly or indirectly, as inducement to such insurance, or 
annuity, any rebate of premiums payable on the contract, any special 
favor or advantage in the dividends or other benefits thereon, or any 
valuable consideration or inducement whatever not specified in the 
contract; or giving, selling, purchasing or offering to give, sell or 
purchase as inducement to such insurance contract or annuity or in 
connection therewith, any stocks, bonds or other securities of any 
insurance company or other corporation, association or partnership, or 
any dividends or profits accrued thereon, or anything of value 
whatsoever not specified in the contract.
(b) Nothing in subsection (7)(a) or (8)(a) shall be construed as 
including within the definition of discrimination or rebates any of the 
following practices:
(i) In the case of any contract of life insurance or life annuity, 
paying bonuses to policyholders or otherwise abating their premiums in 
whole or in part out of surplus accumulated from nonparticipating 
insurance. Any such bonuses or abatement of premiums shall be fair 
and equitable to policyholders and for the best interests of the company 
and its policyholders;
(ii) in the case of life insurance policies issued on the industrial 
debit plan, making allowance to policyholders who have continuously 
for a specified period made premium payments directly to an office of 
the insurer in an amount that fairly represents the saving in collection 
expenses;
(iii) readjustment of the rate of premium for a group insurance 
policy based on the loss or expense experience thereunder, at the end of 
the first or any subsequent policy year of insurance thereunder, which 
may be made retroactive only for such policy year;
(iv) engaging in an arrangement that would not violate section 106 
of the bank holding company act amendments of 1972, as interpreted 
by the board of governors of the federal reserve system or section 5(q) 
of the home owners' loan act;
(v) the offer or provision by insurers or producers, by or through 
employees, affiliates or third-party representatives, of value-added 
products or services at no or reduced cost when such products or 
services are not specified in the policy of insurance if the product or 
service:
(A) Relates to the insurance coverage; and
(B) is primarily designed to satisfy one or more of the following:
(1) Provide loss mitigation or loss control;
(2) reduce claim costs or claim settlement costs;
(3) provide education about liability risks or risk of loss to persons 
or property;
(4) monitor or assess risk, identify sources of risk or develop 
strategies for eliminating or reducing risk;
(5) enhance health;
(6) enhance financial wellness through items such as education or 
financial planning services;
(7) provide post-loss services;
(8) (a) incentivize behavioral changes to improve the health or 
reduce the risk of death or disability of a customer; SENATE BILL No. 42—page 11
(b) as used in this section, "customer" means a policyholder, 
potential policyholder, certificate holder, potential certificate holder, 
insured, potential insured or applicant; or
(9) assist in the administration of the employee or retiree benefit 
insurance coverage.
(C) The cost to the insurer or producer offering the product or 
service to any given customer shall be reasonable in comparison to 
such customer's premiums or insurance coverage for the policy class.
(D) If the insurer or producer is providing the product or service 
offered, the insurer or producer shall ensure that the customer is 
provided with contact information, upon request, to assist the customer 
with questions regarding the product or service.
(E) The commissioner may adopt rules and regulations when 
implementing the permitted practices set forth in this section to ensure 
consumer protection. Such rules and regulations, consistent with 
applicable law, may address, among other issues, consumer data 
protections and privacy, consumer disclosure and unfair discrimination.
(F) The availability of the value-added product or service shall be 
based on documented objective criteria and offered in a manner that is 
not unfairly discriminatory. The documented criteria shall be 
maintained by the insurer or producer and produced upon request by 
the commissioner.
(G) (1) If an insurer or producer does not have sufficient evidence 
but has a good-faith belief that the product or service meets the criteria 
in subsection (8)(b)(v)(B), the insurer or producer may provide the 
product or service in a manner that is not unfairly discriminatory as part 
of a pilot or testing program for not more than one year. An insurer or 
producer shall notify the commissioner of such a pilot or testing 
program offered to consumers in this state prior to launching and may 
proceed with the program unless the commissioner objects within 21 
days of notice.
(2) If the insurer or producer is unable to determine sufficient 
evidence within the one-year pilot or testing period, the insurer or 
producer may request that such pilot or testing period be extended for 
such additional time as necessary to determine if the product or service 
meets the criteria described in subsection (8)(b)(v)(B). Upon such a 
request, the commissioner may grant an extension of a specified time.
