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SENATE Substitute for Substitute for HOUSE BILL No. 2007
AN ACT reconciling multiple amendments to certain statutes; amending K.S.A. 17-7929,
as amended by section 4 of 2025 House Bill No. 2117, 25-4180, as amended by
section 1 of 2025 House Bill No. 2106, 40-252, as amended by section 9 of 2025
House Bill No. 2050, and 40-3401, as amended by section 1 of 2025 House Bill No.
2039, and K.S.A. 2024 Supp. 8-1,141, 39-923, 39-2009, 40-4302, as amended by
section 24 of 2025 House Bill No. 2334, 45-229, as amended by section 1 of 2025
House Bill No. 2166, 59-2946, as amended by section 10 of 2025 House Bill No.
2249, 59-29b46, as amended by section 11 of 2025 House Bill No. 2249, 72-5170
and 77-440, as amended by section 2 of 2025 Senate Bill No. 77, and repealing the
existing sections; also repealing K.S.A. 17-7929, as amended by section 33 of 2025
House Bill No. 2371, 25-4180, as amended by section 15 of 2025 House Bill No.
2206, 40-252, as amended by section 15 of 2025 House Bill No. 2334, and 40-3401,
as amended by section 7 of 2025 House Bill No. 2249, and K.S.A. 2024 Supp. 8-
1,141a, 21-5705a, 39-923b, 39-2009a, 40-4302, as amended by section 30 of 2025
House Bill No. 2050, 45-229, as amended by section 11 of chapter 95 of the 2024
Session Laws of Kansas, 59-2946, as amended by section 157 of 2025 House Bill
No. 2359, 59-29b46, as amended by section 151 of 2025 House Bill No. 2359, 59-
3077, as amended by section 14 of 2025 House Bill No. 2249, 72-5170a and 77-440,
as amended by section 28 of 2025 House Bill No. 2206.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 8-1,141 is hereby amended to read
as follows: 8-1,141. (a) (1) Except as provided in paragraph (2), any
new distinctive license plate authorized for issuance on and after July 1,
1994, shall be subject to the personalized license plate fee prescribed
by K.S.A. 8-132 (d), and amendments thereto. This section shall not
apply to any distinctive license plate authorized prior to July 1, 1994.
(2) On and after January 1, 2025, any distinctive license plate may
be a personalized license plate subject to the provisions of K.S.A. 8-
132, and amendments thereto. Any personalized distinctive license
plate shall be subject to a fee that is double the amount prescribed by
K.S.A. 8-132(d), and amendments thereto.
(b) The director of vehicles shall not issue any new distinctive
license plate unless there is a guarantee of an initial issuance of at least
250 license plates.
(c) The provisions of this section shall not apply to distinctive
license plates issued under the provisions of K.S.A. 8-177d, 8-1,145, 8-
1,163, 8-1,166, 8-1,185, 8-1,186, 8-1,187, 8-1,188, 8-1,194, 8-1,195, 8-
1,196, 8-1,197, 8-1,198, 8-1,199, 8-1,204 or 8-1,205, and amendments
thereto, or K.S.A. 2024 Supp. 8-1,221 or 8-1,222, and amendments
thereto, except that such distinctive license plates may be personalized
license plates pursuant to subsection (a)(2) if an applicant pays the
personalized license plate fee prescribed by K.S.A. 8-132(d), and
amendments thereto.
(d) The provisions of subsection (a) shall not apply to distinctive
license plates issued under the provisions of K.S.A. 8-1,146, 8-1,148,
8-1,153, 8-1,158 or 8-1,161, and amendments thereto, except that such
distinctive license plates may be personalized license plates pursuant to
subsection (a)(2) if an applicant pays the personalized license plate fee
prescribed by K.S.A. 8-132(d), and amendments thereto.
(e) The provisions of subsection (f) shall not apply to distinctive
license plates issued under the provisions of K.S.A. 8-1,160 , and 8-
1,183, and amendments thereto, and K.S.A. 2024 Supp. 8-1,211 and 8-
1,219, and amendments thereto, except that the division shall delay the
manufacturing and issuance of such distinctive license plate until the
division has received not fewer than 100 orders for such plate,
including payment of the personalized license plate fee required under
subsection (a). Upon certification by the director of vehicles to the
director of accounts and reports that not less than 100 paid orders for
such plate have been received, the director of accounts and reports shall
transfer $4,000 from the state highway fund to the distinctive license
plate fund.
(f) (1) Any person or organization sponsoring any distinctive
license plate authorized by the legislature shall submit to the division of
vehicles a nonrefundable amount not to exceed $5,000, to defray the
division's cost for developing such distinctive license plate.
(2) All moneys received under this subsection shall be remitted by
the secretary of revenue to the state treasurer in accordance with the
SENATE Substitute for HOUSE BILL No. 2007—page 2
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the distinctive license plate
fund which is hereby created in the state treasury. All moneys credited
to the distinctive license plate fund shall be used by the department of
revenue only for the purpose associated with the development of
distinctive license plates. All expenditures from the distinctive license
plate application fee fund shall be made in accordance with
appropriation acts, upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the secretary of the
department of revenue.
(g) The director of vehicles shall discontinue the issuance of any
distinctive license plate if:
(1) Fewer than 250 plates, including annual renewals, are issued
for that distinctive license plate by the end of the second year of sales;
and
(2) fewer than 125 license plates, including annual renewals, are
issued for that distinctive license plate during any subsequent two-year
period.
(h) An application for any distinctive license plate issued and the
corresponding royalty fee may be collected either by the county
treasurer or the entity benefiting from the issuance of the distinctive
license plate. Annual royalty payments collected by the county
treasurers shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance the state treasurer shall deposit the entire
amount in the state treasury to the credit of a segregated royalty fund
which shall be administered by the state treasurer. All expenditures
from the royalty fund shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the state treasurer or the state
treasurer's designee. Payments from the royalty fund shall be made to
the entity benefiting from the issuance of the distinctive license plate on
a monthly basis.
(i) Notwithstanding any other provision of law, for any distinctive
license plate, the division shall produce such distinctive license plate
for a motorcycle upon request to the division by the organization
sponsoring the distinctive license plate.
(j) In addition to any residency requirements for all distinctive
license plates, any person not a resident of Kansas, serving as a
member of the armed forces stationed in this state shall be eligible to
apply for any distinctive license plate as if the individual was a resident
of this state. Such person shall be eligible to renew the distinctive
license plate registration as long as the person is still stationed in this
state at the time the registration is renewed.
Sec. 2. K.S.A. 17-7929, as amended by section 4 of 2025 House
Bill No. 2117, is hereby amended to read as follows: 17-7929. (a) The
resident agent of a covered entity, including a resident agent that no
longer qualifies to be a resident agent under K.S.A. 17-7925, and
amendments thereto, may resign without appointing a successor by
paying a fee if authorized by law, as provided by K.S.A. 17-7910, and
amendments thereto, and filing a certificate of resignation, with the
secretary of state stating that the resident agent resigns as resident agent
for the covered entity or entities identified in the certificate, but such
resignation shall not become effective until 30 days after the certificate
is filed. The certificate shall be executed by the resident agent, shall
contain a statement that written notice of resignation was given to each
affected the covered entity at least 30 days prior to the filing of the
certificate by mailing or delivering such notice to the covered entity at
its address last known to the resident agent and shall set forth the date
of such notice. The certificate shall also include the postal address and
name and contact information of an officer, director, employee or
designated agent who is then authorized to receive communications
from the resident agent with respect to the affected covered entities last
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known to the resident agent.
(b) After receipt of the notice of the resignation of its resident
agent, provided for in subsection (a), any covered entity for which such
resident agent was acting shall obtain and designate a new resident
agent to take the place of the resident agent so resigning. Such covered
entity shall pay a fee if authorized by law, as provided by K.S.A. 17-
7910, and amendments thereto, and file with the secretary of state a
certificate setting forth the name and postal address of the successor
resident agent. Upon such filing, the successor resident agent shall
become the resident agent of such covered entity and the successor
resident agent's postal address, as stated in such certificate, shall
become the postal address of the covered entity's registered office in
this state. If such covered entity fails to obtain and designate a new
resident agent as aforesaid, prior to the expiration of the period of 60
days after the filing by the resident agent of the certificate of
resignation, the secretary of state shall declare the entity's organizing
documents forfeited.
(c) After the resignation of the resident agent shall have become
effective, as provided in subsection (a), and if no new resident agent
shall have been obtained and designated in the time and manner
provided for in subsection (b), service of legal process against the
covered entity, or in the case of a domestic or foreign limited liability
company, any series of such limited liability company, for which the
resigned resident agent had been acting shall thereafter be upon the
secretary of state in the manner prescribed by K.S.A. 60-304, and
amendments thereto.
(d) Any covered entity affected by the filing of a certificate under
this section shall not be required to take any further action to amend its
public organic documents to reflect a change of registered office or
resident agent.
Sec. 3. K.S.A. 25-4180, as amended by section 1 of 2025 House
Bill No. 2106, is hereby amended to read as follows: 25-4180. (a)
Every person who engages in any activity promoting or opposing the
adoption or repeal of any provision of the constitution of the state of
Kansas and who accepts moneys or property for the purpose of
engaging in such activity shall make an annual report to the secretary of
state of individual contributions or contributions in kind in an aggregate
amount or value in excess of $50 received during the preceding
calendar year for such purposes. The report shall show the name and
address of each contributor for the activity and the amount or value of
the individual contribution made, together with a total value of all
contributions received, and also shall account for expenditures in an
aggregate amount or value in excess of $50 from such contributions, by
showing the amount or value expended to each payee and the purpose
of each such expenditure, together with a total value of all expenditures
made. Each person who submits a report shall certify that:
(1) Such person has not knowingly accepted contributions or
expenditures either directly or indirectly from a foreign national; and
(2) each donor named in such report is not a foreign national and
has not knowingly accepted contributions or expenditures either
directly or indirectly from any foreign national that in the aggregate
exceed $100,000 within the four-year period immediately preceding the
date of such donor's contribution or expenditure. The annual report
shall be filed on or before February 15 of each year for the preceding
calendar year.
(b) Each person who accepts contributions or expenditures as
described in subsection (a) shall require each donor to certify that such
donor is not a foreign national and has not knowingly accepted
contributions or expenditures either directly or indirectly from any
foreign national that in the aggregate exceed $100,000 within the four-
year period immediately preceding the date of such donor's
contribution or expenditure.
(c) Each person making an independent expenditure for any
activity promoting or opposing the adoption or repeal of any provision
SENATE Substitute for HOUSE BILL No. 2007—page 4
of the constitution of the state of Kansas shall, within 48 hours of
making such expenditure, certify to the commission that such person
has not knowingly accepted any moneys either directly or indirectly
from any foreign national that in the aggregate exceed $100,000 within
the four-year period immediately preceding the date of such person's
expenditure and shall not accept any such moneys during the remainder
of the calendar year in which the question of amending the constitution
of the state of Kansas is on the ballot.
(d) (1) No person shall accept, directly or indirectly, any
contribution or expenditure from a foreign national made for any
activity promoting or opposing the adoption or repeal of any provision
of the constitution of the state of Kansas.
(2) The attorney general may prosecute any person who violates
this subsection. Any person who believes the provisions of this
subsection have been violated may file a complaint with the attorney
general.
(3) In any civil action brought by the commission or the attorney
general against a person who violates this subsection, the court may
award injunctive relief sufficient to prevent any subsequent violations
of this subsection by such person and statutory damages of not to
exceed an amount that is twice the amount of the prohibited
contribution or expenditure.
(e) As used in this section, "foreign national" means:
(1) An individual who is not a citizen or lawful permanent resident
of the United States;
(2) a government or subdivision of a foreign country or
municipality thereof;
(3) a foreign political party;
(4) any entity, such as a partnership, association, corporation,
organization or other combination of persons, that is organized under
the laws of, or has its principal place of business in, a foreign country;
or
(5) any United States entity, such as a partnership, association,
corporation or organization, that is wholly or majority-owned by any
foreign national, unless: (1) Any contribution or expenditure that such
entity makes is derived entirely from funds generated by such United
States entity's United States operations; and (2) all decisions
concerning the contribution or expenditure are made by individuals
who are United States citizens or permanent residents, except for
setting overall budget amounts.
(f) In addition to the annual report, a person engaging in an
activity promoting the adoption or repeal of a provision of the Kansas
constitution who accepts any contributed moneys for such activity shall
make a preliminary report to the secretary of state 15 days prior to each
election at which a proposed constitutional amendment is submitted.
