2008 SUMMARY OF NEW STATE LAWS – KANSAS

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2188

80

Medical Malpractice

Concerns civil procedure; relates to medical and professional malpractice screening panels; provides that if a petition is filed naming more than one defendant, each defendant is entitled to request a separate screening panel; provides that each plaintiff shall designate a person licensed in the same profession; provides for panel membership and compensation. Effective date: July 1, 2008.

HB 2505

71

Title Insurance

Concerns title insurance and unearned premium reserves; provides for computing the unearned premium reserve of a title insurance company not organized under laws of the state but by the laws of the insurer's domicile. Effective date: : July 1, 2008.

HB 2617

170

DUI

Concerns motor vehicles; relates to driving under the influence of alcohol or drugs. Effective date: : July 1, 2008.

HB 2634

89

Storage Tanks

Relates to the environment, non-fuel flammable or combustible liquid aboveground storage tanks, duties of the fire marshal and civil penalties; creates the non-flammable or combustible liquid aboveground storage tank system fund; includes solvents; provides for fire marshal site inspections. Effective date: July 1, 2008.

HB 2665

18

Drivers License

Relates to drivers' licenses; concerns the surrender thereof; provides for the destruction of such licenses or permits. Effective date: : July 1, 2008.

HB 2686

35

Market Conduct Regulation

Concerns insurance; requires market conduct studies for certain insurance companies doing business in the state; includes a financial study of any such insurance company organizing or applying for admission to do business in the state; relates to foreign or alien insurance companies. Effective date: : July 1, 2008.

HB 2688

63

Financial Regulation

Concerns insurance; relates to the property and casualty actuarial opinion letter law; provides that such statement shall be provided with the annual statement; relates to National Association of Insurance Commissioners annual statement instructions. Effective date: : July 1, 2008.

HB 2725

79

Vehicle Protection Product Warranties

Provides that certain costs, including insurance deductibles, rental vehicle costs, sales taxes, registration fees, and mechanical inspection fees, may be reimbursed under the provisions of a vehicle protection product warranty when that product fails to perform as specified; prohibits a vehicle protection product seller or warrantor from requiring as a condition of financing that a retail purchaser of a motor vehicle purchase a vehicle protection product. Effective date: : July 1, 2008.

SB 113

134

Producer Licensing

Concerns insurance agents and procedures; relates to continuing education requirements. Effective date: : July 1, 2008.

SB 366

114

Traffic Offenses

Concerns traffic citations; pertains to giving notice of failure to comply; provides for suspension of driving privileges; relates to reinstatement fees and deposit into the alcoholism and intoxication program fund and the juvenile detention facilities fund. Effective date: : July 1, 2008.

SB 379

132

Construction Liability

Concerns construction contracts; provides that construction contracts shall not include construction or repair of gravel roads to access oil and gas wells; provides that an indemnification provision in a contract that requires the promisor to indemnify or provide liability coverage for the promissee for negligence or acts of omission is void; relates to motor carrier transportation contracts, environmental laws, insurance contracts, liability insurance coverage and unilateral indemnity obligations. Effective date: January 1, 2009.

SB 464

83

Reinsurance

Concerns insurance; relates to waiving certain requirements by the insurance commissioner regarding reinsurance agreements and the transfer of obligations and risks when an insurance company ceases to do business. Effective date: : July 1, 2008.

SB 465

54

Rate Modernization

Provides that no insurance company shall transact business in this state until certified copies of its charter and amendments have been filed with and approved by the commissioner of insurance; provides that a copy of the bylaws and amendments of insurance companies shall also be filed with and approved by the commissioner; allows the commissioner to require the filing of such other records as are necessary to determine compliance with state law; relates to insurance indemnity Effective date: : July 1, 2008.

SB 521

102

Vehicle Registrations

Concerns notice of security interest for motor vehicle registrations; relates to removal of license plates upon transfer of vehicle ownership; prohibits transfer of license plate upon registration; provides that the original plate owner may transfer and register the license plate to another vehicle under the same number, upon payment of a fee; provides for motorcycles; amends provisions regarding vehicles with a lien or encumbrance. Effective date: : July 1, 2008.

SB 522

73

Commercial Auto

Concerns motor vehicles; relate to registration of certain vehicles; provides that if a commercial vehicle that is registered for a specified gross weight and is part of a commercial fleet, and is not driven out-of-state, such vehicle shall be deemed a fleet motor vehicle; provides that unused registration fee may be transferred to another fleet motor vehicle that is registered at the same or a greater weight. Effective date: July 1, 2008.