1995 Wisconsin Act 27

27,7028b Section 7028b. 613.01 (8) of the statutes is amended to read:

613.01 (8) (title) Secretary of state Department of financial institutions. In any provision of ch. 180 or 181 made applicable to service insurance corporations in this chapter, “secretary of state" “ department" means commissioner of insurance.

27,7029 Section 7029 . 613.81 of the statutes is amended to read:

613.81 (title) Tax exemption for certain hospital service insurance corporations. Every nonprofit service insurance corporation organized under s. 613.80 which does not pay any dividends, benefits or pecuniary profits to any members or directors and which does not offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is, except for purposes of the franchise tax measured by net income, a charitable and benevolent corporation. Every nonprofit service insurance corporation organized under s. 613.80 that offers a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is not a charitable and benevolent corporation.

27,7030 Section 7030 . 614.05 (1) of the statutes is amended to read:

614.05 (1) Chapters 611 and 619. No section of chs. ch. 611 or subch. I of ch. 619 applies to fraternals unless it is specifically made applicable by this chapter.

27,7031b Section 7031b. 614.09 of the statutes is amended to read:

614.09 Reservation of corporate name. Section 181.07 applies to fraternals, except that “secretary of state" “department" shall be read “commissioner".

27,7032 Section 7032 . 614.80 of the statutes is amended to read:

614.80 Tax exemption. Every domestic and nondomestic fraternal, except those that offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is exempt from all state, county, district, municipal and school taxes or fees, except the fees required by s. 601.31 (2), but is required to pay all taxes and special assessments on its real estate and office equipment, except as provided in s. 70.11 (4) and (8).

27,7033b Section 7033b. 616.09 (1) (c) 2. of the statutes is amended to read:

616.09 (1) (c) 2. In all actions commenced after May 11, 1980, in those provisions of ch. 185 which apply under subd. 1. to plans authorized under s. 616.06, “secretary of state" “department" shall be deemed to read “secretary of state “department of financial institutions and commissioner", except in s. 185.48, where “secretary of state" “department" shall be deemed to read “commissioner".

27,7034 Section 7034 . 616.74 (1) (c) of the statutes is amended to read:

616.74 (1) (c) A certificate from the secretary of state department of financial institutions, if it is a nonprofit corporation, that it has complied with the corporation laws of this state; if it is a corporation the stock of which has been or is being sold to the general public, a certificate from the commissioner division of securities that it has complied with the requirements of the securities law of this state.

27,7035 Section 7035 . 619.10 (6) of the statutes is amended to read:

619.10 (6) “Medical assistance" means health care benefits provided under ss. 49.45 to 49.47 subch. IV of ch. 49.

27,7036 Section 7036 . 619.12 (3) (b) of the statutes is amended to read:

619.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.48 49.68 for renal disease, under s. 49.485 (8) 49.685 (8) for hemophilia or under s. 49.483 49.683 for cystic fibrosis are not ineligible for coverage under the plan by reason of such payments or reimbursements.

27,7037 Section 7037 . 626.12 (3) of the statutes is amended to read:

626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employes. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employes or applicants for employment shall forfeit the right to experience rating. If the department of industry, labor and human relations determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in ss. 101.02 s. 103.005 (5) (b) to (f), (6) to (12) and (14) (11), (13) (b) to (d) and 101.03 (16), so far as such sections subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

27,7038 Section 7038 . 628.04 (3) of the statutes is amended to read:

628.04 (3) Classification and examination. The commissioner may by rule prescribe classifications of intermediaries in addition to agent and surplus lines agent or broker, by kind of authority, or kind of insurance, or in other ways, and may prescribe different standards of competence, including examinations and educational prerequisites, for each class. The commissioner may by rule set prelicensing and annual continuing education standards, but may not require a licensed intermediary to complete a course of study requiring more than 15 30 hours, per license, of approved continuing education, including continuing education programs approved by the commissioner and presented by the insurers, in any one-year 2-year period. The commissioner may approve courses or programs that an applicant for an intermediary's license may attend to fulfill a prelicensing education requirement, or that a licensed intermediary may attend to fulfill a continuing education requirement, and may approve organizations that may offer approved courses or programs. The commissioner may, by rule, exempt any class of intermediaries from the continuing education requirements. So far as practicable, the commissioner shall issue a single license to each individual intermediary for a single fee.

27,7039 Section 7039 . 628.10 (2) (a) of the statutes is amended to read:

628.10 (2) (a) For failure to comply with continuing education requirements. The commissioner may by order suspend the license of any intermediary who fails to produce evidence of compliance with continuing education standards set by the commissioner. If an intermediary whose license has been suspended under this paragraph produces evidence of compliance within 60 days after the date on which the license is suspended, the commissioner shall reinstate the license effective on the date of suspension. If such an intermediary does not produce evidence of compliance within 60 days, the license is revoked and the intermediary may be relicensed only after satisfying all requirements under s. 628.04.