Such report shall show the name and address of each individual
contributor, together with the amount contributed or contributed in kind
in an aggregate amount or value in excess of $50, the expenditures in
an aggregate amount or value in excess of $50 from such contributions,
by showing the amount paid to each payee, and the purpose of the
expenditure. A supplemental report in the same format as the
preliminary report shall be filed with the secretary of state within 15
days after any election on a constitutional proposition where
contributed funds are received and expended in opposing or promoting
such proposition.
(g) Any person who engages in any activity promoting or
opposing the adoption or repeal of any provision of the Kansas
constitution shall be considered engaged in such activity upon the date
that the concurrent resolution passes the Kansas house of
representatives and the senate in its final form. Upon such date, if the
person has funds in the constitutional amendment campaign treasury,
such person shall be required to report such funds as provided by this
section.
(h) (1) The commission shall send a notice by registered or
SENATE Substitute for HOUSE BILL No. 2007—page 5
certified mail to any person failing to file any report required by
subsection (a), (f) or (g) within the time period prescribed therefor. The
notice shall state that the required report has not been filed with the
office of the secretary of state. The notice also shall state that such
person shall have 15 days from the date that such notice is deposited in
the mail to comply with the reporting requirements before a civil
penalty shall be imposed for each day that the required documents
remain unfiled. If such person fails to comply within the prescribed
period, such person shall pay to the state a civil penalty of $10 per day
for each day that such report remains unfiled, except that no such civil
penalty shall exceed $300. The commission may waive, for good cause,
payment of any civil penalty imposed by this section.
(2) Civil penalties provided for by this section shall be remitted to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount in the state treasury to the
credit of the governmental ethics Kansas public disclosure commission
fee fund.
(3) If a person fails to pay a civil penalty provided for by this
section, it shall be the duty of the commission to bring an action to
recover such civil penalty in the district court of the county in which
such person resides.
(i) The intentional failure to file any report required by subsection
(a) is a class A misdemeanor.
(j) This section shall be a part of and supplemental to the
campaign finance act.
Sec. 4. K.S.A. 2024 Supp. 39-923 is hereby amended to read as
follows: 39-923. (a) As used in this act:
(1) "Adult care home" means any nursing facility, nursing facility
for mental health, intermediate care facility for people with intellectual
disability, assisted living facility, residential healthcare facility, home
plus, boarding care home and adult day care facility, all of which are
classifications of adult care homes and are required to be licensed by
the secretary for aging and disability services.
(2) "Nursing facility" means any place or facility operating 24
hours a day, seven days a week, caring for six or more individuals not
related within the third degree of relationship to the administrator or
owner by blood or marriage and who, due to functional impairments,
need skilled nursing care to compensate for activities of daily living
limitations.
(3) "Nursing facility for mental health" means any place or facility
operating 24 hours a day, seven days a week, caring for six or more
individuals not related within the third degree of relationship to the
administrator or owner by blood or marriage and who, due to functional
impairments, need skilled nursing care and special mental health
services to compensate for activities of daily living limitations.
(4) "Intermediate care facility for people with intellectual
disability" means any place or facility operating 24 hours a day, seven
days a week, caring for four or more individuals not related within the
third degree of relationship to the administrator or owner by blood or
marriage and who, due to functional impairments caused by intellectual
disability or related conditions, need services to compensate for
activities of daily living limitations.
(5) "Assisted living facility" means any place or facility caring for
six or more individuals not related within the third degree of
relationship to the administrator, operator or owner by blood or
marriage and who, by choice or due to functional impairments, may
need personal care and supervised nursing care to compensate for
activities of daily living limitations and in which the place or facility
includes apartments for residents and provides or coordinates a range of
services including personal care or supervised nursing care available 24
hours a day, seven days a week, for the support of resident
independence. The provision of skilled nursing procedures to a resident
in an assisted living facility is not prohibited by this act. Generally, the
SENATE Substitute for HOUSE BILL No. 2007—page 6
skilled services provided in an assisted living facility shall be provided
on an intermittent or limited term basis, or if limited in scope, a regular
basis.
(6) "Residential healthcare facility" means any place or facility, or
a contiguous portion of a place or facility, caring for six or more
individuals not related within the third degree of relationship to the
administrator, operator or owner by blood or marriage and who, by
choice or due to functional impairments, may need personal care and
supervised nursing care to compensate for activities of daily living
limitations and where such place or facility includes individual living
units and provides or coordinates personal care or supervised nursing
care available 24 hours a day, seven days a week for the support of
resident independence. The provision of skilled nursing procedures to a
resident in a residential healthcare facility is not prohibited by this act.
Generally, the skilled services provided in a residential healthcare
facility shall be provided on an intermittent or limited term basis, or if
limited in scope, a regular basis.
(7) "Home plus" means any residence or facility caring for not
more than 12 individuals not related within the third degree of
relationship to the operator or owner by blood or marriage unless the
resident in need of care is approved for placement by the secretary for
children and families, and who, due to functional impairment, needs
personal care and may need supervised nursing care to compensate for
activities of daily living limitations. The level of care provided to
residents shall be determined by preparation of the staff and rules and
regulations developed by the Kansas department for aging and
disability services. An adult care home may convert a portion of one
wing of the facility to a not less than five-bed but not more than 12-bed
home plus facility if the home plus facility remains separate from the
adult care home and each facility remains contiguous. Any home plus
that provides care for more than eight individuals after the effective
date of this act shall adjust staffing personnel and resources as
necessary to meet residents' needs in order to maintain the current level
of nursing care standards. Personnel of any home plus who provide
services for residents with dementia shall be required to take annual
dementia care training.
(8) "Boarding care home" means any place or facility operating 24
hours a day, seven days a week, caring for not more than 10 individuals
not related within the third degree of relationship to the operator or
owner by blood or marriage and who, due to functional impairment,
need supervision of activities of daily living but who are ambulatory
and essentially capable of managing their own care and affairs.
(9) "Continuing care retirement community" means any place or
facility that combines a range of housing and services to encompass the
continuum of aging care needs provided at an independent living
facility, an assisted living facility, a residential healthcare facility, home
plus or a skilled nursing care facility within a single place or facility to
avoid the need for residents to relocate to a separate place or facility.
The provision of community care includes the multiple levels of care
provided as part of a continuing care retirement community.
(10) "Adult day care" means any place or facility operating less
than 24 hours a day caring for individuals not related within the third
degree of relationship to the operator or owner by blood or marriage
and who, due to functional impairment, need supervision of or
assistance with activities of daily living.
(11) "Place or facility" means a building or any one or more
complete floors of a building, or any one or more complete wings of a
building, or any one or more complete wings and one or more complete
floors of a building. "Place or facility" includes multiple buildings.
(12) "Skilled nursing care" means services performed by or under
the immediate supervision of a registered professional nurse and
additional licensed nursing personnel. Skilled nursing includes
administration of medications and treatments as prescribed by a
licensed physician or dentist and other nursing functions that require
SENATE Substitute for HOUSE BILL No. 2007—page 7
substantial nursing judgment and skill based on the knowledge and
application of scientific principles.
(13) "Supervised nursing care" means services provided by or
under the guidance of a licensed nurse with initial direction for nursing
procedures and periodic inspection of the actual act of accomplishing
the procedures administration of medications and treatments as
prescribed by a licensed physician or dentist and assistance of residents
with the performance of activities of daily living.
(14) "Resident" means all individuals kept, cared for, treated,
boarded or otherwise accommodated in any adult care home.
(15) "Person" means any individual, firm, partnership,
corporation, company, association or joint-stock association, and the
legal successor thereof.
(16) "Operate an adult care home" means to own, lease, sublease,
establish, maintain, conduct the affairs of or manage an adult care
home, except that for the purposes of this definition the words "own"
and "lease" do not include hospital districts, cities and counties that
hold title to an adult care home purchased or constructed through the
sale of bonds.
(17) "Licensing agency" means the secretary for aging and
disability services.
(18) "Skilled nursing home" means a nursing facility.
(19) "Intermediate nursing care home" means a nursing facility.
(20) "Apartment" means a private unit that includes, but is not
limited to, a toilet room with bathing facilities, a kitchen, sleeping,
living and storage area and a lockable door.
(21) "Individual living unit" means a private unit that includes, but
is not limited to, a toilet room with bathing facilities, sleeping, living
and storage area and a lockable door.
(22) "Operator" means an individual registered pursuant to the
operator registration act, K.S.A. 39-973 et seq., and amendments
thereto, who may be appointed by a licensee to have the authority and
responsibility to oversee an assisted living facility or residential
healthcare facility with fewer than 61 residents, a home plus or adult
day care facility.
(23) "Activities of daily living" means those personal, functional
activities required by an individual for continued well-being, including,
but not limited to, eating, nutrition, dressing, personal hygiene,
mobility and toileting.
(24) "Personal care" means care provided by staff to assist an
individual with or to perform activities of daily living.
(25) "Functional impairment" means an individual has
experienced a decline in physical, mental and psychosocial well-being
and, as a result, is unable to compensate for the effects of the decline.
(26) "Kitchen" means a food preparation area that includes a sink,
refrigerator and a microwave oven or stove.
(27) "Intermediate personal care home" for purposes of those
individuals applying for or receiving veterans' benefits means
residential healthcare facility.
(28) "Paid nutrition assistant" means an individual who is paid to
feed residents of an adult care home, or who is used under an
arrangement with another agency or organization, who is trained by a
person meeting nurse aide instructor qualifications as prescribed by 42
C.F.R. § 483.152, 42 C.F.R. § 483.160 and 42 C.F.R. § 483.35(h), and
who provides such assistance under the supervision of a registered
professional or licensed practical nurse.
(29) "Medicaid program" means the Kansas program of medical
assistance for which federal or state moneys, or any combination
thereof, are expended any successor federal or state, or both, health
insurance program or waiver granted thereunder.
(30) "Licensee" means any person or persons acting jointly or
severally who are licensed by the secretary for aging and disability
services pursuant to the adult care home licensure act, K.S.A. 39-923 et
seq., and amendments thereto.
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(31) "Insolvent" means that the adult care home or any individual
or entity that operates an adult care home or appears on the adult care
home license and has stopped paying debts in the ordinary course of
business or is unable to pay debts as they come due in the ordinary
course of business.
(b) The term "Adult care home" does not include institutions
operated by federal or state governments, except institutions operated
by the director of the Kansas commission on veterans affairs office of
veterans services, hospitals or institutions for the treatment and care of
psychiatric patients, child care facilities, maternity centers, hotels,
offices of physicians or hospices that are certified to participate in the
medicare program under 42 C.F.R. § 418.1 et seq., and provide services
only to hospice patients, or centers approved by the centers for
medicare and medicaid services as a program for all-inclusive care for
the elderly (PACE) under 42 C.F.R. § 460 et seq., that provides services
only to PACE participants.
(c) Nursing facilities in existence on the effective date of this act
changing licensure categories to become residential healthcare facilities
shall be required to provide private bathing facilities in a minimum of
20% of the individual living units.
(d) Facilities licensed under the adult care home licensure act on
the day immediately preceding the effective date of this act shall
continue to be licensed facilities until the annual renewal date of such
license and may renew such license in the appropriate licensure
category under the adult care home licensure act subject to the payment
of fees and other conditions and limitations of such act.
(e) Nursing facilities with fewer than 60 beds converting a portion
of the facility to residential healthcare shall have the option of licensing
for residential healthcare for fewer than six individuals but not less than
10% of the total bed count within a contiguous portion of the facility.
(f) The licensing agency may by rule and regulation change the
name of the different classes of homes when necessary to avoid
confusion in terminology, and such agency may further amend,
substitute, change and in a manner consistent with the definitions
established in this section, further define and identify the specific acts
and services that shall fall within the respective categories of facilities
so long as the above categories for adult care homes are used as
guidelines to define and identify the specific acts.
Sec. 5. K.S.A. 2024 Supp. 39-2009 is hereby amended to read as
follows: 39-2009. (a) As used in this section:
(1) "Applicant" means an individual who applies for employment
with a center, facility, hospital or a provider of services or applies to
work for an employment agency or as an independent contractor that
provides staff to a center, facility, hospital or a provider of services.
(2) "Completion of the sentence" means the last day of the entire
term of incarceration imposed by a sentence, including any term that is
deferred, suspended or subject to parole, probation, diversion,
community corrections, fines, fees, restitution or any other imposed
sentencing requirements.
(3) "Department" means the Kansas department for aging and
disability services.
(4) "Direct access" means work that involves an actual or
reasonable expectation of one-on-one interaction with a consumer or a
consumer's property, personally identifiable information, medical
records, treatment information or financial information.
(5) "Direct supervision" means that a supervisor is physically
present within an immediate distance to a supervisee and is available to
provide constant direction, feedback and assistance to a client and the
supervisee.
