AB768: Bill Text

AB768, s. 565 Section 565. 560.184 (6m) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 560.184 (6m) (a).

AB768, s. 566 Section 566. 560.184 (6m) (b) of the statutes is created to read:

AB768,265,5 560.184 (6m) (b) Any penalties assessed and collected under this subsection shall be credited to the appropriation account under s. 20.143 (1) (jc).

AB768, s. 567 Section 567. 628.04 (1) (intro.) of the statutes is amended to read:

AB768,265,9 628.04 (1) Conditions and qualifications. (intro.) The Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who:

AB768, s. 568 Section 568. 628.04 (2) of the statutes is amended to read:

AB768,265,19 628.04 (2) Surplus lines agents or brokers. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a license as an agent or broker authorized to place business under s. 618.41 if the applicant shows to the satisfaction of the commissioner that in addition to the qualifications necessary to obtain a general license under sub. (1), the applicant has the competence to deal with the problems of surplus lines insurance. The commissioner may by rule require an agent or broker authorized to place business under s. 618.41 to supply a bond not larger than $100,000, conditioned upon proper performance of obligations as a surplus lines agent or broker.

AB768, s. 569 Section 569. 628.09 (1) of the statutes is amended to read:

AB768,266,4 628.09 (1) Issuance of license. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 3 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business. This subsection does not apply to life insurance agents.

AB768, s. 570 Section 570. 628.09 (4) of the statutes is amended to read:

AB768,266,12 628.09 (4) Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A Except as provided in s. 628.097, a temporary license may be extended beyond the initial period specified under sub. (1), for additional periods of not more than 3 months each, with the total period not to exceed 12 months in the aggregate. A temporary license may not continue after the owner or the personal representative disposes of the business.

AB768, s. 571 Section 571. 628.095 of the statutes is created to read:

AB768,266,19 628.095 Social security and federal employer identification numbers on license applications or at time of fee payment. (1) Required on applications. An application for a license issued under this subchapter shall contain the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person.

AB768,266,23 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant provides his or her social security number, if the applicant is a natural person, or provides the applicant's federal tax identification number, if the applicant is not a natural person.

AB768,267,4 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number, and an intermediary that is not a natural person shall provide its federal employer identification number, if the social security number or federal employer identification number was not provided on the application for the license or previously when the annual fee was paid.

AB768,267,7 (4) Disclosure. The commissioner may disclose any information received under sub. (1) or (3) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 572 Section 572. 628.097 of the statutes is created to read:

AB768,267,12 628.097 Refusal to issue based on tax delinquency. (1) Licenses. The commissioner shall refuse to issue a license, including a temporary license, under this subchapter if the department of revenue certifies under s. 73.0301 that the applicant for the license is liable for delinquent taxes.

AB768,267,16 (2) Extension of temporary license. The commissioner shall refuse to extend a temporary license under s. 628.09 (4) if the department of revenue certifies under s. 73.0301 that the person holding the temporary license is liable for delinquent taxes.

AB768, s. 573 Section 573. 628.10 (2) (b) of the statutes is amended to read:

AB768,268,2 628.10 (2) (b) For other reasons. After Except as provided in par. (c), after a hearing, the commissioner may revoke, suspend or limit in whole or in part the license of any intermediary if the commissioner finds that the licensee is unqualified as an intermediary, is not of good character or has repeatedly or knowingly violated an insurance statute or rule or a valid order of the commissioner under s. 601.41 (4), or if the intermediary's methods and practices in the conduct of business endanger, or financial resources are inadequate to safeguard, the legitimate interests of customers and the public. Nothing in this paragraph limits the authority of the commissioner to suspend summarily an intermediary's license under s. 227.51 (3).

AB768, s. 574 Section 574. 628.10 (2) (c) of the statutes is created to read:

AB768,268,7 628.10 (2) (c) For liability for delinquent taxes. The commissioner shall revoke the license of an intermediary, including a temporary license under s. 628.09, if the department of revenue certifies under s. 73.0301 that the intermediary is liable for delinquent taxes.

AB768, s. 575 Section 575. 628.10 (2) (d) of the statutes is created to read:

AB768,268,15 628.10 (2) (d) For failure to provide social security or federal employer identification number. If an intermediary fails to provide a social security number or a federal employer identification number as required under s. 628.095 (3), the commissioner shall revoke the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid revocation.

