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1404 JOURNAL OF THE HOUSE Journal of the House SIXTY-FOURTH DAY HALL OF THE HOUSE OF REPRESENTATIVES, TOPEKA, KS, Friday, May 7, 2021, 10:00 a.m. The House met pursuant to adjournment with Speaker Ryckman in the chair. The roll was called with 120 members present. Rep. Howard was excused on verified illness. Reps. Awerkamp, Garber, Newland and Victors were excused on excused absence by the Speaker. Present later: Rep. Garber. Excused later: Reps. Baker, Blex, Finney, Garber, Helgerson, Huebert, Orr, Rhiley, Samsel and Thompson. Prayer by Chaplain Brubaker: Gracious Loving Father, Thank You for your faithfulness once again for another session. For those days when the energy of our leaders seemed depleted, You provided Your life-giving spirit. When the heat of debate and discussion increased, You delivered calm and cool heads to prevail. When there was uncertainty and hopelessness, You gave hope and promise. When there seemed to be no good solutions, You afforded them Your wisdom and guidance. When they became weary, You bestowed strength. In these last few hours or days, I ask that You continue to show Your faithfulness, extend your spirit and renewal, and provide Your peace, presence, and provision. In Christ’s Name I pray, Amen. The Pledge of Allegiance was led by Rep. Eplee. MESSAGES FROM THE SENATE The Senate adopts the Conference Committee report to agree to disagree on SB 29, and has appointed Senators Longbine, Peck and Holscher as Second conferees on the part of the Senate. MAY 7, 2021 1405 The Senate accedes to the request of the House for a conference on HB 2313 and has appointed Senators Tyson, Alley and Holland as conferees on the part of the Senate. The Senate announced the appointment of Senator Tyson and Alley to replace Senators Alley and Claeys as conferees on SB 58. REPORT OF STANDING COMMITTEE Your Committee on Calendar and Printing recommends on requests for resolutions and certificates that Request No. 39, by Representative Aaron Coleman, congratulating Micah King on being the House District 37 community advocate of 2021. Request No. 40, by Representative Brandon Woodard, commending Erica Mercado Loya on her historic partcipation in the Miss Southwest Kansas 2021 pageant. Request No. 41, by Representative Jim Minnix, congratulating Sawyer Stevens of Scott City, Kansas on his 2021 appointment to United States Naval Academy at Annapolis. Request No. 42, by Representative Kyle Hoffman, honoring Martha Hadsall on her many years of service to Harper County and the Anthony Hospital Board. Request No. 43, by Representative KC Ohaebosim, honoring the memory of Sir Godwin C. Onyewuenyi, may his kind and gentle soul rest in peace. Request No. 44, by Representative Broderick Henderson, congratulating Sway Jenkins, First Baptist Church Quindaro, 2021 High School Graduate, Jenkins Academy High School. Request No. 45, by Representative KC Ohaebosim, congratulating Ikenna and Justine Ogobuiro, on their recent marriage. Request No. 46, by Representative Broderick Henderson, congratulating Zelma Seals, First Baptist Church Quindaro, 2021 High School Graduate, F.L. Schlagle High School. Request No. 47, by Representative Trevor Jacobs, congratulating Kyle Parks, recognizing for selfless hard work, dedication and leadership in Fort Scott. Request No. 48, by Representative Jim Kelly, honoring the memory of Charles Alva “C.A.” McKinney, Assistant Chief of Police, Independence Police Department, killed in the line of duty, March 21, 1920. Request No. 49, by Representative Trevor Jacobs, congratulating RoAnn Blake, recognizing for selfless hard work, dedication and leadership in Fort Scott. be approved and the Chief Clerk of the House be directed to order the printing of said certificates and order drafting of said resolutions. On motion of Rep. Hawkins, the committee report was adopted. On motion of Rep. Hawkins, the House recessed until 11:00 a.m. __________________________ LATE MORNING SESSION The House met pursuant to recess with Speaker pro tem Finch in the chair. 