(6) "Employment agency" means an organization or entity that has
a contracted relationship with a center, hospital, facility or provider of
services to provide staff with direct access to consumers.
(7) "Independent contractor" means an organization, entity, agency
or individual that provides contracted workers or services to a center,
SENATE Substitute for HOUSE BILL No. 2007—page 9
facility, hospital or provider of services.
(8) "Day service provider" means a provider of day support
services for development in self-help, social skills, recreational skills
and work skills for adults with intellectual or developmental disabilities
that is licensed by the department or a separate and distinct dedicated
division of a provider of day support services for development in self-
help, social skills, recreational skills and work skills for adults with
intellectual or developmental disabilities licensed by the department.
(b) (1) No licensee shall knowingly operate a center, facility,
hospital or be a provider of services if any person who works in the
center, facility, hospital or for a provider of services has adverse
findings on any state or national registry, as defined in rules and
regulations adopted by the secretary for aging and disability services, or
has been convicted of or has been adjudicated a juvenile offender
because of having committed an act which, if committed by an adult,
would constitute the commission of capital murder, pursuant to K.S.A.
21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments
thereto, first degree murder, pursuant to K.S.A. 21-3401, prior to its
repeal, or K.S.A. 21-5402, and amendments thereto, second degree
murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or K.S.A. 21-
5403(a), and amendments thereto, voluntary manslaughter, pursuant to
K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406,
prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
mistreatment of a dependent adult or mistreatment of an elder person,
pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and
amendments thereto, human trafficking, pursuant to K.S.A. 21-3446,
prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto,
aggravated human trafficking, pursuant to K.S.A. 21-3447, prior to its
repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant
to K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
amendments thereto, indecent liberties with a child, pursuant to K.S.A.
21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments
thereto, aggravated indecent liberties with a child, pursuant to K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto, indecent
solicitation of a child, pursuant to K.S.A. 21-3510, prior to its repeal, or
K.S.A. 21-5508(a), and amendments thereto, aggravated indecent
solicitation of a child, pursuant to K.S.A. 21-3511, prior to its repeal, or
K.S.A. 21-5508(b), and amendments thereto, sexual exploitation of a
child, pursuant to K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
5510, and amendments thereto, sexual battery, pursuant to K.S.A. 21-
3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments
thereto, aggravated sexual battery, pursuant to K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto, commercial
sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
amendments thereto, an attempt to commit any of the crimes listed in
this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or
K.S.A. 21-5301, and amendments thereto, a conspiracy to commit any
of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, or criminal
solicitation of any of the crimes listed in this paragraph, pursuant to
K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
amendments thereto, or similar statutes of other states or the federal
government.
(2) (A) A licensee operating a center, facility or hospital or as a
provider of services may employ an applicant who has been convicted
of any of the following if six or more years have elapsed since
completion of the sentence imposed or the applicant was discharged
from probation, a community correctional services program, parole,
postrelease supervision, conditional release or a suspended sentence; if
six or more years have elapsed since a community correctional services
program, parole, postrelease supervision, conditional release or a
SENATE Substitute for HOUSE BILL No. 2007—page 10
suspended sentence; or if the applicant has been granted a waiver of
such six-year disqualification: A felony conviction for a crime that is
described in: (i) Article 34 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 54 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, except those
crimes listed in paragraph (1); (ii) article 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, and amendments thereto, prior to their
repeal, or article 55 or 56 of chapter 21 of the Kansas Statutes
Annotated or K.S.A. 21-6420, and amendments thereto, except those
crimes listed in paragraph (1); (iii) K.S.A. 21-3701, prior to its repeal,
or K.S.A. 21-5801, and amendments thereto; (iv) an attempt to commit
any of the crimes listed in this paragraph pursuant to K.S.A. 21-3301,
prior to its repeal, or K.S.A. 21-5301, and amendments thereto; (v) a
conspiracy to commit any of the crimes listed in this paragraph
pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and
amendments thereto; (vi) criminal solicitation of any of the crimes
listed in this paragraph pursuant to K.S.A. 21-3303, prior to its repeal,
or K.S.A. 21-5303, and amendments thereto; or (vii) similar statutes of
other states or the federal government.
(B) An individual who has been disqualified for employment due
to conviction or adjudication of an offense listed in this paragraph may
apply to the secretary for aging and disability services for a waiver of
such disqualification if five years have elapsed since completion of the
sentence for such conviction. The secretary shall adopt rules and
regulations establishing the waiver process and the criteria to be
utilized by the secretary in evaluating any such waiver request.
(3) (A) A licensee operating a center, facility, hospital or as a
provider of services may employ an applicant who has been convicted
of any of the following if six or more years have elapsed since
completion of the sentence imposed or the applicant was discharged
from probation, a community correctional services program, parole,
postrelease supervision, conditional release or a suspended sentence; if
six or more years have elapsed since the applicant has been finally
discharged from the custody of the secretary of corrections or from
probation or has been adjudicated a juvenile offender, whichever time
is longer; or if the applicant has been granted a waiver of such six-year
disqualification:
(i) Interference with custody of a committed person pursuant to
K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and
amendments thereto; mistreatment of a confined person pursuant to
K.S.A. 21-3425, prior to its repeal, or K.S.A. 21-5416, and
amendments thereto; unlawful administration of a substance pursuant
to K.S.A. 21-3445, prior to its repeal, or K.S.A. 21-5425, and
amendments thereto; violation of a protective order pursuant to K.S.A.
21-3843, prior to its repeal, or K.S.A. 21-5924; promoting obscenity or
promoting obscenity to minors pursuant to K.S.A. 21-4301 or 21-
4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
thereto; or cruelty to animals pursuant to K.S.A. 21-3727, 21-4310 or
21-4311, prior to their repeal, or K.S.A. 21-6412, and amendments
thereto; or
(ii) any felony conviction of: Unlawful manufacture of a
controlled substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to
its repeal, or K.S.A. 21-5703, and amendments thereto; unlawful
cultivation or distribution of a controlled substance pursuant to K.S.A.
2010 Supp. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and
amendments thereto; unlawful manufacture, distribution, cultivation or
possession of a controlled substance using a communication facility
pursuant to K.S.A. 2010 Supp. 21-36a07, prior to its repeal, or K.S.A.
21-5707, and amendments thereto; unlawful obtainment or sale of a
prescription-only drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior
to its repeal, or K.S.A. 21-5708, and amendments thereto; unlawful
distribution of drug precursors or drug paraphernalia pursuant to K.S.A.
2010 Supp. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and
amendments thereto; unlawful distribution or possession of a simulated
SENATE Substitute for HOUSE BILL No. 2007—page 11
controlled substance pursuant to K.S.A. 2010 Supp. 21-36a13, prior to
its repeal, or K.S.A. 21-5713, and amendments thereto; forgery
pursuant to K.S.A. 21-3710, prior to its repeal, or K.S.A. 21-5823, and
amendments thereto; criminal use of a financial card pursuant to K.S.A.
21-3729, prior to its repeal, or K.S.A. 21-5828, and amendments
thereto; any violation of the Kansas medicaid fraud control act pursuant
to K.S.A. 21-3844 et seq., prior to their repeal, or K.S.A. 21-5925 et
seq., and amendments thereto; making a false claim, statement or
representation to the medicaid program pursuant to K.S.A. 21-3846,
prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-
3856, prior to its repeal, or K.S.A. 21-5929, and amendments thereto;
identity theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018,
prior to its repeal, or K.S.A. 21-6107, and amendments thereto; or
social welfare fraud pursuant to K.S.A. 39-720, and amendments
thereto. The provisions of this paragraph shall not apply to any person
who is employed by a center, facility, hospital or provider of services
on or before July 1, 2018, and is continuously employed by the same
center, facility, hospital or provider of services or to any person during
or upon successful completion of a diversion agreement.
(B) An individual who has been disqualified for employment due
to conviction or adjudication of an offense listed in this paragraph may
apply to the secretary for aging and disability services for a waiver of
such disqualification if five years have elapsed since completion of the
sentence for such conviction or adjucation . The secretary shall adopt
rules and regulations establishing the waiver process and criteria to be
considered by the secretary in evaluating any such waiver request.
(c) No licensee shall operate a center, facility, hospital or be a
provider of services if such licensee has been found to be an adult with
an impairment in need of a guardian or a conservator, or both, as
provided in the act for obtaining a guardian or conservator, or both. The
provisions of this subsection shall not apply to an individual who, as a
minor, was found to be in need of a guardian or conservator for reasons
other than impairment.
(d) (1) The Kansas bureau of investigation shall release all records
of adult and juvenile convictions and adjudications and adult and
juvenile convictions and adjudications of any other state or country
concerning persons working in a center, facility, hospital or for a
provider of services to the secretary for aging and disability services in
accordance with K.S.A. 22-4714, and amendments thereto . The Kansas
bureau of investigation may charge to the Kansas department for aging
and disability services a reasonable fee for providing criminal history
record information under this subsection.
(2) The department shall may require an applicant to be
fingerprinted and to submit to a state and national criminal history
record check in accordance with K.S.A. 22-4714, and amendments
thereto. The fingerprints shall be used to identify the individual and to
determine whether the individual has a record of criminal history in this
state or other jurisdiction. The department is authorized to submit the
fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a state and national criminal history record
check. The department may use the information obtained from
fingerprinting and the criminal history record check for purposes of
verifying the identification of the person and for making an official
determination of the qualifications and fitness of the person to work in
the center, facility, hospital or for a provider of services.
(3) An applicant for employment in a center, facility, hospital or
for a provider of services shall have 20 calendar days after receipt of
authorization to submit the applicant's fingerprints through an
authorized collection site in order to be eligible for provisional
employment or the applicant's application shall be deemed withdrawn.
(4) (A) The current or prospective employer of an applicant shall
SENATE Substitute for HOUSE BILL No. 2007—page 12
pay a reasonable fee not to exceed $19 of the total cost for criminal
history record information to the department for each applicant
submitted.
(B) The prospective employer, employee or independent
contractor shall pay the fingerprint collection fee at the time of
fingerprinting to the authorized collection site.
(5) If an applicant disputes the contents of a criminal history
record check, then the applicant may file an appeal with the Kansas
bureau of investigation.
(6) Individuals who have been disqualified for employment by
reason of their criminal history records and who have met the
requirements of this subsection may apply for a waiver with the
department within 30 days of the receipt of the notice of employment
prohibition.
(7) The department shall adopt rules and regulations specifying
the criteria and procedure for issuing a waiver of the employment
prohibition. The secretary shall consider the following criteria when
rendering a decision on such a waiver request: Passage of time;
extenuating circumstances; demonstration of rehabilitation; and
relevancy of the criminal history record information to the position for
which the applicant is applying. Any employment prohibition issued
shall remain in effect unless or until a waiver is granted.
(e) The secretary shall provide each licensee requesting
information under this section with a pass or fail determination after
review of any criminal history record information in writing and within
three working days of receipt of such information from the Kansas
bureau of investigation or the federal bureau of investigation.
(f) Any licensee or member of the staff who receives information
concerning the fitness or unfitness of any person shall keep such
information confidential, except that the staff person may disclose such
information to the person who is the subject of the request for
information. A violation of this subsection shall be an unclassified
misdemeanor punishable by a fine of $100.
(g) For the purpose of complying with this section, the licensee
operating a center, facility, hospital or a provider of services shall
request from the Kansas department for aging and disability services an
eligibility determination regarding adult and juvenile convictions and
adjudications. For the purpose of complying with this section, the
licensee operating a center, facility, hospital or a provider of services
shall receive from any employment agency or independent contractor
that provides employees to work in the center, facility, hospital or for
the provider of services written certification that such employees are
not prohibited from working in the center, facility, hospital or for the
provider of services under this section . For the purpose of complying
with this section, a licensee may hire an applicant for provisional
employment on a one-time basis of 60 calendar days pending the
results from the Kansas department for aging and disability services of
an eligibility determination under this subsection. A provisional
employee may only be supervised by an employee who has completed
all training required by federal regulations, department rules and
regulations and the center's, facility's, hospital's or provider of services'
policies and procedures. No licensee, its contractors or employees, shall
be liable for civil damages to any person refused employment or
discharged from employment by reason of such licensee's compliance
with the provisions of this section if such licensee acts in good faith to
comply with this section.
(h) The licensee operating a center, facility, hospital or a provider
of services shall not require an applicant under this section to be
fingerprinted, if the applicant has been the subject of a criminal history
record check under this act within one year prior to the application for
employment with the licensee operating a center, facility, hospital or a
provider of services and has maintained a record of continuous
employment, with no lapse of employment of over 90 days in any
center, facility, hospital or a provider of services covered by this act.
