reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5512 Continuing education requirements.

40-5512. Continuing education requirements.
(a) As used in this section:
(1) "Biennial due date" means the last day of the month of the date of birth of any public adjuster who is required to complete continuing education credits and report the completion of the continuing education credits to the commissioner, except that such due date shall not be earlier than two years from the date of the public adjuster's initial licensure under this act.
(2) "Biennium" means, for any public adjuster who was born in an odd-numbered year, the two-year period starting with the public adjuster's biennial due date in 2011 and each two-year period thereafter. For any public adjuster who was born in an even-numbered year, such term means the two-year period starting with the public adjuster's biennial due date in 2012 and each two-year period thereafter.
(b) An individual, who holds a public adjuster license and who is not exempt under subsection (d), shall satisfactorily complete a minimum of 18 hours of continuing education courses including three hours of ethics, reported on a biennial basis in conjunction with the license renewal cycle. Only continuing education courses approved by the commissioner shall be used to satisfy the requirements of this subsection.
(c) Unless suspended, revoked or refused renewal pursuant to K.S.A. 40-5510, and amendments thereto, a public adjuster's license shall remain in effect as long as the education requirements for a resident public adjuster are met by such public adjuster's biennial due date.
(d) The continuing education requirements of this section shall not apply to licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this state on the same basis.
History:
L. 2009, ch. 83, § 12; L. 2021, ch. 23, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5513 Allowable compensation for adjuster; prohibitions.

40-5513.
Allowable compensation for adjuster; prohibitions.
(a) No public adjuster shall charge, agree to or accept as compensation or reimbursement any payment, commission, fee or other thing of value equal to more than 10% of any insurance settlement or proceeds.
(b) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating or settling first party claims in this state, if that person is a business entity or is an individual required to be licensed under this act and is not so licensed.
(c) A person shall not accept a commission, service fee or other valuable consideration for investigating or settling first party claims in this state, if that person is a business entity or is an individual required to be licensed under this act and is not so licensed.
(d) No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit or other thing of value, prior to settlement of a claim.
History: L. 2009, ch. 83, § 13; April 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5515 Records of transactions.

40-5515. Records of transactions.
(a) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following:
(1) Name of the insured;
(2) date, location and amount of the loss;
(3) copy of the contract between the public adjuster and insured;
(4) name of the insurer and the amount, expiration date and number of each policy carried by the insured with respect to the loss;
(5) itemized statement of the insured's recoveries;
(6) itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss;
(7) a register of all moneys received, deposited, disbursed or withdrawn in connection with a transaction with an insured, including fees, transfers and disbursements from a trust account and all transactions concerning all interest-bearing accounts;
(8) name of public adjuster who executed the contract;
(9) name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and
(10) evidence of financial responsibility in the format prescribed by the commissioner.
(b) Records shall be maintained for at least five years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.
(c) Records submitted to the commissioner in accordance with this section that contain information identified in writing as proprietary by the public adjuster shall be treated as confidential by the commissioner and shall not be open for inspection under the Kansas open records act.
History:
L. 2009, ch. 83, § 15; L. 2014, ch. 72, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5517 Reports of legal actions against adjuster.

40-5517.
Reports of legal actions against adjuster.
(a) The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.
(b) Within 30 days of the initial pretrial hearing date, the public adjuster shall report to the commissioner any criminal prosecution of the public adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
History: L. 2009, ch. 83, § 17; April 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5518 Rules and regulations.

40-5518.
Rules and regulations.
The commissioner shall promulgate such reasonable rules and regulations as are necessary to carry out the provisions of this act. The commissioner shall adopt such rules and regulations by July 1, 2010.
History: L. 2009, ch. 83, § 18; April 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 55 - Public Adjusters Licensing Act › 40-5519 Same; severability.

40-5519.
Same; severability.
If any provisions of this act, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
History: L. 2009, ch. 83, § 19; April 23.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5601 Citation of act.

40-5601. Citation of act.
K.S.A. 40-5601 through 40-5609, and amendments thereto, shall be known and may be cited as the portable electronics insurance act.
History:
L. 2011, ch. 75, § 1; January 1, 2012.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5602 Definitions.