27,7040 Section 7040 . 628.11 of the statutes is amended to read:

628.11 Listing of insurance agents. An insurer shall report to the commissioner at such intervals as the commissioner establishes by rule all appointments, including renewals of appointments, and all terminations of appointments of insurance agents to do business in this state, and shall pay the fees prescribed under s. 601.31 (1) (n).

27,7041 Section 7041 . 632.10 (1) of the statutes is amended to read:

632.10 (1) “Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of industry, labor and human relations development under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

27,7041c Section 7041c. 632.102 (2) (b) of the statutes is amended to read:

632.102 (2) (b) The lesser of $5,000 $7,500 or the limits under the policy for coverage of the building or other structure affixed to land that sustained the loss.

27,7042 Section 7042 . 632.72 (title) of the statutes is amended to read:

632.72 (title) Medical benefits or assistance; assignment.

27,7043 Section 7043 . 632.72 (1) of the statutes is renumbered 632.72 (1r) and amended to read:

632.72 (1r) The providing of medical benefits under s. 49.02 or 49.046 or of medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47 constitutes an assignment to the department of health and social services or the county providing the medical benefits or assistance or contract provider. The assignment shall be, to the extent of the medical benefits or assistance provided, for benefits to which the recipient would be entitled under any policy of health and disability insurance.

27,7044 Section 7044 . 632.72 (1g) of the statutes is created to read:

632.72 (1g) In this section:

(a) “Department or contract provider" means the department of health and social services, the county providing the medical benefits or assistance or a health maintenance organization that has contracted with the department of health and social services to provide the medical benefits or assistance.

(b) “Medical benefits or assistance" means medical benefits under s. 49.02 or 49.046 or medical assistance, as defined under s. 49.43 (8).

27,7045b Section 7045b. 632.72 (1g) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

632.72 (1g) (b) “Medical benefits or assistance" means medical benefits health care services funded by a relief block grant under s. 49.02 or 49.046 ch. 49, or medical assistance, as defined under s. 49.43 (8).

27,7046 Section 7046 . 632.72 (2) of the statutes is amended to read:

632.72 (2) An insurer may not impose on the department of health and social services or contract provider, as assignee of a person who is covered under the policy of health and disability insurance and who is eligible for medical benefits under s. 49.02 or 49.046 or for medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the policy of health and disability insurance.

27,7047 Section 7047 . 632.89 (1) (e) 1. of the statutes is amended to read:

632.89 (1) (e) 1. A program in an outpatient treatment facility, if both are approved by the department of health and social services and, the program is established and maintained according to rules promulgated under s. 51.42 (7) (b) and the facility is certified under s. 51.04.

27,7048 Section 7048 . 632.895 (3) of the statutes is amended to read:

632.895 (3) Skilled nursing care. Every disability insurance policy filed after November 29, 1979, which provides coverage for hospital care shall provide coverage for at least 30 days for skilled nursing care to patients who enter a licensed skilled nursing care facility. A disability insurance policy, other than a medicare supplement policy or medicare replacement policy, may limit coverage under this subsection to patients who enter a licensed skilled nursing care facility within 24 hours after discharge from a general hospital. The daily rate payable under this subsection to a licensed skilled nursing care facility shall be no less than the maximum daily rate established for skilled nursing care in that facility by the department of health and social services for purposes of reimbursement under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49. The coverage under this subsection shall apply only to skilled nursing care which is certified as medically necessary by the attending physician and is recertified as medically necessary every 7 days. If the disability insurance policy is other than a medicare supplement policy or medicare replacement policy, coverage under this subsection shall apply only to the continued treatment for the same medical or surgical condition for which the insured had been treated at the hospital prior to entry into the skilled nursing care facility. Coverage under any disability insurance policy governed by this subsection may be subject to a deductible that applies to the hospital care coverage provided by the policy. The coverage under this subsection shall not apply to care which is essentially domiciliary or custodial, or to care which is available to the insured without charge or under a governmental health care program, other than a program provided under ch. 49.

27,7049 Section 7049 . 645.76 of the statutes is amended to read:

645.76 Disposition of records during and after termination of liquidation. Records of any insurer in the process of liquidation or completely liquidated under this chapter shall be disposed of by the public records and forms board in the same manner as state records under s. 16.61.

27,7050 Section 7050 . 701.107 (3m) of the statutes is created to read:

701.107 (3m) “Division" means the division of banking.