SENATE Substitute for HOUSE BILL No. 2007—page 13
Sec. 6. K.S.A. 40-252, as amended by section 9 of 2025 House
Bill No. 2050, is hereby amended to read as follows: 40-252. Not later
than December 1 of each year, the commissioner shall set and cause to
be published in the Kansas register the fees required pursuant to this
section for the next calendar year.
Every insurance company or fraternal benefit society organized
under the laws of this state or doing business in this state shall pay to
the commissioner of insurance fees and taxes not to exceed the amounts
specified in the following schedule:
A
Insurance companies organized under the laws of this state:
1. Capital stock insurance companies and mutual legal reserve life
insurance companies:
Filing application for sale of stock or certificates of
indebtedness............................................................................... $25
Admission fees:
Examination of charter and other documents.............................500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
2. Mutual life, accident and health associations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority..............................................10
3. Mutual fire, hail, casualty and multiple line insurers and reciprocal
or interinsurance exchanges:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees and as a condition precedent to the
continuation of the certificate of authority provided in this code, all
such companies shall pay a one-time fee of $2 for each newly certified
agent. Such fee shall be non-recurrent and constitute the only
appointment fee charged for the duration of such newly certified agent's
employment with the appointing company. Such companies shall also
pay a tax annually upon all premiums received on risk located in this
state at the rate of 2% for tax year 2025 and 1.98% for tax year 2026,
and all tax years thereafter, per annum less any taxes paid on business
in this state pursuant to the provisions of K.S.A. 75-1508, and
amendments thereto, and the amount of the firefighters relief tax credit
determined by the commissioner of insurance. The amount of the
firefighters relief tax credit for a company for the current tax year shall
be determined by the commissioner of insurance by dividing: (A) The
total amount of credits against the tax imposed by this section for taxes
paid by all such companies on business in this state under K.S.A. 40-
1701 through 40-1707, and amendments thereto, for tax year 1983, by
(B) the total amount of taxes paid by all such companies on business in
this state under K.S.A. 40-1703, and amendments thereto, for the tax
year immediately preceding the current tax year, and by multiplying the
result so obtained by (C) the amount of taxes paid by the company on
business in this state under K.S.A. 40-1703, and amendments thereto,
for the current tax year.
In the computation of the gross premiums all such companies shall
be entitled to deduct any premiums returned on account of
SENATE Substitute for HOUSE BILL No. 2007—page 14
cancellations, including funds accepted before January 1, 1997, and
declared and taxed as annuity premiums that, on or after January 1,
1997, are withdrawn before application to the purchase of annuities, all
premiums received for reinsurance from any other company authorized
to do business in this state, dividends returned to policyholders and
premiums received in connection with the funding of a pension,
deferred compensation, annuity or profit-sharing plan qualified or
exempt under sections 401, 403, 404, 408, 457 or 501 of the United
States internal revenue code of 1986. Funds received by life insurers
for the purchase of annuity contracts and funds applied by life insurers
to the purchase of annuities shall not be deemed taxable premiums or
be subject to tax under this section for tax years commencing on or
after January 1, 1997.
B
Fraternal benefit societies organized under the laws of this state:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
C
Mutual nonprofit hospital service corporations, nonprofit medical
service corporations, nonprofit dental service corporations, nonprofit
optometric service corporations and nonprofit pharmacy service
corporations organized under the laws of this state:
1. Mutual nonprofit hospital service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
2. Nonprofit medical service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
3. Nonprofit dental service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
4. Nonprofit optometric service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
5. Nonprofit pharmacy service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
SENATE Substitute for HOUSE BILL No. 2007—page 15
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees and as a condition precedent to the
continuation of the certificate of authority, provided in this code, every
corporation or association shall pay annually to the commissioner of
insurance a tax in an amount equal to 2% for tax year 2025 and 1.98%
for tax year 2026, and all tax years thereafter, per annum of the total of
all premiums, subscription charges, or any other term that may be used
to describe the charges made by such corporation or association to
subscribers for hospital, medical or other health services or indemnity
received during the preceding year. In such computations all such
corporations or associations shall be entitled to deduct any premiums or
subscription charges returned on account of cancellations and dividends
returned to members or subscribers.
D
Insurance companies organized under the laws of any other state,
territory or country:
1. Capital stock insurance companies and mutual legal reserve life
insurance companies:
Filing application for sale of stock or certificates of indebtedness
$25
Admission fees:
Examination of charter and other documents.............................500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees, all such companies shall pay a one-
time fee of $5 for each newly certified agent. Such fee shall be non-
recurrent and constitute the only appointment fee charged for the
duration of such newly certified agent's employment with the
appointing company, except as otherwise provided by law.
As a condition precedent to the continuation of the certificate of
authority, provided in this code, every company organized under the
laws of any other state of the United States or of any foreign country
shall pay a tax upon all premiums received during the preceding year at
the rate of 2% for tax year 2025 and 1.98% for tax year 2026, and all
tax years thereafter, per annum.
In the computation of the gross premiums all such companies shall
be entitled to deduct any premiums returned on account of
cancellations, including funds accepted before January 1, 1997, and
declared and taxed as annuity premiums that, on or after January 1,
1997, are withdrawn before application to the purchase of annuities,
dividends returned to policyholders and all premiums received for
reinsurance from any other company authorized to do business in this
state and premiums received in connection with the funding of a
pension, deferred compensation, annuity or profit-sharing plan
qualified or exempt under sections 401, 403, 404, 408, 457 or 501 of
the United States internal revenue code of 1986. Funds received by life
insurers for the purchase of annuity contracts and funds applied by life
insurers to the purchase of annuities shall not be deemed taxable
premiums or be subject to tax under this section for tax years
commencing on or after January 1, 1997.
2. Mutual life, accident and health associations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees, every such company organized under
SENATE Substitute for HOUSE BILL No. 2007—page 16
the laws of any other state of the United States shall pay a one-time fee
of $5 for each newly certified agent. Such fee shall be non-recurrent
and constitute the only appointment fee charged for the duration of
such newly certified agent's employment with the appointing company.
Such companies shall pay a tax annually upon all premiums received at
the rate of 2% for tax year 2025 and 1.98% for tax year 2026, and all
tax years thereafter, per annum.
In the computation of the gross premiums all such companies shall
be entitled to deduct any premiums returned on account of
cancellations, including funds accepted before January 1, 1997, and
declared and taxed as annuity premiums that, on or after January 1,
1997, are withdrawn before application to the purchase of annuities,
dividends returned to policyholders and all premiums received for
reinsurance from any other company authorized to do business in this
state and premiums received in connection with the funding of a
pension, deferred compensation, annuity or profit-sharing plan
qualified or exempt under sections 401, 403, 404, 408, 457 or 501 of
the United States internal revenue code of 1986. Funds received by life
insurers for the purchase of annuity contracts and funds applied by life
insurers to the purchase of annuities shall not be deemed taxable
premiums or be subject to tax under this section for tax years
commencing on or after January 1, 1997.
3. Mutual fire, casualty and multiple line insurers and reciprocal or
interinsurance exchanges:
Admission fees:
Examination of charter and other documents and issuance of c
ertificate of authority................................................................ $500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees, every such company or association
organized under the laws of any other state of the United States shall
pay a one-time fee of $5 for each newly certified agent. Such fee shall
be non-recurrent and constitute the only appointment fee charged for
the duration of such newly certified agent's employment with the
appointing company. Such companies shall also pay a tax annually
upon all premiums received at the rate of 2% for tax year 2025 and
1.98% for tax year 2026, and all tax years thereafter, per annum.
For tax years 1998 and thereafter, the annual tax shall be reduced by
the "applicable percentage" of: (1) Any taxes paid on business in this
state pursuant to the provisions of K.S.A. 75-1508, and amendments
thereto; and (2) the amount of the firefighters relief tax credit
determined by the commissioner of insurance. The amount of the
firefighters relief tax credit for a company taxable under this subsection
for the current tax year shall be determined by the commissioner of
insurance by dividing (A) the total amount of taxes paid by all such
companies on business in this state under K.S.A. 40-1701 to 40-1707,
and amendments thereto, for tax year 1983 as then in effect, by (B) the
total amount of taxes paid by all such companies on business in this
state under K.S.A. 40-1703, and amendments thereto, for the tax year
immediately preceding the current tax year, and by multiplying the
result so obtained by (C) the amount of taxes paid by the company on
business in this state under K.S.A. 40-1703, and amendments thereto,
for the current tax year. The "applicable percentage" shall be as
follows: 100%.
Tax Year Applicable Percentage
199810%
199920%
200040%
200250%
200360%
200470%
SENATE Substitute for HOUSE BILL No. 2007—page 17
200580%
200690%
2007 and thereafter 100%
In the computation of the gross premiums all such companies shall
be entitled to deduct any premiums returned on account of
cancellations, all premiums received for reinsurance from any other
company authorized to do business in this state, and dividends returned
to policyholders.
E
Fraternal benefit societies organized under the laws of any other state,
territory or country:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
F
Mutual nonprofit hospital service corporations, nonprofit medical
service corporations, nonprofit dental service corporations, nonprofit
optometric service corporations and nonprofit pharmacy service
corporations organized under the laws of any other state, territory or
country:
1. Mutual nonprofit hospital service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
2. Nonprofit medical service corporations, nonprofit dental service
corporations, nonprofit optometric service corporations and nonprofit
pharmacy service corporations:
Admission fees:
Examination of charter and other documents...........................$500
Filing annual statement...............................................................100
Certificate of authority................................................................. 10
Annual fees:
Filing annual statement...............................................................100
Continuation of certificate of authority........................................ 10
In addition to the above fees and as a condition precedent to the
continuation of the certificate of authority, provided in this code, every
corporation or association shall pay annually to the commissioner of
insurance a tax in an amount equal to 2% for tax year 2025 and 1.98%
for tax year 2026, and all tax years thereafter, per annum of the total of
all premiums, subscription charges, or any other term that may be used
to describe the charges made by such corporation or association to
subscribers in this state for hospital, medical or other health services or
indemnity received during the preceding year. In such computations all
such corporations or associations shall be entitled to deduct any
premiums or subscription charges returned on account of cancellations
and dividends returned to members or subscribers.
G
Payment of Taxes.
For the purpose of insuring the collection of the tax upon premiums,
assessments and charges as set out in subsection A, C, D or F, every
insurance company, corporation or association shall at the time it files
its annual statement, as required by the provisions of K.S.A. 40-225,
and amendments thereto, make a return, generated by or at the direction
of its president and secretary or other chief officers, under penalty of
K.S.A. 21-5824, and amendments thereto, to the commissioner of
insurance, stating the amount of all premiums, assessments and charges
SENATE Substitute for HOUSE BILL No. 2007—page 18
received by the companies or corporations in this state, whether in cash
or notes, during the year ending on the December 31 next preceding.
Commencing in 1985 and annually thereafter the estimated taxes
shall be paid as follows: On or before June 15 and December 15 of
such year an amount equal to 50% of the full amount of the prior year's
taxes as reported by the company shall be remitted to the commissioner
of insurance. As used in this paragraph, "prior year's taxes" includes:
(1) Taxes assessed pursuant to this section for the prior calendar year;
(2) fees and taxes assessed pursuant to K.S.A. 40-253, and amendments
thereto, for the prior calendar year; and (3) taxes paid for maintenance
of the department of the state fire marshal pursuant to K.S.A. 75-1508,
and amendments thereto, for the prior calendar year.
Upon the receipt of such returns the commissioner of insurance shall
verify the same and assess the taxes upon such companies, corporations
or associations on the basis and at the rate provided herein and the
balance of such taxes shall thereupon become due and payable giving
credit for amounts paid pursuant to the preceding paragraph, or the
commissioner shall make a refund if the taxes paid in the prior June and
December are in excess of the taxes assessed.
All reports and returns required by this act and rules and
regulations adopted pursuant thereto shall be preserved for three years
and thereafter until the commissioner orders them to be destroyed.
H
The fee prescribed for the examination of charters and other
documents shall apply to each company's initial application for
admission and shall not be refundable for any reason.
Sec. 7. K.S.A. 40-3401, as amended by section 1 of 2025 House
Bill No. 2039, is hereby amended to read as follows: 40-3401. As used
in this act:
(a) "Applicant" means any healthcare provider.
(b) "Basic coverage" means a policy of professional liability
insurance required to be maintained by each healthcare provider
pursuant to the provisions of K.S.A. 40-3402(a) or (b), and
amendments thereto.
(c) "Commissioner" means the commissioner of insurance.