40-5602. Definitions.
For purposes of this act:
(a) "Commissioner" means the commissioner of insurance.
(b) "Covered customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics devices.
(c) "Customer" means a person who purchases or leases portable electronics devices or services.
(d) "Insurance producer" shall have the meaning ascribed to it in K.S.A. 40-4902, and amendments thereto.
(e) "Location" means any physical location in the state of Kansas.
(f) "Portable electronic device" means an electronic device that is portable in nature. The term portable electronic device also includes any accessory for such device and any service related to the use of such portable electronic device that is sold to a customer.
(g) "Portable electronic devices" does not mean devices used exclusively by communication companies or commercial entities to provide service to a customer.
(h) (1) "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics devices which may provide coverage for portable electronics devices against any one or more of the following causes of loss: loss, theft, are inoperable due to mechanical failure, malfunction, damage or other similar causes of loss.
(2) "Portable electronics insurance" does not include:
(A) Any service contract as defined by K.S.A. 40-201a, and amendments thereto;
(B) any policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or
(C) any homeowner's, renter's, private passenger automobile, commercial multiperil, or similar policy.
(i) "Portable electronics transaction" means:
(1) The sale or lease of portable electronics device by a vendor to a customer; or
(2) the sale of a service related to the use of portable electronics device by a vendor to a customer.
(j) "Supervising entity" means a business entity that is a licensed insurance producer or insurer.
(k) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
History:
L. 2011, ch. 75, § 2; January 1, 2012.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5603 License required.

40-5603. License required.
(a) A vendor shall be required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. To hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance, a vendor shall meet all the requirements to be a producer including:
(1) Paying all fees to be an insurance producer;
(2) complying with all the same terms and conditions that are specified for an insurance producer license; and
(3) submitting to the commissioner any additional information or documentation that the commissioner requires, including any information or documentation needed to determine the professional competence, good character and trustworthiness of the vendor.
(b) The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with 10 days notice to the supervising entity, the registry shall be provided to the commissioner.
(c) Notwithstanding any other provision of law, any license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this act.
History:
L. 2011, ch. 75, § 3; L. 2012, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5604 Disclosures required.

40-5604. Disclosures required.
(a) At every location where portable electronics insurance is offered to customers, brochures or other written material shall be made available to a prospective customer which:
(1) Discloses that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;
(2) states that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics devices or services;
(3) summarizes the material terms of the insurance coverage, including:
(A) The identity of the insurer;
(B) the identity of the supervising entity;
(C) the amount of any applicable deductible and how it is to be paid;
(D) benefits of the coverage; and
(E) key terms and conditions of coverage such as whether portable electronics devices may be repaired or replaced with similar make and model, reconditioned, or repaired with nonoriginal manufacturer parts or equipment.
(4) Summarizes the process for filing a claim, including a description of how to return portable electronics devices and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements.
(5) States that the customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and receive any applicable unearned premium refund.
(b) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial policy issued to a vendor of portable electronics devices under which individual customers may elect to enroll for coverage.
(c) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
History:
L. 2011, ch. 75, § 4; January 1, 2012.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5606 Violations; penalties.

40-5606. Violations; penalties.
If a supervising entity, vendor of portable electronics, or employee or authorized representative of a vendor violates any provision of this act, K.A.R. 40-1-34, K.S.A. 40-2404 or 40-4909, and amendments thereto, the commissioner may: (a) Impose on the supervising entity or vendor any or all of the penalties authorized under chapter 40 of the Kansas Statutes Annotated, and amendments thereto, for those violations; and
(b) suspend or revoke the ability of individual employees or authorized representatives to act under the license of the vendor.
History:
L. 2011, ch. 75, § 6; January 1, 2012.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 56 - Portable Electronics Insurance Act › 40-5608 Severability clause.

40-5608. Severability clause.
If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
History:
L. 2011, ch. 75, § 8; January 1, 2012.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 58 - Electronic Notices And Documents › 40-5801 Electronic notice and document act; citation.

40-5801. Electronic notice and document act; citation.
The provisions of K.S.A. 40-5801 through 40-5804, and amendments thereto, shall be known and may be cited as the electronic notice and document act.
History:
L. 2013, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 58 - Electronic Notices And Documents › 40-5802 Same; consent required to send electronic notices and documents, exceptions.