(vi) An insurer or a producer may:
(A) Offer or give non-cash gifts, items or services, including 
meals to or charitable donations on behalf of a customer, in connection 
with the marketing, sale, purchase or retention of contracts of 
insurance, as long as the cost does not exceed an amount determined to 
be reasonable by the commissioner per policy year per term. The offer 
shall be made in a manner that is not unfairly discriminatory. The 
customer shall not be required to purchase, continue to purchase or 
renew a policy in exchange for the gift, item or service.
(B) Conduct raffles or drawings to the extent permitted by state 
law, as long as there is no financial cost to entrants to participate, the 
drawing or raffle does not obligate participants to purchase insurance, 
the prizes are not valued in excess of a reasonable amount determined 
by the commissioner and the drawing or raffle is open to the public. 
The raffle or drawing shall be offered in a manner that is not unfairly 
discriminatory. The customer shall not be required to purchase, 
continue to purchase or renew a policy in exchange for the gift, item or 
service.
(c) An insurer, producer or representative of an insurer or 
producer shall not offer or provide insurance as an inducement to the 
purchase of another policy.
(9) Unfair claim settlement practices. It is an unfair claim  SENATE BILL No. 42—page 12
settlement practice if any of the following or any rules and regulations 
pertaining thereto are either committed flagrantly and in conscious 
disregard of such provisions, or committed with such frequency as to 
indicate a general business practice:
(a) Misrepresenting pertinent facts or insurance policy provisions 
relating to coverages at issue;
(b) failing to acknowledge and act reasonably promptly upon 
communications with respect to claims arising under insurance 
policies;
(c) failing to adopt and implement reasonable standards for the 
prompt investigation of claims arising under insurance policies;
(d) refusing to pay claims without conducting a reasonable 
investigation based upon all available information;
(e) failing to affirm or deny coverage of claims within a 
reasonable time after proof of loss statements have been completed;
(f) not attempting in good faith to effectuate prompt, fair and 
equitable settlements of claims in which liability has become 
reasonably clear;
(g) compelling insureds to institute litigation to recover amounts 
due under an insurance policy by offering substantially less than the 
amounts ultimately recovered in actions brought by such insureds;
(h) attempting to settle a claim for less than the amount to which a 
reasonable person would have believed that such person was entitled by 
reference to written or printed advertising material accompanying or 
made part of an application;
(i) attempting to settle claims on the basis of an application that 
was altered without notice to, or knowledge or consent of the insured;
(j) making claims payments to insureds or beneficiaries not 
accompanied by a statement setting forth the coverage under which 
payments are being made;
(k) making known to insureds or claimants a policy of appealing 
from arbitration awards in favor of insureds or claimants for the 
purpose of compelling them to accept settlements or compromises less 
than the amount awarded in arbitration;
(l) delaying the investigation or payment of claims by requiring an 
insured, claimant or the physician of either to submit a preliminary 
claim report and then requiring the subsequent submission of formal 
proof of loss forms, both of which submissions contain substantially 
the same information;
(m) failing to promptly settle claims, where liability has become 
reasonably clear, under one portion of the insurance policy coverage in 
order to influence settlements under other portions of the insurance 
policy coverage; or
(n) failing to promptly provide a reasonable explanation of the 
basis in the insurance policy in relation to the facts or applicable law 
for denial of a claim or for the offer of a compromise settlement.
(10) Failure to respond to an inquiry. An insurer's failing, upon 
receipt of any inquiry from the insurance department concerning a 
complaint or inquiry related to a particular matter, within 14 calendar 
days of receipt of such inquiry to furnish the department with an 
adequate response to such inquiry.
(10)(11) Failure to maintain complaint handling procedures. 
Failure of any person, who is an insurer on an insurance policy, to 
maintain a complete record of all the complaints that it has received 
since the date of its last examination under K.S.A. 40-222, and 
amendments thereto; but, except that no such records shall be required 
for complaints received prior to the effective date of this act. The 
record shall indicate the total number of complaints, their classification 
by line of insurance, the nature of each complaint, the disposition of the  SENATE BILL No. 42—page 13
complaints, the date each complaint was originally received by the 
insurer and the date of final disposition of each complaint. For purposes 
of this subsection section, "complaint" means any written 
communication primarily expressing a grievance related to the acts and 
practices set out in this section.