(d) "Fiscal year" means the year commencing on the effective date
of this act and each year, commencing on the first day of July
thereafter.
(e) "Fund" means the healthcare stabilization fund established
pursuant to K.S.A. 40-3403(a), and amendments thereto.
(f) (1) "Healthcare provider" means a:
(A) Person licensed to practice any branch of the healing arts by
the state board of healing arts;
(B) person who holds a temporary permit to practice any branch of
the healing arts issued by the state board of healing arts;
(C) person engaged in a postgraduate training program approved
by the state board of healing arts;
(D) medical care facility licensed by the state of Kansas;
(E) podiatrist licensed by the state board of healing arts;
(F) health maintenance organization issued a certificate of
authority by the commissioner;
(G) optometrist licensed by the board of examiners in optometry;
(H) pharmacist licensed by the state board of pharmacy;
(I) licensed professional nurse who is authorized to practice as a
registered nurse anesthetist;
(J) licensed professional nurse who has been granted a temporary
authorization to practice nurse anesthesia under K.S.A. 65-1153, and
amendments thereto;
(K) professional corporation organized pursuant to the
professional corporation law of Kansas by persons who are authorized
by such law to form such a corporation and are healthcare providers as
defined by this subsection;
(L) Kansas limited liability company organized for the purpose of
rendering professional services by its members who are healthcare
SENATE Substitute for HOUSE BILL No. 2007—page 19
providers as defined by this subsection and legally authorized to render
the professional services for which the limited liability company is
organized;
(M) partnership of persons who are healthcare providers under this
subsection;
(N) Kansas not-for-profit corporation organized for the purpose of
rendering professional services by persons who are healthcare
providers as defined by this subsection;
(O) nonprofit corporation organized to administer the graduate
medical education programs of community hospitals or medical care
facilities affiliated with the university of Kansas school of medicine;
(P) dentist certified by the state board of healing arts to administer
anesthetics under K.S.A. 65-2899, and amendments thereto;
(Q) psychiatric hospital licensed prior to January 1, 1988, and
continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a
mental health center or mental health clinic licensed by the state of
Kansas;
(R) physician assistant licensed by the state board of healing arts;
(S) licensed advanced practice registered nurse who is authorized
by the board of nursing to practice as an advanced practice registered
nurse in the classification of a nurse-midwife;
(T) maternity center, if such maternity center has been granted
accreditation by the commission for accreditation of birth centers and is
a maternity center as defined in K.S.A. 65-503, and amendments
thereto;
(U) licensed advanced practice registered nurse who has been
granted a temporary authorization by the board of nursing to practice as
an advanced practice registered nurse in the classification of a nurse-
midwife;
(V) nursing facility licensed by the state of Kansas;
(W) assisted living facility licensed by the state of Kansas; or
(X) a residential healthcare facility licensed by the state of Kansas.
(2) "Healthcare provider" does not include:
(A) Any state institution for people with intellectual disability;
(B) any state psychiatric hospital;
(C) any person holding an exempt license issued by the state board
of healing arts or the board of nursing;
(D) any person holding a visiting clinical professor license from
the state board of healing arts;
(E) any person holding an inactive license issued by the state
board of healing arts;
(F) any person holding a federally active license issued by the
state board of healing arts;
(G) an advanced practice registered nurse who is authorized by the
board of nursing to practice as an advanced practice registered nurse in
the classification of nurse-midwife or nurse anesthetist and who
practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or
agencies or provides professional services as a charitable healthcare
provider as defined under K.S.A. 75-6102, and amendments thereto; or
(H) a physician assistant licensed by the state board of healing arts
who practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or
agencies or provides professional services as a charitable healthcare
provider as defined under K.S.A. 75-6102, and amendments thereto.
(g) "Inactive healthcare provider" means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or
subsequent to the effective date of this act but who, at the time a claim
is made for personal injury or death arising out of the rendering of or
the failure to render professional services by such healthcare provider,
does not have basic coverage or self-insurance in effect solely because
such person is no longer engaged in rendering professional service as a
healthcare provider.
SENATE Substitute for HOUSE BILL No. 2007—page 20
(h) "Insurer" means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write
bodily injury or property damage liability insurance in this state,
including workers compensation and automobile liability insurance,
pursuant to the provisions of the acts contained in article 9, 11, 12 or 16
of chapter 40 of the Kansas Statutes Annotated, and amendments
thereto.
(i) "Plan" means the operating and administrative rules and
procedures developed by insurers and rating organizations or the
commissioner to make professional liability insurance available to
healthcare providers.
(j) "Professional liability insurance" means insurance providing
coverage for legal liability arising out of the performance of
professional services rendered or that should have been rendered by a
healthcare provider.
(k) "Rating organization" means a corporation, an unincorporated
association, a partnership or an individual licensed pursuant to K.S.A.
40-956, and amendments thereto, to make rates for professional
liability insurance.
(l) "Self-insurer" means a healthcare provider who qualifies as a
self-insurer pursuant to K.S.A. 40-3414, and amendments thereto.
(m) "Medical care facility" means the same when used in the
healthcare provider insurance availability act as defined in K.S.A. 65-
425, and amendments thereto, except that, as used in the healthcare
provider insurance availability act, such term, as it relates to insurance
coverage under the healthcare provider insurance availability act, also
includes any director, trustee, officer or administrator of a medical care
facility.
(n) "Mental health center" means a mental health center licensed
by the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed by
the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.
(p) "State institution for people with intellectual disability" means
Winfield state hospital and training center, Parsons state hospital and
training center and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility south
central regional mental health hospital.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by and is studying at
the university of Kansas medical center only when such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the dean of the
school of medicine and the executive vice-chancellor of the university
of Kansas medical center. Persons engaged in residency training shall
be considered resident healthcare providers for purposes of K.S.A. 40-
3401 et seq., and amendments thereto; and
(2) a person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by a nonprofit
corporation organized to administer the graduate medical education
programs of community hospitals or medical care facilities affiliated
with the university of Kansas school of medicine or who is employed
by an affiliate of the university of Kansas school of medicine as defined
in K.S.A. 76-367, and amendments thereto, only when such person is
SENATE Substitute for HOUSE BILL No. 2007—page 21
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the chief operating
officer of the nonprofit corporation or the chief operating officer of the
affiliate and the executive vice-chancellor of the university of Kansas
medical center.
(s) "Full-time physician faculty employed by the university of
Kansas medical center" means a person licensed to practice medicine
and surgery who holds a full-time appointment at the university of
Kansas medical center when such person is providing healthcare. A
person licensed to practice medicine and surgery who holds a full-time
appointment at the university of Kansas medical center may also be
employed part-time by the United States department of veterans affairs
if such employment is approved by the executive vice-chancellor of the
university of Kansas medical center.
(t) "Sexual act" or "sexual activity" means sexual conduct that
constitutes a criminal or tortious act under the laws of the state of
Kansas.
(u) "Board" means the board of governors created by K.S.A. 40-
3403, and amendments thereto.
(v) "Board of directors" means the governing board created by
K.S.A. 40-3413, and amendments thereto.
(w) "Locum tenens contract" means a temporary agreement not
exceeding 182 days per calendar year that employs a healthcare
provider to actively render professional services in this state.
(x) "Professional services" means patient care or other services
authorized under the act governing licensure of a healthcare provider.
(y) "Healthcare facility" means a nursing facility, an assisted
living facility or a residential healthcare facility as all such terms are
defined in K.S.A. 39-923, and amendments thereto.
(z) "Charitable healthcare provider" means the same as defined in
K.S.A. 75-6102, and amendments thereto.
Sec. 8. K.S.A. 2024 Supp. 40-4302, as amended by section 24 of
2025 House Bill No. 2334, is hereby amended to read as follows: 40-
4302. (a) Any captive insurance company, when permitted by its
organizational documents, may apply to the commissioner for a
certificate of authority to do any and all insurance comprised in K.S.A.
40-901 et seq., 40-1102(1)(a) , and (1)(c) through (1)(n), and
amendments thereto, and to issue life, accident and health insurance
policies, except that:
(1) A pure captive insurance company shall not insure any risks
other than those of its parent and affiliated companies, any controlled
unaffiliated business or combination thereof;
(2) no association captive insurance company shall insure any
risks other than those of its association and those of the member
organizations of its association. No association captive insurance
company shall expose itself to loss on any one risk or hazard in an
amount exceeding 10% of its paid-up capital and surplus;
(3) no captive insurance company shall provide personal lines of
insurance, employers' liability insurance coverage, long-term care
coverage, critical care coverage, surety, title insurance, credit insurance
or any component thereof, except that a technology-enabled fiduciary
financial institution insurance company shall be permitted to provide
contracts of suretyship and credit insurance in accordance with K.S.A.
2024 Supp. 40-4354, and amendments thereto;
(4) a captive insurance company may provide workers
compensation insurance, insurance in the nature of workers
compensation insurance and the reinsurance of such policies unless
prohibited by federal law, the provisions of chapter 40 of the Kansas
Statutes Annotated, and amendments thereto, or any other state having
jurisdiction over the transaction;
(5) a captive insurance company may provide excess or stop-loss
accident and health insurance unless prohibited by federal law or the
laws of the state having jurisdiction over the transaction;
SENATE Substitute for HOUSE BILL No. 2007—page 22
(6) any captive insurance company may provide workers
compensation insurance, insurance in the nature of workers'
compensation insurance and reinsurance of such policies unless
prohibited by federal law, the laws of the state of Kansas or any other
state having jurisdiction over the transaction;
(7) no captive insurance company shall provide accident and
health, life insurance or annuities on a direct basis;
(8) no captive insurance company authorized as a life insurance
company shall transact business other than life insurance; and
(9) no captive insurance company authorized to transact business
under article 9 or 11 of chapter 40 of the Kansas Statutes Annotated,
and amendments thereto, shall engage in the business of life insurance.
(b) No captive insurance company organized under the laws of
this state shall do any insurance business in this state unless such
captive insurance company:
(1) First obtains from the commissioner a certificate of authority
authorizing it to do insurance business in this state;
(2) has its board of directors, members, partners, managers,
committee of managers or other governing body hold at least one
meeting each year in this state;
(3) maintains its principal place of business in this state; and
(4) authorizes the commissioner to accept service of process on its
behalf in accordance with K.S.A. 40-218, and amendments thereto.
(c) Before receiving a certificate of authority, an applicant captive
insurance company shall file with the commissioner:
(1) A copy of the applicant captive insurance company's
organizational documents; and
(2) a plan of operation or a feasibility study describing the
anticipated activities and results of the applicant captive insurance
company that shall include:
(A) The company's loss prevention program of its parent and
insureds, as applicable;
(B) historical and expected loss experience of the risks to be
insured or reinsured by the applicant captive insurance company;
(C) pro forma financial statements and projections of the proposed
business operations of the applicant captive insurance company;
(D) an analysis of the adequacy of the applicant captive insurance
company's proposed premiums, assets and capital and surplus levels
relative to the risks to be insured or reinsured by the captive insurance
company;
(E) a statement of the applicant captive insurance company's net
retained limited liability on any contract of insurance or reinsurance
that such insurance company intends to issue and the nature of any
reinsurance it intends to cede;
(F) a statement certifying that the applicant captive insurance
company's investment policy is in compliance with this act and
specifying the type of investments to be made;
(G) a statement identifying the geographic areas in which the
applicant captive insurance company intends to operate;
(H) a statement identifying the persons or organizations that will
perform the applicant captive insurance company's major operational
functions, including management, underwriting, accounting, asset
investment, claims adjusting and loss control and the adequacy of the
expertise, experience and character of such persons or organizations;
and
(I) whenever required by the commissioner, an appropriate
opinion by a qualified independent actuary regarding the adequacy of
the applicant captive insurance company's proposed capital, surplus and
premium levels;
(3) a description of the coverages, deductibles, coverage limits,
rates and forms, together with any additional information that the
commissioner may require;
(4) such other items deemed to be relevant by the commissioner in
ascertaining whether the proposed captive insurance company will be
SENATE Substitute for HOUSE BILL No. 2007—page 23
able to meet its obligations; and
(5) any modification or change in the items required under this
subsection that shall require the prior approval of the commissioner.
(d) Notwithstanding any other provision of this act, the
commissioner may issue a provisional certificate of authority to any
applicant captive insurance company if the commissioner deems that
the public interest will be served by the issuance of such a provisional
certificate.
(1) As a condition precedent to the issuance of a provisional
certificate of authority under this subsection, the applicant shall have
filed a complete application containing all information required in
subsection (c) and paid all necessary fees. The commissioner shall have
made a preliminary finding that the expertise, experience and character
of the person who shall control and manage the applicant captive are
acceptable.
(2) The commissioner may by order limit the authority of any
provisional certificate holder in any way deemed to be necessary in
order to protect insureds and the public. The commissioner may revoke
a provisional certificate holder if the interests of the insureds or the
public are endangered. If the applicant fails to complete the regular
application for a certificate of authority, the provisional certificate of
authority shall terminate by operation of law.
(3) The commissioner may enact all rules and regulations
necessary to implement a program for the issuance of provisional
certificates of authority.
(e) Each captive insurance company shall pay to the commissioner
a nonrefundable fee of up to $2,500 for examining, investigating and
processing its application for a certificate of authority. The
commissioner is authorized to retain legal, financial, actuarial, analysis
and examination services from outside the department, the reasonable
costs of which shall be charged against the applicant. In addition, it
shall pay a renewal fee of $2,500 for each year thereafter. Not later
than December 1 of each year, the commissioner shall set and cause to
be published in the Kansas register the fee required by this subsection
for the next calendar year.
(f) Each captive insurance company shall pay an annual renewal
fee of $110 until January 1, 2028, after which date, the provisions of
subsection (e) shall apply.
(g) If the commissioner is satisfied that the documents and
statements that such captive insurance company has filed comply with
the provisions of this act, the commissioner may grant a certificate of
authority authorizing a:
(1) Captive insurance company other than a technology-enabled
fiduciary financial institution to do insurance business in this state until
March 1 thereafter, which certificate of authority may be renewed; and
(2) technology-enabled fiduciary financial institution insurance
company to do insurance business in this state until the later of March 1
thereafter or the maturity date of the last payment-in-kind asset held by
such technology-enabled fiduciary financial institution insurance
company pursuant to this act.
(h)(g) Information submitted under this section shall be and
remain confidential and shall not be made public by the commissioner
or any employee or agent of the commissioner without the written
consent of the company, except that:
(1) Such information may be discoverable by a party in a civil
action or contested case to which the captive insurance company that
submitted such information is a party, upon a showing by the party
seeking to discover such information that:
(A) The information sought is relevant to and necessary for the
furtherance of such action or case;
(B) the information sought is unavailable from other
nonconfidential sources;
(C) a subpoena issued by a judicial or administrative officer or
competent jurisdiction has been submitted to the commissioner; and
SENATE Substitute for HOUSE BILL No. 2007—page 24
(D) the privacy of a qualified policyholder shall be protected in
any court proceeding concerning such qualified policyholder if the
technology-enabled fiduciary financial institution insurance company
so petitions the court. Upon the filing of such petition, any information,
including, but not limited to, an instrument, inventory, statement or
verified report produced by the technology-enabled fiduciary financial
institution insurance company regarding a policy issued to a qualified
policyholder or payment-in-kind assets held by the technology-enabled
fiduciary financial institution insurance company to satisfy claims of
such qualified policyholder, all payment-in-kind policies, all petitions
relevant to such information and all court orders thereon, shall be
sealed upon filing and shall not be made a part of the public record of
the proceeding, except that such petition shall be available to the court,
the commissioner, the technology-enabled fiduciary financial
institution insurance company, their attorneys and to such other
interested persons as the court may order upon a showing of good
cause;
(2) the commissioner may disclose such information to a public
officer having jurisdiction over the regulation of insurance in another
state, provided that if:
(A) Such public official shall agree in writing to maintain the
confidentiality of such information; and
(B) the laws of the state in which such public official serves
requires such information to be and to remain confidential;
(3) access may also be granted to the national association of
insurance commissioners and its affiliates, and the international
association of supervisors and its affiliates. Such parties must shall
agree in writing prior to receiving the information to provide to it the
same confidential treatment as required by this section, unless the
company gives prior written consent; and
(4) the privacy of those who have established an affiliated fidfin
trust or alternative asset custody account shall be protected in any court
proceeding concerning such trust or custody account if the acting
trustee, custodian, trustor or any beneficiary so petition the court. Upon
the filing of such a petition, the instrument, inventory, statement filed
by any trustee or custodian, annual verified report of the trustee or
custodian and all petitions relevant to trust administration and all court
orders thereon shall be sealed upon filing and shall not be made a part
of the public record of the proceeding, except that such petition shall be
available to the court, the trustor, the trustee, the custodian, any
beneficiary, their attorneys and to such other interested persons as the
court may order upon a showing of good cause.
Sec. 9. On and after July 1, 2026, K.S.A. 2024 Supp. 45-229, as
amended by section 1 of 2025 House Bill No. 2166, is hereby amended
to read as follows: 45-229. (a) It is the intent of the legislature that
exceptions to disclosure under the open records act shall be created or
maintained only if:
(1) The public record is of a sensitive or personal nature
concerning individuals;
(2) the public record is necessary for the effective and efficient
administration of a governmental program; or
(3) the public record affects confidential information.
The maintenance or creation of an exception to disclosure must be
compelled as measured by these criteria. Further, the legislature finds
that the public has a right to have access to public records unless the
criteria in this section for restricting such access to a public record are
met and the criteria are considered during legislative review in
connection with the particular exception to disclosure to be significant
enough to override the strong public policy of open government. To
strengthen the policy of open government, the legislature shall consider
the criteria in this section before enacting an exception to disclosure.
(b) Subject to the provisions of subsections (g) and (h), any new
exception to disclosure or substantial amendment of an existing
exception shall expire on July 1 of the fifth year after enactment of the
SENATE Substitute for HOUSE BILL No. 2007—page 25
new exception or substantial amendment, unless the legislature acts to
continue the exception. A law that enacts a new exception or
substantially amends an existing exception shall state that the exception
expires at the end of five years and that the exception shall be reviewed
by the legislature before the scheduled date.
(c) For purposes of this section, an exception is substantially
amended if the amendment expands the scope of the exception to
include more records or information. An exception is not substantially
amended if the amendment narrows the scope of the exception.
(d) This section is not intended to repeal an exception that has
been amended following legislative review before the scheduled repeal
of the exception if the exception is not substantially amended as a result
of the review.
(e) In the year before the expiration of an exception, the revisor of
statutes shall certify to the president of the senate and the speaker of the
house of representatives, by July 15, the language and statutory citation
of each exception that will expire in the following year that meets the
criteria of an exception as defined in this section. Any exception that is
not identified and certified to the president of the senate and the
speaker of the house of representatives is not subject to legislative
review and shall not expire. If the revisor of statutes fails to certify an
exception that the revisor subsequently determines should have been
certified, the revisor shall include the exception in the following year's
certification after that determination.
(f) "Exception" means any provision of law that creates an
exception to disclosure or limits disclosure under the open records act
pursuant to K.S.A. 45-221, and amendments thereto, or pursuant to any
other provision of law.
(g) A provision of law that creates or amends an exception to
disclosure under the open records law shall not be subject to review and
expiration under this act if such provision:
(1) Is required by federal law;
(2) applies solely to the legislature or to the state court system;
(3) has been reviewed and continued in existence twice by the
legislature; or
(4) has been reviewed and continued in existence by the
legislature during the 2013 legislative session and thereafter; or
(5) is a report of the results of an audit conducted by the United
States cybersecurity and infrastructure security agency.
(h) (1) The legislature shall review the exception before its
scheduled expiration and consider as part of the review process the
following:
(A) What specific records are affected by the exception;
(B) whom does the exception uniquely affect, as opposed to the
general public;
(C) what is the identifiable public purpose or goal of the
exception;
(D) whether the information contained in the records may be
obtained readily by alternative means and how it may be obtained;
(2) an exception may be created or maintained only if it serves an
identifiable public purpose and may be no broader than is necessary to
meet the public purpose it serves. An identifiable public purpose is
served if the legislature finds that the purpose is sufficiently compelling
to override the strong public policy of open government and cannot be
accomplished without the exception and if the exception:
(A) Allows the effective and efficient administration of a
governmental program that would be significantly impaired without the
exception;
(B) protects information of a sensitive personal nature concerning
individuals, the release of such information would be defamatory to
such individuals or cause unwarranted damage to the good name or
reputation of such individuals or would jeopardize the safety of such
individuals. Only information that would identify the individuals may
be excepted under this paragraph; or
SENATE Substitute for HOUSE BILL No. 2007—page 26
(C) protects information of a confidential nature concerning
entities, including, but not limited to, a formula, pattern, device,
combination of devices, or compilation of information that is used to
protect or further a business advantage over those who do not know or
use it, if the disclosure of such information would injure the affected
entity in the marketplace.
(3) Records made before the date of the expiration of an exception
shall be subject to disclosure as otherwise provided by law. In deciding
whether the records shall be made public, the legislature shall consider
whether the damage or loss to persons or entities uniquely affected by
the exception of the type specified in paragraph (2)(B) or (2)(C) would
occur if the records were made public.
(i) (1) Exceptions contained in the following statutes as continued
in existence in section 2 of chapter 126 of the 2005 Session Laws of
Kansas and that have been reviewed and continued in existence twice
by the legislature as provided in subsection (g) are hereby continued in
existence: 1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-
189, 12-1,108, 12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-
304, 17-1312e, 17-2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-
2511, 22-3711, 22-4707, 22-4909, 22a-243, 22a-244, 23-605, 23-9,312,
25-4161, 25-4165, 31-405, 34-251, 38-2212, 39-709b, 39-719e, 39-
934, 39-1434, 39-1704, 40-222, 40-2,156, 40-2c20, 40-2c21, 40-2d20,
40-2d21, 40-409, 40-956, 40-1128, 40-2807, 40-3012, 40-3304, 40-
3308, 40-3403b, 40-3421, 40-3613, 40-3805, 40-4205, 44-510j, 44-
550b, 44-594, 44-635, 44-714, 44-817, 44-1005, 44-1019, 45-221(a)(1)
through (43), 46-256, 46-259, 46-2201, 47-839, 47-844, 47-849, 47-
1709, 48-1614, 49-406, 49-427, 55-1,102, 58-4114, 59-2135, 59-2802,
59-2979, 59-29b79, 60-3333, 60-3336, 65-102b, 65-118, 65-119, 65-
153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116, 65-1,157a, 65-
1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172, 65-436, 65-
445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-1627, 65-
1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-3015, 65-
3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-5602, 65-
5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803, 65-
6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-
2424, 74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-
7308, 74-7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104,
75-712, 75-7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-
5266, 75-5665, 75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11,
76-12c03, 76-3305, 79-1119, 79-1437f, 79-3234, 79-3395, 79-3420,
79-3499, 79-34,113, 79-3614, 79-3657, 79-4301 and 79-5206.
(2) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2015 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49),
48-16a10, 58-4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
(j) (1) Exceptions contained in the following statutes as continued
in existence in section 1 of chapter 87 of the 2006 Session Laws of
Kansas and that have been reviewed and continued in existence twice
by the legislature as provided in subsection (g) are hereby continued in
existence: 1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016,
65-6017 and 74-7508.
(2) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2015 and
that have been reviewed during the 2016 legislative session are hereby
continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311,
38-2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-
4a05, 65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-
7c06.
(k) Exceptions contained in the following statutes as certified by
SENATE Substitute for HOUSE BILL No. 2007—page 27
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2014 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-
1325, 12-17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-
5108, 41-2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46),
(47) and (48), 50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-
8134, 74-99b06, 77-503a and 82a-2210.
(l) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2016 and
that have been reviewed during the 2017 legislative session are hereby
continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752,
74-8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
(m) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) during 2012 and
that have been reviewed during the 2013 legislative session and
continued in existence by the legislature as provided in subsection (g)
are hereby continued in existence: 12-5811, 40-222, 40-223j, 40-5007a,
40-5009a, 40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805,
72-8268, 75-712 and 75-5366.
(n) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) and that have
been reviewed during the 2018 legislative session are hereby continued
in existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-
6832, 65-6834, 75-7c06 and 75-7c20.
(o) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2019 legislative session are hereby continued in
existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-
2502(d) and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g)
regarding 46-1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-
28a05(n), article 6(d) of 65-6230, 72-6314(a) and 74-7047(b).
(p) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2020 legislative session are hereby continued in
existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-
1129, 59-29a22(b)(10) and 65-6747.
(q) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2021 legislative session are hereby continued in
existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)
(B) and 65-6111(d)(4).
(r) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2023 legislative session are hereby continued in
existence: 2-3902 and 66-2020.
(s) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2024 legislative session are hereby continued in
existence: 2-3906, 2-3907, 41-511, 50-6,109a and 74-50,227.