40-5802. Same; consent required to send electronic notices and documents, exceptions.
(a) This act allows the use of electronic notices and documents in lieu of any other provision of law for the sending of insurance notices and documents. Except as provided in subsection (b), in order to send electronic notices and documents to another party the insurer must obtain the consent of the other party as provided in this act.
(b) (1) Notwithstanding any other provision of law, a health benefit plan may utilize electronic delivery as its standard method to send the explanation of benefits and policy, including federally required summary of benefit and coverage documents, to a party only if: (A) Paper documents are readily available; and (B) notification has been provided to the party explaining the party's option to receive paper documents via U.S. mail.
(2) If a party notifies a health benefit plan that the party wishes to receive paper documents via U.S. mail, the health benefit plan shall comply.
History:
L. 2013, ch. 97, § 2; L. 2018, ch. 76, § 1; May 17.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 58 - Electronic Notices And Documents › 40-5803 Same; definitions.

40-5803. Same; definitions.
For the purposes of this act:
(a) "Delivered by electronic means" includes:
(1) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or
(2) posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet or any other electronic device, together with separate notice of the posting, which shall be provided by electronic mail to the address at which the party has consented to receive notice or by any other delivery method that has been consented to by the party.
(b) "Party" means any recipient of any notice or document required as part of an insurance transaction, including, but not limited to, an applicant, an insured, a policyholder or an annuity contract holder.
(c) "Health benefit plan" means the same as in K.S.A. 40-4602, and amendments thereto. "Health benefit plan" shall also include any: (1) Individual health insurance policy; (2) individual or group dental insurance policy; or (3) nonprofit dental services corporation.
(d) "Nonprofit dental services corporation" means a nonprofit corporation organized pursuant to the nonprofit dental service corporation act, K.S.A. 40-19a01 et seq., and amendments thereto.
History:
L. 2013, ch. 97, § 3; L. 2018, ch. 76, § 2; May 17.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5901 Vision care services act; prohibited contract provisions.

40-5901. Vision care services act; prohibited contract provisions.
No contract issued or renewed on or after the effective date of this act between any insurer, health insurer or any other entity that writes vision care insurance or a vision care discount plan and a vision care provider shall contain any provisions which requires the vision care provider to:
(a) Provide services or materials to an insured under such vision care insurance or health benefit plan or to a subscriber to a vision care discount plan at a fee limited or set by such vision care insurance plan or health benefit plan or vision care discount plan unless the services or materials are reimbursed as covered services under the contract; or
(b) participate in a vision care insurance or a vision care discount plan as a condition to participate in any other health benefit plan or vision care plan, regardless of whether such vision care plan is a plan of insurance or a vision care discount program which is not an insurance plan.
History:
L. 2014, ch. 73, § 1; April 24.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5902 Same; limitation on charges for services and materials.

40-5902. Same; limitation on charges for services and materials.
No vision care provider shall charge more for services and materials that are not covered services under either vision care insurance or a vision care discount plan than such vision care provider's usual and customary rate for those services and materials.
History:
L. 2014, ch. 73, § 2; April 24.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5903 Same; changes in terms; limitations.

40-5903. Same; changes in terms; limitations.
(a) No vision care insurance policy or vision care discount plan contract covered by this act shall change the terms, discounts or rates provided therein without the concurrence and agreement at the time of such change by the vision care provider.
(b) No vision care insurance policy or vision care discount plan that provides covered services for materials shall have the effect, directly or indirectly, of limiting the choice of sources and suppliers of materials by a patient of a vision care provider.
History:
L. 2014, ch. 73, § 3; April 24.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5904 Same; use of discount card.

40-5904. Same; use of discount card.
No provision of this act shall prohibit the use of a discount card by a patient or client of a vision care provider if:
(a) Enrollment by the vision care provider is:
(1) Completely voluntary; and
(2) not conditioned upon the vision care provider's participation in any other discount card with different provider terms and conditions or insurance program; and
(b) the discount card program does not make or include any coverage or payment to the vision care provider.
History:
L. 2014, ch. 73, § 4; April 24.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5905 Same; definitions.

