44-596. Workers compensation advisory council; composition and appointment; duties and functions; annual organization; vote required to adopt recommendations; closed meeting of employer or employee re
44-596
44-596. Workers compensation advisory council; composition andappointment; duties and functions; annual organization; vote required to adoptrecommendations; closed meeting of employer or employee representatives;expense allowances; specifically assigned studies.(a) There is hereby established the workers compensationadvisory council. The advisory council shall be composed of the director ofworkers compensation, or the director's designee from the division of workerscompensation,a representative of the insurance industry appointed by the commissioner ofinsurance, and 10members whoshall be appointed by the secretary of labor inaccordance with thissection. Five members of the advisory council shall be broadly representativeofemployers throughout Kansas that are under the workers compensation act andshall be appointedas follows: One member shall be appointed from a list of nominees submittedto the secretary of labor by the Kansas chamberof commerce andindustry and four members shall be appointedfromnominees submitted to the secretary of labor byemployers or other representatives of employers or other employerorganizations.Five members of the advisory council shall bebroadly representative of employees throughout Kansas that are under theworkers compensation act and shall beappointedas follows: One member shall be appointed from a list of nominees submittedto the secretary of labor by the KansasA.F.L.-C.I.O. and fourmembers shall be appointedfrom nominees submitted to the secretary of laborbyemployees or other representatives of employees or other employeeorganizations.Therepresentative of the insurance industry shall be knowledgeable of insuranceunderwriting practices. The director of workers compensation and therepresentative of the insurance industry shall be nonvoting members of theadvisory council.
(b) Each member of the advisory council shall serve at the pleasure of thesecretary of labor. Any vacancy on the advisorycouncil shall befilled by nomination and appointment in the same manner as the originalappointment of the member creating the vacancy.
(c) The advisory council shall study the workers compensation act, proposedamendments to the act and such other matters relating thereto that may berecommended by the secretary of labor or thedirector of workerscompensation and shall advise the secretary and the director thereon. Theadvisory council shall also review and report its recommendations on anylegislative bill amending, supplementing or affecting the workers compensationact or rules and regulations adopted thereunder or affecting the administrationof such act or rules and regulations, which is introduced in the legislatureand which is requested to be reviewed and reported on to a standing committeeof either house of the legislature to which the bill is currently referred,upon the request of the chairperson of such committee.
(d) The advisory council shall organize annually by electing a chairpersonand a vice-chairperson and shall meet upon the call of the chairperson. Allactions of the advisory council adopting recommendations regarding the workerscompensation act or any other matter referred to the advisory committee undersubsection (c) shall be by motion adopted by the affirmativevotein open meetingof four of the five voting members who are appointed as representative ofemployers and four of the five voting members who are appointed asrepresentative of employees.All other actions of the advisorycouncil shall be by motion adopted by the affirmative vote of at least sixvoting members in open meeting.
(e) The advisory council, in accordance with K.S.A. 74-4319, andamendmentsthereto, may recess for a closed or executive meeting of the membersrepresenting employers or of the members representing employees, or of bothsuch groups of members meeting separately, to separately discuss the mattersbeing studied by theadvisory council, except that no binding action shall be taken during any suchclosed or executive meeting.
(f) The members of the advisory council shall serve without compensation,but, when attending meetings of the advisory commission, or subcommitteemeetings thereof authorized by the advisory commission, shall be paidsubsistence allowances, mileage and other expenses as provided in K.S.A.75-3223 and amendments thereto.
(g) In addition to other matters for study prescribed pursuant to thissection, the advisory council shall review the following:
(1) Competitive state workers compensation funds, including small businesscompetitive funds;
(2) effectiveness and cost of safety programs;
(3) safety-based insurance premium rate discounts;
(4) fees for attorneys representing all parties in workers compensationclaims; and
(5) group-funded self-insurance pools for small businesses.
Each of the studies prescribed by this subsection shall be reviewed andreported to the standing committees of the senate and house of representativeshaving workers compensation subject matter jurisdiction, except that the studyof competitive state workers compensation funds shall be completed and reportedto the legislative coordinating council not later than December 15, 1993.
History: L. 1993, ch. 286, § 18;L. 2004, ch. 179, § 19; July 1.