(t) Exceptions contained in the following statutes as certified by
the revisor of statutes to the president of the senate and the speaker of
the house of representatives pursuant to subsection (e) that have been
reviewed during the 2025 legislative session are hereby continued in
SENATE Substitute for HOUSE BILL No. 2007—page 28
existence: 48-962 and 65-7616.
Sec. 10. On and after January 1, 2026, K.S.A. 2024 Supp. 59-
2946, as amended by section 10 of 2025 House Bill No. 2249, is hereby
amended to read as follows: 59-2946. When used in the care and
treatment act for mentally ill persons:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-2950, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-2973, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) (1) "Mental health center" means any community mental
health center as defined in K.S.A. 39-2002, and amendments thereto, or
a mental health clinic organized as a not-for-profit or a for-profit
corporation pursuant to K.S.A. 17-1701 through 17-1775, and
amendments thereto, or K.S.A. 17-6001 through 17-6010, and
amendments thereto, and licensed in accordance with the provisions of
K.S.A. 39-2001 et seq., and amendments thereto.
(2) "Participating mental health center" means a mental health
center that has entered into a contract with the secretary for aging and
disability services pursuant to the provisions of K.S.A. 39-1601
through 39-1612, and amendments thereto.
(e) "Mentally ill person" means any person who is suffering from
a mental disorder that is manifested by a clinically significant
behavioral or psychological syndrome or pattern and associated with
either a painful symptom or an impairment in one or more important
areas of functioning, and involving substantial behavioral,
psychological or biological dysfunction, to the extent that the person is
in need of treatment.
(f) (1) "Mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in
subsection (e), who also lacks capacity to make an informed decision
concerning treatment, is likely to cause harm to self or others, and
whose diagnosis is not solely one of the following mental disorders:
Alcohol or chemical substance abuse; antisocial personality disorder;
intellectual disability; organic personality syndrome; or an organic
mental disorder.
(2) "Lacks capacity to make an informed decision concerning
treatment" means that the person, by reason of the person's mental
disorder, is unable, despite conscientious efforts at explanation, to
understand basically the nature and effects of hospitalization or
treatment or is unable to engage in a rational decision-making process
regarding hospitalization or treatment, as evidenced by an inability to
weigh the possible risks and benefits.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's mental disorder: (A) Is likely, in the
reasonably foreseeable future, to cause substantial physical injury or
physical abuse to self or others or substantial damage to another's
property, as evidenced by behavior threatening, attempting or causing
such injury, abuse or damage; except that if the harm threatened,
attempted or caused is only harm to the property of another, the harm
must be of such a value and extent that the state's interest in protecting
the property from such harm outweighs the person's interest in personal
liberty; or (B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
person's ability to function on the person's own.
No person who is being treated by prayer in the practice of the
religion of any church that teaches reliance on spiritual means alone
through prayer for healing shall be determined to be a mentally ill
person subject to involuntary commitment for care and treatment under
this act unless substantial evidence is produced upon which the district
SENATE Substitute for HOUSE BILL No. 2007—page 29
court finds that the proposed patient is likely in the reasonably
foreseeable future to cause substantial physical injury or physical abuse
to self or others or substantial damage to another's property, as
evidenced by behavior threatening, attempting or causing such injury,
abuse or damage; except that if the harm threatened, attempted or
caused is only harm to the property of another, the harm must be of
such a value and extent that the state's interest in protecting the
property from such harm outweighs the person's interest in personal
liberty.
(g) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-2949, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-2952 or 59-2957, and amendments thereto, has
been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-2954(b) or (c), and amendments thereto.
(h) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(i) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(j) "Qualified mental health professional" means a physician or
psychologist who is employed by a participating mental health center
or who is providing services as a physician or psychologist under a
contract with a participating mental health center, a licensed master's
level psychologist, a licensed clinical psychotherapist, a licensed
marriage and family therapist, a licensed clinical marriage and family
therapist, a licensed professional counselor, a licensed clinical
professional counselor, a licensed specialist social worker or a licensed
master social worker or a registered nurse who has a specialty in
psychiatric nursing, who is employed by a participating mental health
center and who is acting under the direction of a physician or
psychologist who is employed by, or under contract with, a
participating mental health center.
(1) "Direction" means monitoring and oversight including regular,
periodic evaluation of services.
(2) "Licensed master social worker" means a person licensed as a
master social worker by the behavioral sciences regulatory board under
K.S.A. 65-6301 through 65-6318, and amendments thereto.
(3) "Licensed specialist social worker" means a person licensed in
a social work practice specialty by the behavioral sciences regulatory
board under K.S.A. 65-6301 through 65-6318, and amendments
thereto.
(4) "Licensed master's level psychologist" means a person
licensed as a licensed master's level psychologist by the behavioral
sciences regulatory board under K.S.A. 74-5361 through 74-5373, and
amendments thereto.
(5) "Registered nurse" means a person licensed as a registered
professional nurse by the board of nursing under K.S.A. 65-1113
through 65-1164, and amendments thereto.
(k) "Secretary" means the secretary for aging and disability
services.
(l) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital or south central regional mental health
hospital.
(m) "Treatment" means any service intended to promote the
mental health of the patient and rendered by a qualified professional,
SENATE Substitute for HOUSE BILL No. 2007—page 30
licensed or certified by the state to provide such service as an
independent practitioner or under the supervision of such practitioner.
(n) "Treatment facility" means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital,
psychologist, physician or other institution or person authorized or
licensed by law to provide either inpatient or outpatient treatment to
any patient.
(o) The terms defined in K.S.A. 59-3051 section 25 of 2025
House Bill No. 2359, and amendments thereto, shall have the meanings
provided by that section.
Sec. 11. On and after January 1, 2026, K.S.A. 2024 Supp. 59-
29b46, as amended by section 11 of 2025 House Bill No. 2249, is
hereby amended to read as follows: 59-29b46. When used in the care
and treatment act for persons with an alcohol or substance abuse
problem:
(a) "Discharge" means the final and complete release from
treatment, by either the head of a treatment facility acting pursuant to
K.S.A. 59-29b50, and amendments thereto, or by an order of a court
issued pursuant to K.S.A. 59-29b73, and amendments thereto.
(b) "Head of a treatment facility" means the administrative
director of a treatment facility or such person's designee.
(c) "Law enforcement officer" means the same as defined in
K.S.A. 22-2202, and amendments thereto.
(d) "Licensed addiction counselor" means a person who engages
in the practice of addiction counseling limited to substance use
disorders and who is licensed by the behavioral sciences regulatory
board. Such person shall engage in the practice of addiction counseling
in a state-licensed or certified alcohol and other drug treatment program
or while completing a Kansas domestic violence offender assessment
for participants in a certified batterer intervention program pursuant to
K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless
otherwise exempt from licensure under subsection (n).
(e) "Licensed clinical addiction counselor" means a person who
engages in the independent practice of addiction counseling and
diagnosis and treatment of substance use disorders specified in the
edition of the American psychiatric association's diagnostic and
statistical manual of mental disorders (DSM) designated by the board
by rules and regulations and is licensed by the behavioral sciences
regulatory board.
(f) "Licensed master's addiction counselor" means a person who
engages in the practice of addiction counseling limited to substance use
disorders and who is licensed under this act. Such person may diagnose
substance use disorders only under the direction of a licensed clinical
addiction counselor, a licensed psychologist, a person licensed to
practice medicine and surgery or a person licensed to provide mental
health services as an independent practitioner and whose licensure
allows for the diagnosis and treatment of substance abuse disorders or
mental disorders.
(g) "Other facility for care or treatment" means any mental health
clinic, medical care facility, nursing home, the detox units at any state
hospital, any physician or any other institution or individual authorized
or licensed by law to give care or treatment to any person.
(h) "Patient" means a person who is a voluntary patient, a
proposed patient or an involuntary patient.
(1) "V oluntary patient" means a person who is receiving treatment
at a treatment facility pursuant to K.S.A. 59-29b49, and amendments
thereto.
(2) "Proposed patient" means a person for whom a petition
pursuant to K.S.A. 59-29b52 or 59-29b57, and amendments thereto,
has been filed.
(3) "Involuntary patient" means a person who is receiving
treatment under order of a court or a person admitted and detained by a
treatment facility pursuant to an application filed pursuant to K.S.A.
59-29b54(b) or (c), and amendments thereto.
SENATE Substitute for HOUSE BILL No. 2007—page 31
(i) "Person with an alcohol or substance abuse problem" means a
person who: (1) Lacks self-control as to the use of alcoholic beverages
or any substance as defined in subsection (m); or
(2) uses alcoholic beverages or any substance to the extent that the
person's health may be substantially impaired or endangered without
treatment.
(j) (1) "Person with an alcohol or substance abuse problem subject
to involuntary commitment for care and treatment" means a person
with an alcohol or substance abuse problem who also is incapacitated
by alcohol or any substance and is likely to cause harm to self or others.
(2) "Incapacitated by alcohol or any substance" means that the
person, as the result of the use of alcohol or any substance, has
impaired judgment resulting in the person:
(A) Being incapable of realizing and making a rational decision
with respect to the need for treatment; or
(B) lacking sufficient understanding or capability to make or
communicate responsible decisions concerning either the person's well-
being or estate.
(3) "Likely to cause harm to self or others" means that the person,
by reason of the person's use of alcohol or any substance:
(A) Is likely, in the reasonably foreseeable future, to cause
substantial physical injury or physical abuse to self or others or
substantial damage to another's property, as evidenced by behavior
threatening, attempting or causing such injury, abuse or damage; except
that if the harm threatened, attempted or caused is only harm to the
property of another, the harm must be of such a value and extent that
the state's interest in protecting the property from such harm outweighs
the person's interest in personal liberty; or
(B) is substantially unable, except for reason of indigency, to
provide for any of the person's basic needs, such as food, clothing,
shelter, health or safety, causing a substantial deterioration of the
person's ability to function on the person's own.
(k) "Physician" means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who
is employed by a state psychiatric hospital or by an agency of the
United States and who is authorized by law to practice medicine and
surgery within that hospital or agency.
(l) "Psychologist" means a licensed psychologist, as defined by
K.S.A. 74-5302, and amendments thereto.
(m) "Substance" means:
(1) The same as the term "controlled substance" as defined in
K.S.A. 21-5701, and amendments thereto; or
(2) fluorocarbons, toluene or volatile hydrocarbon solvents.
(n) "Treatment" means the broad range of emergency, outpatient,
intermediate and inpatient services and care, including diagnostic
evaluation, medical, psychiatric, psychological and social service care,
vocational rehabilitation and career counseling, which may be extended
to persons with an alcohol or substance abuse problem.
(o) (1) "Treatment facility" means a treatment program, public or
private treatment facility, or any facility of the United States
government available to treat a person for an alcohol or other substance
abuse problem, but such term does not include a licensed medical care
facility, a licensed adult care home, a facility licensed under K.S.A.
2015 Supp. 75-3307b, prior to its repeal, or under K.S.A. 39-2001 et
seq., and amendments thereto, a community-based alcohol and drug
safety action program certified under K.S.A. 8-1008, and amendments
thereto, and performing only those functions for which the program is
certified to perform under K.S.A. 8-1008, and amendments thereto, or a
professional licensed by the behavioral sciences regulatory board to
diagnose and treat mental disorders at the independent level or a
physician, who may treat in the usual course of the behavioral sciences
regulatory board licensee's or physician's professional practice
individuals incapacitated by alcohol or other substances, but who are
not primarily engaged in the usual course of the individual's
SENATE Substitute for HOUSE BILL No. 2007—page 32
professional practice in treating such individuals, or any state
institution, even if detoxification services may have been obtained at
such institution.
(2) "Private treatment facility" means a private agency providing
facilities for the care and treatment or lodging of persons with either an
alcohol or other substance abuse problem and meeting the standards
prescribed in either K.S.A. 65-4013 or 65-4603, and amendments
thereto, and licensed under either K.S.A. 65-4014 or 65-4607, and
amendments thereto.
(3) "Public treatment facility" means a treatment facility owned
and operated by any political subdivision of the state of Kansas and
licensed under either K.S.A. 65-4014 or 65-4603, and amendments
thereto, as an appropriate place for the care and treatment or lodging of
persons with an alcohol or other substance abuse problem.
(p) The terms defined in K.S.A. 59-3051 section 25 of 2025
House Bill No. 2359, and amendments thereto, shall have the meanings
provided by that section.