1406 JOURNAL OF THE HOUSE MESSAGE FROM THE SENATE The Senate nonconcurs in House amendments to SB 91, requests a conference and has appointed Senators Olson, Steffen and Holland as conferees on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Hawkins, pursuant to subsection (k) of Joint Rule 4 of the Joint Rules of the Senate and House of Representatives, the rules were suspended for the purpose of considering SB 91, SB 78. INTRODUCTION OF ORIGINAL MOTIONS On motion of Rep. Hawkins, the House acceded to the request of the Senate for a conference on SB 91. Speaker pro tem Finch thereupon appointed Reps. Tarwater, Long and Clayton as conferees on the part of the House. CONFERENCE COMMITTEE REPORT MR. PRESIDENT and MR. SPEAKER: Your committee on conference on House amendments to SB 78 submits the following report: The Senate accedes to all House amendments to the bill, and your committee on conference further agrees to amend the bill as printed as House Substitute for Senate Bill No. 78, as follows: On page 52, following line 27, by inserting: "Sec. 5. K.S.A. 2020 Supp. 40-2c01 is hereby amended to read as follows: 40-2c01. As used in this act: (a) "Adjusted RBC report" means an RBC report that has been adjusted by the commissioner in accordance with K.S.A. 40-2c04, and amendments thereto. (b) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required to address an RBC level event. (c) "Domestic insurer" means any insurance company or risk retention group that is licensed and organized in this state. (d) "Foreign insurer" means any insurance company or risk retention group not domiciled in this state that is licensed or registered to do business in this state pursuant to article 41 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 40-209, and amendments thereto. (e) "NAIC" means the national association of insurance commissioners. (f) "Life and health insurer" means any insurance company licensed under article 4 or 5 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, or a licensed property and casualty insurer writing only accident and health insurance. (g) "Property and casualty insurer" means any insurance company licensed under articles 9, 10, 11, 12, 12a, 15 or 16 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. (h) "Negative trend" means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the "trend test MAY 7, 2021 1407 calculation" included in the RBC instructions defined in subsection (j). (i) "RBC" means risk-based capital. (j) "RBC instructions" means the risk-based capital instructions promulgated by the NAIC that are in effect on December 31, 2019 2020, or any later version promulgated by the NAIC as may be adopted by the commissioner under K.S.A. 2020 Supp. 40- 2c29, and amendments thereto. (k) "RBC level" means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where: (1) "Company action level RBC" means, with respect to any insurer, the product of 2.0 and its authorized control level RBC; (2) "regulatory action level RBC" means the product of 1.5 and its authorized control level RBC; (3) "authorized control level RBC" means the number determined under the risk- based capital formula in accordance with the RBC instructions; and (4) "mandatory control level RBC" means the product of 0.70 and the authorized control level RBC. (l) "RBC plan" means a comprehensive financial plan containing the elements specified in K.S.A. 40-2c06, and amendments thereto. If the commissioner rejects the RBC plan, and it is revised by the insurer, with or without the commissioner's recommendation, the plan shall be called the "revised RBC plan." (m) "RBC report" means the report required by K.S.A. 40-2c02, and amendments thereto. (n) "Total adjusted capital" means the sum of: (1) An insurer's capital and surplus or surplus only if a mutual insurer; and (2) such other items, if any, as the RBC instructions may provide. (o) "Commissioner" means the commissioner of insurance."; On page 68, following line 15, by inserting: "Sec. 13. K.S.A. 2020 Supp. 40-3402 is hereby amended to read as follows: 40- 3402. (a) Prior to January 1, 2022, a policy of professional liability insurance approved by the commissioner and issued by an insurer duly authorized to transact business in this state in which the limit of the insurer's liability is not less than $200,000 per claim, subject to not less than a $600,000 annual aggregate for all claims made during the policy period, shall be maintained in effect by each resident healthcare provider as a condition of active licensure or other statutory authorization to render professional service as a healthcare provider in this state, unless such healthcare provider is a self- insurer. For all new policies and policies that renew on and after January 1, 2022, a policy of professional liability insurance approved by the commissioner and issued by an insurer duly authorized to transact business in this state in which the limit of the insurer's liability is not less than $500,000 per claim, subject to not less than a $1,500,000 annual aggregate for all claims made during the policy period, shall be maintained by each resident healthcare provider as a condition of active licensure or other statutory authorization to render professional service as a healthcare provider in this state, unless such healthcare provider is a self-insurer.
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