(11)(12) Misrepresentation in insurance applications. Making 
false or fraudulent statements or representations on or relative to an 
application for an insurance policy, for the purpose of obtaining a fee, 
commission, money or other benefit from any insurer, agent, broker or 
individual.
(12)(13) Statutory violations. Any violation of any of the 
provisions of K.S.A. 40-216, 40-276a, 40-2,155 or 40-1515, and 
amendments thereto.
(13)(14) Disclosure of information relating to adverse 
underwriting decisions and refund of premiums. Failing to comply with 
the provisions of K.S.A. 40-2,112, and amendments thereto, within the 
time prescribed in such section.
(14)(15) Rebates and other inducements in title insurance. (a) No 
title insurance company or title insurance agent, or any officer, 
employee, attorney, agent or solicitor thereof, may pay, allow or give, 
or offer to pay, allow or give, directly or indirectly, as an inducement to 
obtaining any title insurance business, any rebate, reduction or 
abatement of any rate or charge made incident to the issuance of such 
insurance, any special favor or advantage not generally available to 
others of the same classification, or any money, thing of value or other 
consideration or material inducement. The words "Charge made 
incident to the issuance of such insurance" includes, without 
limitations, escrow, settlement and closing charges.
(b) No insured named in a title insurance policy or contract nor 
any other person directly or indirectly connected with the transaction 
involving the issuance of the policy or contract, including, but not 
limited to, mortgage lender, real estate broker, builder, attorney or any 
officer, employee, agent representative or solicitor thereof, or any other 
person may knowingly receive or accept, directly or indirectly, any 
rebate, reduction or abatement of any charge, or any special favor or 
advantage or any monetary consideration or inducement referred to in 
subsection (14)(a) (15)(a).
(c) Nothing in this section shall be construed as prohibiting:
(i) The payment of reasonable fees for services actually rendered 
to a title insurance agent in connection with a title insurance 
transaction;
(ii) the payment of an earned commission to a duly appointed title 
insurance agent for services actually performed in the issuance of the 
policy of title insurance; or
(iii) the payment of reasonable entertainment and advertising 
expenses.
(d) Nothing in this section prohibits the division of rates and 
charges between or among a title insurance company and its agent, or 
one or more title insurance companies and one or more title insurance 
agents, if such division of rates and charges does not constitute an 
unlawful rebate under the provisions of this section and is not in 
payment of a forwarding fee or a finder's fee.
(e) As used in subsections (14)(e) (15)(e) through (14)(i) (15)(i), 
unless the context otherwise requires:
(i) "Associate" means any firm, association, organization, 
partnership, business trust, corporation or other legal entity organized 
for profit in which a producer of title business is a director, officer or 
partner thereof, or owner of a financial interest;, the spouse or any 
relative within the second degree by blood or marriage of a producer of  SENATE BILL No. 42—page 14
title business who is a natural person;, any director, officer or employee 
of a producer of title business or associate;, any legal entity that 
controls, is controlled by, or is under common control with a producer 
of title business or associate; and any natural person or legal entity with 
whom a producer of title business or associate has any agreement, 
arrangement or understanding or pursues any course of conduct, the 
purpose or effect of which is to evade the provisions of this section.
(ii) "Financial interest" means any direct or indirect interest, legal 
or beneficial, where the holder thereof is or will be entitled to 1% or 
more of the net profits or net worth of the entity in which such interest 
is held. Notwithstanding the foregoing, an interest of less than 1% or 
any other type of interest shall constitute a "financial interest" if the 
primary purpose of the acquisition or retention of that interest is the 
financial benefit to be obtained as a consequence of that interest from 
the referral of title business.
(iii) "Person" means any natural person, partnership, association, 
cooperative, corporation, trust or other legal entity.
(iv) "Producer of title business" or "producer" means any person, 
including any officer, director or owner of 5% or more of the equity or 
capital or both of any person, engaged in this state in the trade, 
business, occupation or profession of:
(A) Buying or selling interests in real property;
(B) making loans secured by interests in real property; or
(C) acting as broker, agent, representative or attorney for a person 
who buys or sells any interest in real property or who lends or borrows 
money with such interest as security.