40-5905. Same; definitions.
For the purposes of this act:
(a) (1) "Covered service" means any service or material for which:
(A) Reimbursement from the vision care insurance or health benefit plan is provided for by an insured's vision care insurance plan or health benefit plan contract subject to the application of the vision care insurance or health benefit plan's deductibles, copayments or coinsurance; or
(B) a reimbursement would be available subject to the application of any contractual limitations of deductibles or copayments required under the vision care discount plan coinsurance.
(2) "Covered services" does not include any services or materials covered or provided at a nominal or de minimus rate.
(b) "Contractual discount" means a percentage reduction from a vision care provider's usual and customary rate for providing covered services and materials required under a participating provider agreement.
(c) "Discount card" shall have the meaning ascribed to such term in K.S.A. 50-1,100, and amendments thereto.
(d) "Health benefit plan" shall have the meaning ascribed to such term in K.S.A. 40-4602, and amendments thereto.
(e) "Health insurer" shall have the meaning ascribed to such term in K.S.A. 40-4602, and amendments thereto.
(f) "Material" includes, but is not limited to, lenses, devices containing lenses, prisms, lens treatments and coatings, contact lenses, orthoptics, vision training and any prosthetic device necessary to correct, relieve, or treat any defect or abnormal condition of the human eye or its adnexa.
(g) "Participating provider agreement" includes a health benefit plan, vision care insurance or a vision care discount plan.
(h) "Participating provider" shall have the meaning ascribed to such term in K.S.A. 40-4602, and amendments thereto.
(i) "Vision care insurance" means an integrated health benefit plan or vision care insurance policy or contract which provides vision benefits pertaining to the provision of covered services or materials.
(j) "Vision care provider" means an optometrist licensed by the board of examiners in optometry or an ophthalmologist licensed by the state board of healing arts.
(k) "Vision care discount plan" means any entity which has been specifically authorized by the vision care providers to provide discounts to patients, but which plan is not insurance nor a discount card as defined in K.S.A. 50-1,100, and amendments thereto.
History:
L. 2014, ch. 73, § 5; L. 2015, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 59 - Vision Care Services Act › 40-5906 Citation of act; administration of act.

40-5906. Citation of act; administration of act.
(a) K.S.A. 40-5901 through 40-5906, and amendments thereto, shall be known and may be cited as the vision care services act.
(b) The commissioner of insurance shall administer the provisions of the vision care services act and may adopt such rules and regulations as necessary to carry out the provisions of the act as it applies to any insurer, health insurer, health benefit plan or vision care insurance provider. Such rules and regulations shall be adopted no later than January 1, 2016.
(c) The attorney general shall administer the provisions of the vision care services act as it applies to discount cards and vision care discount plans and may adopt such rules and regulations as necessary to carry out the provisions of the act. Such rules and regulations shall be adopted no later than January 1, 2016.
History:
L. 2014, ch. 73, § 6; L. 2015, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6001 Risk management and own risk and solvency assessment act.

40-6001. Risk management and own risk and solvency assessment act.
(a) This act shall be known and may be cited as the risk management and own risk and solvency assessment act.
(b) The risk management and own risk and solvency assessment act provides the requirements for maintaining a risk management framework and completing an own risk and solvency assessment (ORSA) summary report with the insurance commissioner of the state of Kansas. The requirements of the act shall apply to all insurers domiciled in the state of Kansas unless exempted pursuant to K.S.A. 40-6006, and amendments thereto.
(c) The risk management and own risk and solvency assessment act and the ORSA summary report will contain confidential and sensitive information related to an insurer or insurance group's identification of risks material and relevant to the insurer or insurance group filing the report. This information will include proprietary and trade secret information that has the potential for harm and competitive disadvantage to the insurer or insurance group if the information is made public. The ORSA summary report shall be a confidential document filed with the commissioner and shall only be shared as stated herein and to assist the commissioner in the performance of the commissioner's duties. In no event shall the ORSA summary report be subject to public disclosure.
History:
L. 2015, ch. 18, § 1; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6002 Same; definitions.

40-6002. Same; definitions.
As used in this act:
(a) "Act" means the risk management and own risk and solvency assessment act.
(b) "Commissioner" means the state commissioner of insurance.
(c) "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in K.S.A. 40-3302, and amendments thereto.
(d) "Insurer" has the meaning ascribed to it in K.S.A. 40-3302, and amendments thereto, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(e) "NAIC" means the national association of insurance commissioners.
(f) "Own risk and solvency assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer or insurance group's current business plan and the sufficiency of capital resources to support those risks.
(g) "ORSA guidance manual" means the current version of the own risk and solvency assessment guidance manual developed and adopted by the NAIC, as in effect on January 1, 2017.
(h) "ORSA summary report" means a confidential high-level summary of an insurer or insurance group's ORSA.
History:
L. 2015, ch. 18, § 2; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6003 Same; risk management framework required.