Sec. 12. K.S.A. 2024 Supp. 72-5170 is hereby amended to read as
follows: 72-5170. (a) (1) In order to accomplish the mission for Kansas
education, the state board shall design and adopt a school district
accreditation system based upon improvement in performance that
equals or exceeds the educational goal set forth in K.S.A. 72-3218(c),
and amendments thereto, and is measurable. The state board shall hold
all school districts accountable through the Kansas education systems
accreditation rules and regulations, or any successor accreditation
system and accountability plan adopted by the state board. The state
board also shall ensure that all school districts and the public schools
operated by such districts have programs and initiatives in place for
providing those educational capacities set forth in K.S.A. 72-3218(c),
and amendments thereto. On or before January 15 of each year, the
state board shall prepare and submit a report on the school district
accreditation system to the governor and the legislature.
(2) The accountability measures established pursuant to paragraph
(1) shall be applied both at the district level and at the school level.
Such accountability measures shall be reported by the state board for
each school district and each school. All reports prepared pursuant to
this section shall be published in accordance with K.S.A. 2024 Supp.
72-1181, and amendments thereto.
(3) If a school district is not fully accredited and a corrective
action plan is required by the state board, such corrective action plan,
and any subsequent reports prepared by the state board regarding the
progress of such school district in implementing and executing such
corrective action plan, shall be published on the state department of
education's internet website and such school district's internet website
in accordance with K.S.A. 2024 Supp. 72-1181, and amendments
thereto.
(4) If a school district is not accredited, the superintendent, or the
superintendent's designee, shall appear before the committee on
education of the house of representatives and the committee on
education of the senate during the regular legislative session that occurs
during the same school year in which when such school district is not
accredited. Such school district shall provide a report to such
committees on the challenges and obstacles that are preventing such
school district from becoming accredited.
(b) The state board shall establish curriculum standards that reflect
high academic standards for the core academic areas of mathematics,
science, reading, writing and social studies. The curriculum standards
shall may be reviewed at least every seven years. The state board shall
not substantially revise or update the English language arts or
mathematics curriculum standards that are in effect on July 1, 2024, in
a manner that would necessitate the development of new statewide
assessments in English language arts or mathematics until the state
board's long-term goal for all students submitted to the United States
department of education in the consolidated state plan is achieved such
SENATE Substitute for HOUSE BILL No. 2007—page 33
that 75% of all students score in performance levels 3 and 4 combined
on the statewide assessments in English language arts and
mathematics by 2030. Nothing in this subsection shall be construed in
any manner so as to impinge upon any school district's authority to
determine its own curriculum.
(c) (1) The state board shall provide for statewide assessments in
the core academic areas of mathematics, science, reading, writing and
social studies. The board shall ensure compatibility between the
statewide assessments and the curriculum standards established
pursuant to subsection (b). Such assessments shall be administered at
three grade levels, as determined by the state board. The state board
shall determine performance levels on the statewide assessments, the
achievement of which represents high academic standards in the
academic area at the grade level to which the assessment applies. The
state board should specify high academic standards both for individual
performance and school performance on the assessments.
(2) (A) On or before January 15 of each year, the state board shall
prepare and submit to the legislature a report on students who take the
statewide assessments. Such report shall include:
(i) The number of students and such number expressed as a
percentage of the total number of students who took the statewide
assessments during the immediately preceding school year
disaggregated by core academic area and by grade level; and
(ii) the percentage of students who took the statewide assessments
in grade 10 who, two years after graduating from high school, obtained
some postsecondary education disaggregated by statewide assessment
achievement level.
(B) When such information becomes available, or as soon
thereafter as practicable, the state board shall publish the information
required for the report under subparagraph (A) on the website of the
state department of education and incorporate such information in the
performance accountability reports and longitudinal achievement
reports required under K.S.A. 2024 Supp. 72-5178, and amendments
thereto.
(C) The provisions of this paragraph shall expire on July 1, 2029.
(d) Each school year, on such date as specified by the state board,
each school district shall submit the Kansas education system
accreditation report to the state board in such form and manner as
prescribed by the state board.
(e) Whenever the state board determines that a school district has
failed either to meet the accreditation requirements established by rules
and regulations or standards adopted by the state board or provide
curriculum based on state standards and courses required by state law,
the state board shall so notify the school district. Such notice shall
specify the accreditation requirements that the school district has failed
to meet and the curriculum that it has failed to provide. Upon receipt of
such notice, the board of education of such school district is
encouraged to reallocate the resources of the school district to remedy
all deficiencies identified by the state board.
(f) Each school in every school district shall establish a school site
council composed of the principal and representatives of teachers and
other school personnel, parents of students attending the school, the
business community and other community groups. School site councils
shall be responsible for providing advice and counsel in evaluating
state, school district, and school site performance goals and objectives
and in determining the methods that should be employed at the school
site to meet these goals and objectives. Site councils may make
recommendations and proposals to the school board regarding
budgetary items and school district matters, including, but not limited
to, identifying and implementing the best practices for developing
efficient and effective administrative and management functions. Site
councils also may help school boards analyze the unique environment
of schools, enhance the efficiency and maximize limited resources,
including outsourcing arrangements and cooperative opportunities as a
SENATE Substitute for HOUSE BILL No. 2007—page 34
means to address limited budgets.
Sec. 13. K.S.A. 2024 Supp. 77-440, as amended by section 2 of
2025 Senate Bill No. 77, is hereby amended to read as follows: 77-440.
(a) All rules and regulations adopted by state agencies under the
provisions of K.S.A. 77-415 et seq., and amendments thereto, shall be
reviewed every five years in accordance with this section.
(b) (1) Each state agency that has adopted rules and regulations
shall submit a report to the joint committee on administrative rules and
regulations on or before July 15 of the year that corresponds to such
state agency under paragraph (2). Such report shall contain a summary
of such state agency's review and evaluation of rules and regulations
adopted by such state agency, including a statement for each rule and
regulation as to whether such rule and regulation is necessary for the
implementation and administration of state law or may be revoked
pursuant to K.S.A. 77-426(d), and amendments thereto.
(2) Each state agency that has adopted rules and regulations shall
submit a report as required under paragraph (1) in the years that
correspond to such state agency as follows:
(A) For 2023 and every fifth year thereafter, the following state
agencies:
(i) Department of administration;
(ii) municipal accounting board;
(iii) state treasurer;
(iv) Kansas department of agriculture;
(v) Kansas department of agriculture—division of water
resources;
(vi) state election board;
(vii) secretary of state;
(viii) Kansas department of agriculture—division of animal
health;
(ix) Kansas bureau of investigation;
(x) Kansas department of agriculture—division of conservation;
(xi) agricultural labor relations board;
(xii) Kansas department of revenue—division of alcoholic
beverage control;
(xiii) attorney general;
(xiv) office of the state bank commissioner;
(xv) employee award board;
(xvi) governmental ethicsKansas public disclosure commission;
(xvii) crime victims compensation board;
(xviii) Kansas human rights commission; and
(xix) state fire marshal;
(B) for 2024 and every fifth year thereafter, the following state
agencies:
(i) Kansas wheat commission;
(ii) Kansas department for aging and disability services;
(iii) Kansas energy office;
(iv) department of health and environment;
(v) Kansas department for children and families;
(vi) Kansas department of transportation;
(vii) Kansas highway patrol;
(viii) savings and loan department;
(ix) Kansas turnpike authority;
(x) insurance department;
(xi) corrections ombudsman board;
(xii) department of corrections;
(xiii) Kansas prisoner review board;
(xiv) mined-land conservation and reclamation (KDHE);
(xv) department of labor—employment security board of review;
(xvi) department of labor;
(xvii) department of labor—division of employment; and
(xviii) department of labor—division of workers compensation;
(C) for 2025 and every fifth year thereafter, the following state
agencies:
SENATE Substitute for HOUSE BILL No. 2007—page 35
(i) State records board;
(ii) state library;
(iii) adjutant general's department;
(iv) state board of nursing;
(v) Kansas board of barbering;
(vi) state board of mortuary arts;
(vii) board of examiners in optometry;
(viii) state board of technical professions;
(ix) Kansas board of examiners in fitting and dispensing of
hearing instruments;
(x) state board of pharmacy;
(xi) Kansas state board of cosmetology;
(xii) state board of veterinary examiners;
(xiii) Kansas dental board;
(xiv) board of accountancy;
(xv) state bank commissioner—consumer and mortgage lending
division;
(xvi) Kansas public employees retirement system;
(xvii) office of the securities commissioner; and
(xviii) Kansas corporation commission;
(D) for 2026 and every fifth year thereafter, the following state
agencies:
(i) Public employee relations board;
(ii) abstracters' board of examiners;
(iii) Kansas real estate commission;
(iv) state board of regents;
(v) school retirement board;
(vi) state department of education;
(vii) Kansas department of revenue;
(viii) Kansas department of revenue—division of property
valuation;
(ix) state board of tax appeals;
(x) Kansas office of veterans services;
(xi) Kansas water office;
(xii) Kansas department of agriculture—division of weights and
measures;
(xiii) state board of healing arts;
(xiv) behavioral sciences regulatory board;
(xv) state bank commissioner and savings and loan commissioner
—joint regulations;
(xvi) consumer credit commissioner, credit union administrator,
savings and loan commissioner and bank commissioner—joint
regulations;
(xvii) state board of indigents' defense services;
(xviii) Kansas commission on peace officers' standards and
training; and
(xix) law enforcement training center; and
(E) for 2027 and every fifth year thereafter, the following state
agencies:
(i) Kansas state employees health care commission;
(ii) emergency medical services board;
(iii) department of commerce;
(iv) Kansas lottery;
(v) Kansas racing and gaming commission;
(vi) Kansas department of wildlife and parks;
(vii) Kansas state fair board;
(viii) real estate appraisal board;
(ix) state historical society;
(x) state department of credit unions;
(xi) pooled money investment board;
(xii) department of corrections—division of juvenile services;
(xiii) state child death review board;
(xiv) Kansas agricultural remediation board;
(xv) unmarked burial sites preservation board;
SENATE Substitute for HOUSE BILL No. 2007—page 36
(xvi) Kansas housing resources corporation;
(xvii) department of commerce—Kansas athletic commission;
(xviii) department of health and environment—division of health
care finance;
(xix) home inspectors registration board;
(xx) committee on surety bonds and insurance;
(xxi) 911 coordinating council; and
(xxii) office of administrative hearings.
(c) For any state agency not listed in subsection (b)(2) that adopts
rules and regulations that become effective on or after July 1, 2022,
such state agency shall submit a report to the joint committee on
administrative rules and regulations in accordance with subsection (b)
(1) on or before July 15 of the fifth year after such rules and regulations
become effective and every fifth year thereafter.
(d) Notwithstanding any other provision of law, a rule and
regulation may be adopted or maintained by a state agency only if
such rule and regulation serves an identifiable public purpose to
support state law and may not be broader than is necessary to meet
such public purpose.
(e) This section shall be a part of and supplemental to the rules
and regulations filing act, K.S.A. 77-415 et seq., and amendments
thereto.
Sec. 14. K.S.A. 17-7929, as amended by section 4 of 2025 House
Bill No. 2117, 17-7929, as amended by section 33 of 2025 House Bill
No. 2371, 25-4180, as amended by section 1 of 2025 House Bill No.
2106, 25-4180, as amended by section 15 of 2025 House Bill No. 2206,
40-252, as amended by section 9 of 2025 House Bill No. 2050, 40-252,
as amended by section 15 of 2025 House Bill No. 2334, 40-3401, as
amended by section 1 of 2025 House Bill No. 2039, and 40-3401, as
amended by section 7 of 2025 House Bill No. 2249, and K.S.A. 2024
Supp. 8-1,141, 8-1,141a, 21-5705a, 39-923, 39-923b, 39-2009, 39-
2009a, 40-4302, as amended by section 24 of 2025 House Bill No.
2334, 40-4302, as amended by section 30 of 2025 House Bill No. 2050,
72-5170, 72-5170a, 77-440, as amended by section 2 of 2025 Senate
Bill No. 77, and 77-440, as amended by section 28 of 2025 House Bill
No. 2206, are hereby repealed.
Sec. 15. On and after January 1, 2026, K.S.A. 2024 Supp. 59-
2946, as amended by section 10 of 2025 House Bill No. 2249, 59-2946,
as amended by section 157 of 2025 House Bill No. 2359, 59-29b46, as
amended by section 11 of 2025 House Bill No. 2249, 59-29b46, as
amended by section 151 of 2025 House Bill No. 2359, and 59-3077, as
amended by section 14 of 2025 House Bill No. 2249, are hereby
repealed.
SENATE Substitute for HOUSE BILL No. 2007—page 37
Sec. 16. On and after July 1, 2026, K.S.A. 2024 Supp. 45-229, as
amended by section 1 of 2025 House Bill No. 2166, and 45-229, as
amended by section 11 of chapter 95 of the 2024 Session Laws of
Kansas, are hereby repealed.
Sec. 17. 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 HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.