2006 Kansas Code - 46-2401

      46-2401.   Workers compensation fund oversight committee; composition; chairperson and vice-chairperson; duties; annual report; actuarial services; staff assistance; meetings; expense allowances. (a) There is hereby created the workers compensation fund oversight committee to consist of eleven members as follows: (1) One member shall be the commissioner of insurance or the commissioner's designee, (2) one member shall be appointed by the president of the senate, (3) one member shall be appointed by the minority leader of the senate, (4) one member shall be appointed by the speaker of the house of representatives, (5) one member shall be appointed by the minority leader of the house of representatives, (6) two members shall be persons appointed by the legislative coordinating council, (7) three members shall be persons appointed by the governor, and (8) one member shall be the director of workers compensation or the director's designee. The four members appointed by the president and minority leader of the senate and the speaker and minority leader of the house of representatives shall be members of the legislature. The two members appointed by the legislative coordinating council shall be appointed in accordance with the following: One member shall represent employers having 25 or more employees and one member shall represent employers having 24 or less employees. The three members appointed by the governor shall be appointed in accordance with the following:   One member shall represent employers having 25 or more employees, one member shall represent employers having 24 or less employees and one member shall be appointed from the public at large. None of the five members appointed by the legislative coordinating council and the governor shall be members of the legislature. Each member serving on the workers compensation fund oversight committee shall serve at the pleasure of the officer or council that appointed the member.

      (b)   The legislative coordinating council shall designate a chairperson and a vice-chairperson of the workers compensation fund oversight committee from among the members thereof. The committee shall meet upon the call of the chairperson. The committee shall make an annual report to the legislative coordinating council on or before September 1 of each year and shall perform such additional duties as the legislative coordinating council shall direct. The report to the legislative coordinating council shall include recommendations to the legislature on the advisability of continuation or termination of the workers compensation fund or any provisions of the workers compensation act relating thereto, an analysis of the federal Americans with disabilities act and its effect on the workers compensation fund, recommendations on ways to reduce claim and operational costs of the workers compensation fund, and draft legislation which would implement recommendations of the committee.

      (c)   The commissioner of insurance, or the commissioner's designee, shall provide any consulting actuarial firm contracting with the legislative coordinating council with such information or materials pertaining to the workers compensation fund deemed necessary by the actuarial firm for performing the requirements of any actuarial reviews for the workers compensation fund oversight committee notwithstanding any confidentiality prohibition, restriction or limitation imposed on such information or materials by any other law. The consulting actuarial firm and all employees and former employees thereof shall be subject to the same duty of confidentiality imposed by law on other persons or state agencies with regard to information and materials so provided and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality. Any reports of the consulting actuarial firm shall be made in a manner in which will not reveal directly or indirectly the name of any persons or entities or individual reserve information involved in claims against the workers compensation fund. Information provided to the actuary shall not be subject to discovery, subpoena or other means of legal compulsion in any civil proceedings and shall be returned by the actuary to the commissioner of insurance.

      (d)   The staff of the legislative research department, the office of the revisor of statutes and the division of legislative administrative services shall provide such assistance as may be requested by the workers compensation fund oversight committee and to the extent authorized by the legislative coordinating council.

      (e)   Members of the workers compensation fund oversight committee attending meetings of the committee, or attending a subcommittee meeting thereof authorized by the committee, shall be paid compensation, travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments thereto.

      History:   L. 1993, ch. 286, § 21; July 1.