(v) "Refer" means to direct or cause to be directed or to exercise 
any power or influence over the direction of title insurance business, 
whether or not the consent or approval of any other person is sought or 
obtained with respect to the referral.
(f) No title insurer or title agent may accept any order for, issue a 
title insurance policy to, or provide services to, an applicant if it knows 
or has reason to believe that the applicant was referred to it by any 
producer of title business or by any associate of such producer, where 
the producer, the associate, or both, have a financial interest in the title 
insurer or title agent to which business is referred unless the producer 
has disclosed to the buyer, seller and lender the financial interest of the 
producer of title business or associate referring the title insurance 
business.
(g) (i) No title insurer or title agent may accept an order for title 
insurance business, issue a title insurance policy, or receive or retain 
any premium, or charge in connection with any transaction if: (i) (A) 
The title insurer or title agent knows or has reason to believe that the 
transaction will constitute controlled business for that title insurer or 
title agent; and (ii) (B) 70% or more of the closed title orders of that 
title insurer or title agent during the 12 full calendar months 
immediately preceding the month in which the transaction takes place 
is derived from controlled business. The prohibitions contained in this 
paragraph shall not apply to transactions involving real estate located in 
a county that has a population, as shown by the last preceding decennial 
census, of 10,000 or less.
(ii) Paragraph (g) shall become effective on and after January 1, 
2026.
(h) Within 90 days following the end of each business year, as 
established by the title insurer or title agent, each title insurer or title 
agent shall file with the department of insurance and any title insurer 
with which the title agent maintains an underwriting agreement, a 
report executed by the title insurer's or title agent's chief executive 
officer or designee, under penalty of perjury, stating the percent of  SENATE BILL No. 42—page 15
closed title orders originating from controlled business. The failure of a 
title insurer or title agent to comply with the requirements of this 
section, at the discretion of the commissioner, shall be grounds for the 
suspension or revocation of a license or other disciplinary action, with 
the commissioner able to mitigate any such disciplinary action if the 
title insurer or title agent is found to be in substantial compliance with 
competitive behavior as defined by federal housing and urban 
development statement of policy 1996-2.
(i) (1) No title insurer or title agent may accept any title insurance 
order or issue a title insurance policy to any person if it knows or has 
reason to believe that such person was referred to it by any producer of 
title business or by any associate of such producer, where the producer, 
the associate, or both, have a financial interest in the title insurer or title 
agent to which business is referred unless the producer has disclosed in 
writing to the person so referred the fact that such producer or associate 
has a financial interest in the title insurer or title agent, the nature of the 
financial interest and a written estimate of the charge or range of 
charges generally made by the title insurer or agent for the title 
services. Such disclosure shall include language stating that the 
consumer is not obligated to use the title insurer or agent in which the 
referring producer or associate has a financial interest and shall include 
the names and telephone numbers of not less than three other title 
insurers or agents that operate in the county in which the property is 
located. If fewer than three insurers or agents operate in that county, the 
disclosure shall include all title insurers or agents operating in that 
county. Such written disclosure shall be signed by the person so 
referred and must have occurred prior to any commitment having been 
made to such title insurer or agent.
(2) No producer of title business or associate of such producer 
shall require, directly or indirectly, as a condition to selling or 
furnishing any other person any loan or extension thereof, credit, sale, 
property, contract, lease or service, that such other person shall 
purchase title insurance of any kind through any title agent or title 
insurer if such producer has a financial interest in such title agent or 
title insurer.
(3) No title insurer or title agent may accept any title insurance 
order or issue a title insurance policy to any person it knows or has 
reason to believe that the name of the title company was pre-printed in 
the sales contract, prior to the buyer or seller selecting that title 
company.
(4) Nothing in this paragraph shall prohibit any producer of title 
business or associate of such producer from referring title business to 
any title insurer or title agent of such producer's or associate's choice, 
and, if such producer or associate of such producer has any financial 
interest in the title insurer, from receiving income, profits or dividends 
produced or realized from such financial interest, so long as if:
(a) Such financial interest is disclosed to the purchaser of the title 
insurance in accordance with paragraphs (i)(1) through (i)(4);
(b) the payment of income, profits or dividends is not in exchange 
for the referral of business; and
(c) the receipt of income, profits or dividends constitutes only a 
return on the investment of the producer or associate.
(5) Any producer of title business or associate of such producer 
who violates the provisions of paragraphs (i)(2) through (i)(4), or any 
title insurer or title agent who accepts an order for title insurance 
knowing that it is in violation of paragraphs (i)(2) through (i)(4), in 
addition to any other action that may be taken by the commissioner of 
insurance, shall be subject to a fine by the commissioner in an amount 
equal to five times the premium for the title insurance and, if licensed  SENATE BILL No. 42—page 16
pursuant to K.S.A. 58-3034 et seq., and amendments thereto, shall be 
deemed to have committed a prohibited act pursuant to K.S.A. 58-
3602, and amendments thereto, and shall be liable to the purchaser of 
such title insurance in an amount equal to the premium for the title 
insurance.
(6) Any title insurer or title agent that is a competitor of any title 
insurer or title agent that, subsequent to the effective date of this act, 
has violated or is violating the provisions of this paragraph, shall have a 
cause of action against such title insurer or title agent and, upon 
establishing the existence of a violation of any such provision, shall be 
entitled, in addition to any other damages or remedies provided by law, 
to such equitable or injunctive relief as the court deems proper. In any 
such action under this subsection, the court may award to the successful 
party the court costs of the action together with reasonable attorney 
fees.
(7) The commissioner shall also require each title agent to provide 
core title services as required by the real estate settlement procedures 
act.
(j) The commissioner shall adopt any rules and regulations 
necessary to carry out the provisions of this act.
(15)(16) Disclosure of nonpublic personal information. (a) No 
person shall disclose any nonpublic personal information contrary to 
the provisions of title V of the Gramm-Leach-Bliley act of 1999 (, 
public law 106-102). The commissioner may adopt rules and 
regulations necessary to carry out this subsection. Such rules and 
regulations shall be consistent with and not more restrictive than the 
model regulation adopted on September 26, 2000, by the national 
association of insurance commissioners entitled "Privacy of consumer 
financial and health information regulation"."
(b) Nothing in this subsection shall be deemed or construed to 
authorize the promulgation or adoption of any regulation that preempts, 
supersedes or is inconsistent with any provision of Kansas law 
concerning requirements for notification of, or obtaining consent from, 
a parent, guardian or other legal custodian of a minor relating to any 
matter pertaining to the health and medical treatment for such minor.
Sec. 17. K.S.A. 40-2253 is hereby amended to read as follows: 40-
2253. (a) The commissioner of insurance shall devise universal forms 
to be utilized by every insurance company, including health 
maintenance organizations where applicable, offering any type of 
accident and sickness policy covering individuals residing in this state 
for the purpose of receiving every claim under such policy by persons 
covered thereunder. In the preparation of such forms, the commissioner 
may confer with representatives of insurance companies, health 
maintenance organizations, trade associations and other interested 
parties. Upon completion and final adoption of such forms by the 
commissioner, the commissioner shall notify those companies affected 
by sending them a copy of such forms and an explanation of the 
requirements of this section. Every such company shall implement 
utilization of such forms not later than six months following the date of 
the commissioner's notification.
(b) An accident and sickness insurer may not refuse to accept a 
claim submitted on duly promulgated uniform claim forms. An insurer 
may accept claims submitted on any other form.
(c) An accident and sickness insurer does not violate subsection 
(a) by using a document that the accident and sickness insurer has been 
required to use by the federal government or the state.
(d) The commissioner of insurance shall report to the governor 
and to the legislature, no later than the commencement of the 1993 
regular session of the Kansas legislature, regarding the development of  SENATE BILL No. 42—page 17
uniform electronic data interchange formats and standards, along with a 
proposed plan, including an analysis of the cost impact thereof.
Sec. 18. K.S.A. 40-3807 is hereby amended to read as follows: 40-
3807. (a) All insurance charges, premiums, collateral and loss 
reimbursements collected by an administrator on behalf of or for a 
payor, and the return of premiums or collateral received from that 
payor, shall be held by the administrator in a fiduciary capacity. Such 
funds shall be immediately remitted to the person or persons entitled 
thereto, or shall be deposited promptly in a fiduciary account 
established and maintained by the administrator in a federally or state-
insured financial institution. A separate fiduciary account shall be 
maintained by the administrator for each payor and shall not contain 
funds collected or held by the administrator on behalf of multiple 
payors. The written agreement between the administrator and the payor 
shall provide for the administrator to periodically render an accounting 
to the payor detailing all transactions performed by the administrator 
pertaining to the business of the payor, and the written agreement 
between the payor and the administrator shall include specifications of 
this reporting.
(b) The administrator shall keep copies of all records of any 
fiduciary account maintained or controlled by the administrator, and, 
upon request of a payor, shall furnish the payor with copies of such 
records pertaining to deposits and withdrawals on behalf of the payor. 
If charges or premiums so deposited have been collected on behalf of 
or for more than one payor, or for the payment of claims associated 
with more than one policy, the administrator shall keep records clearly 
recording the deposits in and withdrawals from the account on behalf 
of each payor and relating to each policyholder.
(c) The administrator shall not pay any claim by withdrawals from 
a fiduciary account in which premiums or charges are deposited. 
Withdrawals from a fiduciary account shall be made as provided in the 
written agreement between the administrator and the payor, and only 
for the following purposes: (1) Remittance to an insurer entitled 
thereto; (2) deposit in an account maintained in the name of the payor; 
(3) transfer to and deposit in a claims paying account, with claims to be 
paid as provided in subsection (d); (4) payment to a group policyholder 
for remittance to the payor entitled thereto; (5) payment to the 
administrator of its earned commissions, fees or charges; (6) remittance 
of return premiums to the person or persons entitled thereto; or (7) 
payment to other service providers as authorized by the payor.
(d) All claims paid by the administrator from funds collected on 
behalf of or for a payor shall be paid only as authorized by the payor. 
Payments from an account maintained or controlled by the 
administrator may be made for the following purposes including the 
payment of claims: (1) Payment of valid claims; (2) payment of 
expenses associated with the handling of claims to the administrator or 
to other service providers approved by the payor; (3) remittance to the 
payor, or transfer to a successor administrator as directed by the payor, 
for the purpose of paying claims and associated expenses; and (4) 
return of funds held as collateral or prepayment, to the person entitled 
to those funds, upon a determination by the payor that those funds are 
no longer necessary to secure or facilitate the payment of claims and 
associated expenses.
Sec. 19. K.S.A. 40-3809 is hereby amended to read as follows: 40-
3809. (a) Where the services of an administrator are utilized, the 
administrator shall provide a written notice, approved by the payor, to 
covered individuals advising them of the identity of and relationship 
among the administrator, the policyholder and the payor.
(b) When an administrator collects funds, the reason for collection  SENATE BILL No. 42—page 18
of each item shall be identified to the insured party and each item shall 
be shown separately from any premium. Additional charges may not be 
made for services to the extent the services have already been paid for 
by the payor.
(c) The administrator shall disclose to the payor all charges, fees 
and commissions that the administrator receives arising from services it 
provides for the payor, including any fees or commissions paid by 
payors providing reinsurance or stop-loss insurance.
(d) An administrator shall disclose to the commissioner any 
bankruptcy petition filed by or on behalf of such administrator 
pursuant to chapter 9 or chapter 11 of the United States bankruptcy 
code at the time such filing is made.
Sec. 20. K.S.A. 8-173, 40-108, 40-2253, 40-3807 and 40-3809 and 
K.S.A. 2024 Supp. 40-2,125 and 40-2404 are hereby repealed.
Sec. 21. On and after January 1, 2026, K.S.A. 40-1139 and K.S.A. 
2024 Supp. 40-1137 are hereby repealed.
Sec. 22. This act shall take effect and be in force from and after its 
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
    Conference Committee Report ________________
_________________________
President of the Senate.  
_________________________
Secretary of the Senate.  
         
Passed the HOUSE
         as amended _________________________
HOUSE adopted
    Conference Committee Report ________________
_________________________
Speaker of the House.  
_________________________
Chief Clerk of the House.  
APPROVED _____________________________
_________________________
Governor.