40-6003. Same; risk management framework required.
An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
History:
L. 2015, ch. 18, § 3; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6004 Same; annual assessment required.

40-6004. Same; annual assessment required.
Subject to K.S.A. 40-6006, and amendments thereto, an insurer or the insurance group of which the insurer is a member shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted no less than annually, but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.
History:
L. 2015, ch. 18, § 4; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6005 Same; reporting.

40-6005. Same; reporting.
(a) Upon the commissioner's request, and no more than once each year, an insurer shall submit to the commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer and the insurance group of which it is a member. Notwithstanding any request from the commissioner, if the insurer is a member of an insurance group, the insurer shall submit the reports required by this subsection if the commissioner is the lead state commissioner of the insurance group as determined by the procedures within the financial analysis handbook adopted by the NAIC.
(b) The reports shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of such person's belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer's board of directors or appropriate committee thereof.
(c) An insurer may comply with subsection (a) by providing the most recent and substantially similar reports provided by the insurer or another member of an insurance group of which the insurer is a member to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the ORSA guidance manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language.
(d) The ORSA summary report shall be prepared consistent with the ORSA guidance manual, subject to the requirements of subsection (e). Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
(e) The review of the ORSA summary report and any additional requests for information shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers and insurance groups.
History:
L. 2015, ch. 18, § 5; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6008 Same; penalty.

40-6008. Same; penalty.
Any insurer failing, without just cause, to timely file the ORSA summary report as required in this act shall be required, after notice and hearing, to pay a penalty for each day's delay, to be recovered by the commissioner. The penalty so recovered shall be paid into the state general revenue fund. The maximum penalty under this section is $50,000. The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
History:
L. 2015, ch. 18, § 8; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6009 Same; severability.

40-6009. Same; severability.
If any provision of this act, or the application thereof to any person or circumstance is held invalid, such determination shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable.
History:
L. 2015, ch. 18, § 9; January 1, 2017.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 60 - The Risk Management And Own Risk And Solvency Assessment Act › 40-6010 Same; filing first report.

40-6010. Same; filing first report.
The first filing of the ORSA summary report shall be in 2017 pursuant to K.S.A. 40-6005, and amendments thereto, of this act.
History:
L. 2015, ch. 18, § 10; January 1, 2017.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 1 - General Provisions › 41-105 Act inapplicable in certain cases.

41-105.
Act inapplicable in certain cases.
None of the provisions of this act shall apply: (1) To the manufacture of denatured alcohol produced in accordance with acts of congress and regulations promulgated thereunder; (2) to flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this act shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such preparations and products; or (3) to wine intended for use and used by any church or religious organization for sacramental purposes.
History:
L. 1949, ch. 242, § 5; March 9.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 1 - General Provisions › 41-106 Violations of law; copy of citation; notice of reported violation.

41-106. Violations of law; copy of citation; notice of reported violation.
(a) Any citation issued by an agent of the division of alcoholic beverage control for a violation of the liquor control act, the club and drinking establishment act or the Kansas cereal malt beverage act shall be delivered to the licensee or a person in charge of the licensed premises at the time of the alleged violation. A copy of such citation also shall be delivered by United States mail to the licensee within 30 days of the alleged violation.
(b) Any duly authorized law enforcement officer who observes a violation of the liquor control act, the club and drinking establishment act or the Kansas cereal malt beverage act may, after serving notice to the licensee or a person in charge of the licensed premises, submit a report of such violation to the division of alcoholic beverage control for review. Upon receipt of such report, the director shall review the report and determine if administrative action will be taken against the licensee. If the director determines that administrative action will be taken, an administrative citation and notice of administrative action shall be delivered by United States mail to the licensee within 30 days of the date of the alleged violation.
(c) The notice required to be served to the licensee or a person in charge of the licensed premises at the time of the alleged violation pursuant to subsection (b) shall be in writing and shall contain the following:
(1) The name of the licensee;
(2) the date and time of the alleged violation;
(3) a description of the alleged violation; and
(4) a statement that a report of the alleged violation will be submitted to the division of alcoholic beverage control for review.
(d) Any citations not issued in accordance with the provisions of this section shall be void and unenforceable.
(e) For purposes of this section, the term "person in charge" means any individual or employee present on the licensed premises at the time of the alleged violation who is responsible for the operation of the licensed premises. If no designated individual or employee is a person in charge, then any employee present is the person in charge.
History:
L. 2000, ch. 166, § 9; L. 2015, ch. 82, § 2; L. 2019, ch. 18, § 1; April 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 1 - General Provisions › 41-107 Compliance checks or sting operations; notice of compliance.