27,7051 Section 7051 . 701.107 (4) of the statutes is amended to read:

701.107 (4) “Nonreciprocal state" means a state other than this state and other than a regional state, as defined in s. 221.58 (1) (h), that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

27,7052 Section 7052 . 701.108 (1) (b) of the statutes is amended to read:

701.108 (1) (b) The bank or bank holding company proposing to obtain the stock of a bank holding company under this section has filed an application with the commissioner of banking division, and the commissioner of banking division does not disapprove the application under sub. (2).

27,7053 Section 7053 . 701.108 (1) (c) of the statutes is amended to read:

701.108 (1) (c) The commissioner of banking division gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under this subsection and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days after the final notice or if the commissioner division on his or her the division's motion calls for a hearing within 30 days after the final notice, the commissioner division holds a public hearing on the application, except that a hearing is not required if the commissioner division finds that an emergency exists and that the proposed action under this subsection is necessary and appropriate to prevent the probable failure of a bank owned by the charitable trust that is closed or in danger of closing.

27,7054 Section 7054 . 701.108 (1) (d) of the statutes is amended to read:

701.108 (1) (d) The commissioner of banking division is provided a copy of any original application seeking approval by a federal agency of the transaction and of any supplemental material or amendments filed with the application.

27,7055 Section 7055 . 701.108 (1) (e) of the statutes is amended to read:

701.108 (1) (e) The applicant has paid the commissioner of banking division a fee of $1,000 together with the actual costs incurred by the commissioner division in holding any hearing on the application.

27,7056 Section 7056 . 701.108 (2) (intro.) of the statutes is amended to read:

701.108 (2) Standards for disapproval. (intro.) The commissioner of banking division may disapprove an application filed under sub. (1) if the commissioner division finds any of the following:

27,7057 Section 7057 . 701.108 (2) (f) (intro.) of the statutes is amended to read:

701.108 (2) (f) (intro.) The applicant has failed to enter into an agreement prepared by the commissioner division to comply with all of the following:

27,7058 Section 7058 . 701.108 (2) (i) of the statutes is amended to read:

701.108 (2) (i) The applicant fails to meet any other standards established by rule of the commissioner division.

27,7059 Section 7059 . 701.108 (3) (b) 2. of the statutes is amended to read:

701.108 (3) (b) 2. A regional state bank holding company, as defined in s. 221.58 (1) (g), that has its principal place of business in a regional state that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

27,7060 Section 7060 . 701.108 (3m) (b) of the statutes is amended to read:

701.108 (3m) (b) With respect to a bank or bank holding company which obtains the stock of a bank holding company under this section and which has its principal place of business in a regional state, as defined in s. 221.58 (1) (h), par. (a) is satisfied if the commissioner of banking division finds that the statutes of that regional state satisfy s. 221.58 (4) (a).

27,7061 Section 7061 . 703.10 (2m) of the statutes is amended to read:

703.10 (2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in s. 101.22 106.04.

27,7062b Section 7062b. 703.23 (1) of the statutes is amended to read:

703.23 (1) Appointment of resident agent; change in name or address. When any property is submitted to a condominium declaration, the declarant shall appoint a resident agent for the condominium who shall be a citizen and actual resident of the state or corporation duly registered or qualified to do business in the state. The declarant shall file the name and address of the resident agent with the secretary of state department of financial institutions. The name or address of the resident agent may be changed by the association or other proper authority of the condominium in the same manner and to the same extent that names and addresses of registered agents may be changed by corporations. If the association is incorporated, the registered agent for the association shall be the registered agent for the condominium.

27,7063b Section 7063b. 703.23 (2) of the statutes is amended to read:

703.23 (2) Index of names and address of resident agents. The secretary of state department of financial institutions shall keep an index of the names and addresses of resident agents and shall make the information available to the public on request.

27,7064b Section 7064b. 704.22 (2) of the statutes is amended to read:

704.22 (2) Designation of an agent under sub. (1) shall be in writing and filed with the secretary of state department of financial institutions.

27,7064m Section 7064m. 704.90 (11) (title) and (a) of the statutes are amended to read:

704.90 (11) (title) Duties of the department of justice agriculture, trade and consumer protection. (a) Except as provided in par. (c), the department of justice agriculture, trade and consumer protection shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

27,7065 Section 7065 . 705.04 (2g) of the statutes is created to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that was paid on behalf of the decedent or the decedent's spouse.

27,7065b Section 7065b. 705.04 (2g) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) or an amount equal to aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse.

27,7065bm Section 7065bm. 705.04 (2g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7065 and 7065b, is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), or an amount equal to aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.

27,7065c Section 7065c. 705.04 (2g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7065, 7065b and 7065bm, is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 that is recoverable under s. 49.482 49.682 (2) (a) or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.

27,7066 Section 7066 . 706.11 (1) (f) of the statutes is amended to read: