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2007 SUMMARY OF NEW STATE LAWS - KANSAS

Kansas State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2042

68

Motor vehicle insurance - enforcement issues

Relates to drivers' licenses and vehicle registration; concerns the expiration date of certain licenses; includes foreign vehicles, nonresident drivers, new vehicle dealers, all-terrain vehicles, motorcycles and farm tractors; authorizes an electronic certificate of title. Effective: July 1, 2007.

HB 2107

45

Financial regulation

Concerns insurance deposits of cash, securities, deeds, mortgages and other assets; relates to security deposits in financial institutions; includes a savings and loan association and savings bank organized in this or another state, a national or state bank or trust company which have main or branch offices in the state which is legally qualified to accept custody of securities; provides for records. Effective: July 1, 2007.

HB 2108

103

Unfair trade practices

Concerns insurance and unfair trade practices; adopts regulations to protect services members of the armed forces from dishonest and predatory insurance sales practices; declares certain identified practices to be false, misleading, deceptive or unfair except that such regulations shall not affect certain federal insurance programs; includes a person, partnership, domestic, alien or foreign corporation; makes a repeal. Effective: July 1, 2007.

HB 2112

122

Corporate governance - company rules

Concerns insurance companies; relates to corporate seals, merger authority, preparation and filing of reports, a health maintenance organization, stocks, fees, fraternal benefit societies, mutual nonprofit hospital service corporations, nonprofit medical service corporations, nonprofit dental service corporations, nonprofit optometric service corporations and nonprofit pharmaceutical service corporations. Effective: July 1, 2007.

HB 2115

53

Workers' compensation - fund management

Concerns the workers compensation group-funded pool; relates to computation and collection of the premium tax. Effective: July 1, 2007.

HB 2274

62

Tax issues

Relates to credits against premium taxes for investments in qualified business facilities; relates to a foreign or domestic insurance company; provides for partnerships and related corporations controlled by the insurance company; relates to the Medicare program. Effective: July 1, 2007.

HB 2283

135

Motor vehicle insurance - title issues

Relates to mailing of a notice of security interest in a vehicle by a dealer; relates to a fee for service, processing and mailing a copy of the certificate of title by county treasurers; provides that delivery of a surrendered title, application and fee shall perfect a security interest in a vehicle; provides for mobile homes. Effective: July 1, 2007.

HB 2373

60

Motor vehicle insurance - title issues

Concerns certificates of title; relates to a lien on vehicles; provides that only one lien shall be taken or accepted for vehicles with a specified gross weight; provides that a refinancing shall not be subject to limitations of the act. Effective: July 1, 2007.

HB 2374

70

Motor vehicle insurance - enforcement issues

Relates to the Department of Revenue; provides that all motor vehicle records shall be subject to the provisions of the open records act; concerns records of the division of vehicles; relates to assisting an employer or agent in monitoring the driving record of employees required to drive in the course of employment to ensure driver behavior, performance or safety; authorizes a fee; relates to a drivers license, certificate of title, vehicle registration or identification card. Effective: July 1, 2007.

HB 2405

156

Tax issues

Provides a credit against the income tax act, the premiums tax upon insurance companies, and the privilege tax on banking associations, state banks trust companies and savings and loan associations for contributions, gifts or donations to state-owned historic sites or a nonprofit entity that owns such sites; provides for a grant program to awarded to partnership historic sites. Effective: July 1, 2007.

SB 8

140

Motor vehicle insurance - traffic offenses

Provides for doubling speeding fines in school zones; amends provisions regarding specified work-site utility vehicles; requires all-terrain vehicles to be authorized by a city to operate on a highway or in city limits; requires safety belts; exempts total gross weight provisions for a wrecker or tow truck; amends provisions regarding a motor-driven cycle. Effective: July 1, 2007.

SB 9

160

Motor vehicle insurance - enforcement issues

Relates to driver's license and identification card fraud; authorizes law enforcement officers and subpoenas in fraud cases; requires submission of a photo identity document unless the document contains the applicant's full legal name, date of birth, address and social security number; requires a social security number to remain confidential; requires proof of lawful U.S. presence and residence in the state; requires a mandatory facial image capture; incorporates machine-readable technology. Effective: July 1, 2007.

SB 31

168

Motor vehicle insurance - traffic offenses

Concerns municipal courts; relates to jurisdiction; relates to violations of ordinances that would constitute a felony; relates to driving under the influence, domestic battery, worthless checks and possession of marijuana. Effective: July 1, 2007.

SB 35

181

Motor vehicle insurance - traffic offenses

Relates to driving under the influence of drugs or alcohol; relates to violations of maximum speed limits; relates to refusal to submit to a blood, breath or urine test; relates to vehicular homicide and involuntary manslaughter while driving under the influence and convictions of being a habitual violator. Effective: July 1, 2007.

SB 54

56

Motor vehicle insurance - traffic offenses

Relates to arrest warrants for a misdemeanor, tobacco or traffic infractions; amends provisions regarding signature on the arrest warrant. Effective: July 1, 2007.

SB 111

26

State regulation

Pertains to sharing of certain information; prohibits the commissioner of insurance from disclosing the content of an examination report, preliminary examination report or results, to the department of insurance of this or any other state or country, law enforcement officials and officials of another agency unless the agency or office agrees in writing to hold the matter confidential; provides for a hearing. Effective: July 1, 2007.

SB 121

54

State regulation

Provides that reciprocal insurance companies and their attorneys-in-fact shall be considered the same entity; provides that each reciprocal shall pay levies and taxes, taxes on premiums, fees, levies and taxes in lieu of license fees and taxes; provides for calculating the levies and taxes each reciprocal shall be permitted to deduct from premiums returned on account of cancellation, premiums received for reinsurance from any other authorized company and savings paid or credited to policyholders. Effective: July 1, 2007.

SB 162

59

Corporate governance - company rules

Concerns certain nonstock corporate actions taken without meeting, notice, vote or consent. Effective: July 1, 2007.

SB 208

146

Fraud

Relates to the insurance department; establishes the criminal anti-fraud division; concerns criminal history records; authorizes access by the Insurance Department to criminal history record information; relates to unfair and predatory practices in the sales of life insurance to members of the armed forces. Effective: July 1, 2007.

SB 219

74

State regulation

Concerns insurance; relates to acquisition of subsidiaries by domestic insurance companies; permits investment in common stock, preferred stock, debt obligations and other securities; relates to foreign insurers. Effective: July 1, 2007.

SB 220

30

Corporate governance - company rules

Pertains to insurance companies; relates to corporate structure; relates to the board of directors of a mutual life insurance company; provides for a quorum. Effective: July 1, 2007.

SB 235

80

Motor vehicle insurance - commercial auto

Concerns the Employment Security Law; concerns definitions; relates to an owner-operator of a leased motor carrier vehicle for purposes of the federal insurance contribution act and employment security taxation. Effective: July 1, 2007.

SB 271

150

State regulation

Concerns insurance; relates to certain forms and rate filings; relates to examination points of insurance companies; relates to insurance fraud; relates to long-term care insurance; provides for prompt payment of claims; relates to contracts pertaining to large risks; requires filing of insurance forms with the commissioner of insurance and approval prior to use; provides that any combination of fraudulent acts shall have a presumptive sentence of imprisonment; includes dental insurance. Effective: July 1, 2007.

SCR 1603

214

Resolution

Requests the creation of a task force to study the design and implementation of an electronic motor vehicle financial security verification system for real time verification of compliance with the financial security requirements of the State Automobile Injury Reparations Act. Also will examine rate modernization for personal lines and workers' compensation. Effective: July 1, 2007.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.