41-107.
Compliance checks or sting operations; notice of compliance.
Any licensee who has been the subject of an operation conducted by the division of alcoholic beverage control or any local law enforcement agency to determine compliance with the provisions of laws relating to the sale of alcoholic liquor and cereal malt beverages to persons under 21 years of age or the legal age for consumption of cereal malt beverage shall be issued a written notice of compliance with such laws within 30 days of the date of such operation.
History:
L. 2000, ch. 166, § 10; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 1 - General Provisions › 41-108 Construction of act in case of invalidity of any provision.

41-108.
Construction of act in case of invalidity of any provision.
If any provision of the Kansas liquor control act, or its application to any person or circumstance, is determined by a court to be invalid or unconstitutional, the remaining provisions shall be construed in accordance with the intent of the legislature to further limit rather than to expand commerce in alcoholic liquor and to enhance strict regulatory control over taxation, distribution and sale of alcoholic liquor through the three-tier regulatory system imposed by the Kansas liquor control act upon all alcoholic liquor and cereal malt beverages.
History:
L. 2009, ch. 114, § 12; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-201 Law enforcement powers of director, agents and employees; attorney, appointment and compensation.

41-201.
Law enforcement powers of director, agents and employees; attorney, appointment and compensation.
(a) The director of alcoholic beverage control and agents and employees of the director designated by the director, with the approval of the secretary of revenue, are hereby vested with the power and authority of peace and police officers, in the execution of the duties imposed upon the director of alcoholic beverage control by this act and in enforcing the provisions of this act.
(b) The director and each agent and employee designated by the director under subsection (a), with the approval of the secretary of revenue, shall have the authority to make arrests, conduct searches and seizures and carry firearms while investigating violations of this act and during the routine conduct of their duties as determined by the director or designee. In addition to the above, the director and such agents and employees shall have the authority to make arrests, conduct searches and seizures and generally to enforce all the criminal laws of the state as violations of those laws are encountered by such employees or agents during the routine performance of their duties. In addition to or in lieu of the above, the director and the director's agents and employees shall have the authority to issue notices to appear pursuant to K.S.A. 22-2408, and amendments thereto. No agent or employee of the director shall be certified to carry firearms under the provisions of this section without having first successfully completed the firearm training course or courses prescribed for law enforcement officers under subsection (a) of K.S.A. 74-5604a, and amendments thereto. The director may adopt rules and regulations prescribing other training required for such agents or employees.
(c) The attorney general shall appoint, with the approval of the secretary of revenue, an assistant attorney general who shall be the attorney for the director of alcoholic beverage control and the division of alcoholic beverage control, and who shall receive an annual salary fixed by the attorney general with the approval of the director of alcoholic beverage control and the state finance council.
History:
L. 1949, ch. 242, § 6; L. 1953, ch. 239, § 1; L. 1961, ch. 409, § 1; L. 1965, ch. 458, § 2; L. 1967, ch. 443, § 2; L. 1972, ch. 342, § 57; L. 1985, ch. 169, § 1; L. 1994, ch. 353, § 14; L. 1999, ch. 153, § 1; May 20.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-202 Office of director; branch offices.

41-202.
Office of director; branch offices.
The office of the director of alcoholic beverage control shall be in Topeka, but the director may, with the approval of the secretary of revenue, establish and maintain branch offices at places other than the seat of government.
History:
L. 1949, ch. 242, § 7; L. 1972, ch. 342, § 58; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-203 Alcoholic beverage control board of review; abolished; transfer of authority, property, proceedings.

41-203.
Alcoholic beverage control board of review; abolished; transfer of authority, property, proceedings.
(a) The state alcoholic beverage control board of review is hereby abolished.
(b) Whenever the state alcoholic beverage control board of review is referred to or designated by statute, contract or other document, the reference or designation shall be deemed to apply to the director.
(c) All books, records and other property of the state alcoholic beverage control board of review are hereby transferred to the director.
(d) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the state alcoholic beverage control board of review shall abate by reason of the abolition of such board, and the court may allow any such suit, action or other proceeding to be maintained by or against the director.
History:
L. 1949, ch. 242, § 8; L. 1972, ch. 342, § 59; L. 1974, ch. 348, § 14; L. 1982, ch. 347, § 17; L. 1987, ch. 182, § 5; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-204 Director and employees; qualifications.

41-204.
Director and employees; qualifications.
(a) Any person appointed as director and all employees of the division shall be citizens of the United States and residents of the state of Kansas.
(b) No person shall be appointed director or deputy director if such person has been convicted of a felony or of any violation of any federal or state law concerning the manufacture or sale of alcoholic liquor or cereal malt beverages, has paid a fine or penalty in settlement in any prosecution against such person in any violation of such laws or has forfeited bond to appear in court to answer charges for any such violation.
(c) No person appointed director or any employee of the division may have, directly or indirectly, individually or as a member of a partnership, or as a shareholder of a corporation, any interest whatsoever in the manufacture, sale or distribution of alcoholic liquor, nor receive any compensation or profit therefrom, nor have any interest whatsoever in the purchases or sales made by the persons authorized by this act, or to purchase or to sell alcoholic liquor. Nothing in this subsection shall prevent a person subject to this subsection from purchasing and keeping in the person's possession for the use of the person or the person's family or guests any alcoholic liquor which may be purchased or kept by any person by virtue of this act.
History:
L. 1949, ch. 242, § 9; L. 1967, ch. 274, § 1; L. 1987, ch. 182, § 6; L. 2001, ch. 189, § 2; May 24.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-205 Same; oath of office.

41-205.
Same; oath of office.
The director, deputy director and each person appointed by the director shall take and subscribe an oath to support and enforce the provisions of this act and the constitution of the state of Kansas.
History:
L. 1949, ch. 242, § 10; L. 1987, ch. 182, § 7; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-206 Same; conflict of interest.

41-206. Same; conflict of interest.
(a) Except as permitted pursuant to subsection (b), neither the director nor any employee in the office of the director shall solicit or accept, directly or indirectly, any gift, gratuity, emolument or employment from any manufacturer, distributor, wholesaler or retailer of alcoholic liquor or from any person who is an applicant for any license or is a licensee under the provisions of this act, or from any officer, agent or employee thereof; or solicit requests from or recommend, directly or indirectly, to any such person, or to any officer, agent or employee thereof, the appointment of any person to any place or position. Any such person, officer, agent or employee thereof, is hereby forbidden to offer to the director, or any employee in the office of the director, any gift, gratuity, emolument or employment, except as permitted pursuant to subsection (b).
(b) The secretary may adopt rules and regulations allowing the acceptance of official hospitality by the director and employees in the office of the director, subject to such limits as prescribed by the secretary.
(c) If any person who is the director or an employee in the office of the director violates any provision of this section, such person shall be removed from such person's office or employment.
(d) Violation of any provision of this section is a misdemeanor punishable by a fine of not more than $500 or imprisonment of not less than 60 days nor more than six months, or both such fine and imprisonment.
(e) Nothing contained in this section shall be construed as preventing the prosecution and punishment of any person for bribery as defined in the Kansas criminal code.
History:
L. 1949, ch. 242, § 11; L. 1987, ch. 182, § 8; L. 2011, ch. 30, § 180; July 1.
2023 Kansas Statutes › Chapter 41 - Intoxicating Liquors And Beverages › Article 2 - Division Of Alcoholic Beverage Control › 41-207 Director; seal; records, certification and admission in evidence.

41-207.
Director; seal; records, certification and admission in evidence.
The director may, for authentication of the records, process and proceedings of the director, adopt and keep and use a common seal of which judicial notice shall be taken in all of the courts of the state. Any process, notice or other paper which the director may be authorized by law to issue shall be deemed sufficient if signed by the director or deputy director and authenticated by the seal of the director.
All acts, orders, proceedings, rules and regulations, entries, minutes and other records of the director and all reports and documents filed with the director may be proved in any court of this state by copy thereof certified to by the director or the deputy director with the seal of the director attached. A written certificate stating that after diligent search no record or entry of a specified tenor is found to exist in the records of the office of state director of alcoholic beverage control, when signed and certified to by the director or the deputy director and authenticated by the seal of the director, shall be admissible as evidence in any court of this state to prove that the records of the office contain no such record or entry.
History:
L. 1949, ch. 242, § 12; L. 1953, ch. 238, § 2; L. 1987, ch. 182, § 9; July 1.