AB768, s. 576 Section 576. 632.68 (2) (b) (intro.) of the statutes is amended to read:

AB768,268,25 632.68 (2) (b) (intro.) A person may apply to the commissioner for a viatical settlement provider license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant to provide the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person. The fee specified in s. 601.31 (1) (mm) shall accompany the application. After any investigation of the applicant that the commissioner determines is sufficient, the commissioner shall issue a viatical settlement provider license to an applicant that satisfies all of the following:

AB768, s. 577 Section 577. 632.68 (2) (b) 2. of the statutes is amended to read:

AB768,269,3 632.68 (2) (b) 2. Provides complete information on the application, including the applicant's social security number or federal employer identification number.

AB768, s. 578 Section 578. 632.68 (2) (bc) of the statutes is created to read:

AB768,269,7 632.68 (2) (bc) The commissioner may disclose a social security number or federal employer identification number received under par. (b) or (e) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 579 Section 579. 632.68 (2) (bm) of the statutes is created to read:

AB768,269,11 632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 580 Section 580. 632.68 (2) (c) of the statutes is amended to read:

AB768,269,20 632.68 (2) (c) If Except as provided in par. (cm), if the commissioner denies an application for a license under this subsection, the applicant may, within 20 days after receiving notice of the denial, demand a hearing. The demand shall be in writing and shall be served on the commissioner by delivering a copy to the commissioner or by leaving it at the commissioner's office. The commissioner shall hold a hearing not less than 10 days nor more than 30 days after service of the demand. Failure to demand a hearing within the required time constitutes waiver of a hearing.

AB768, s. 581 Section 581. 632.68 (2) (cm) of the statutes is created to read:

AB768,269,24 632.68 (2) (cm) If the commissioner denies an application for a license under this subsection for delinquent taxes, the applicant is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (c).

AB768, s. 582 Section 582. 632.68 (2) (e) of the statutes is amended to read:

AB768,270,5 632.68 (2) (e) Except as provided in sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (mp) and upon providing the licensee's social security number or federal employer identification number, as applicable, if not previously provided on the application for the license or at a previous renewal of the license.

AB768, s. 583 Section 583. 632.68 (3) (title) of the statutes is amended to read:

AB768,270,8 632.68 (3) (title) Viatical settlement provider license; revocation or refusal to renew.

AB768, s. 584 Section 584. 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

AB768,270,13 632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

AB768, s. 585 Section 585. 632.68 (3) (b) of the statutes is created to read:

AB768,270,17 632.68 (3) (b) The commissioner shall revoke or refuse to renew a viatical settlement provider license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 586 Section 586. 632.68 (4) (b) of the statutes is amended to read:

AB768,271,2 632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant to provide the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number, whichever is applicable.

AB768, s. 587 Section 587. 632.68 (4) (bc) of the statutes is created to read:

AB768,271,6 632.68 (4) (bc) The commissioner may disclose a social security number or federal employer identification number received under par. (b) or (c) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 588 Section 588. 632.68 (4) (bm) of the statutes is created to read:

AB768,271,10 632.68 (4) (bm) The commissioner may not issue a license under this subsection if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 589 Section 589. 632.68 (4) (c) of the statutes is amended to read:

AB768,271,16 632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and upon providing the licensee's social security number or federal employer identification number, as applicable, if not previously provided on the application for the license or at a previous renewal of the license.

AB768, s. 590 Section 590. 632.68 (5) (title) of the statutes is amended to read:

AB768,271,19 632.68 (5) (title) Viatical settlement broker license; revocation or refusal to renew.

AB768, s. 591 Section 591. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

AB768,271,24 632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

AB768, s. 592 Section 592. 632.68 (5) (b) of the statutes is created to read:

AB768,272,3 632.68 (5) (b) The commissioner shall revoke or refuse to renew a viatical settlement broker license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 593 Section 593. 632.7495 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,272,10 632.7495 (1) (a) Except as provided in subs. (2) and (3) to (4) and notwithstanding s. 631.36 (2) to (4m), an insurer that provides individual health benefit plan coverage shall renew such coverage or continue such coverage in force at the option of the insured individual and, if applicable, the association through which the individual has coverage.

AB768, s. 594 Section 594. 632.7495 (4) of the statutes is created to read:

AB768,272,14 632.7495 (4) Notwithstanding subs. (1) and (2) and s. 631.36 (4), an insurer is not required to renew individual health benefit plan coverage that is marketed and designed to provide short-term coverage as a bridge between coverages.

AB768, s. 595 Section 595. 632.897 (4) (d) (intro.) of the statutes is amended to read:

AB768,272,23 632.897 (4) (d) (intro.) This subsection does not require individual coverage to be offered by an insurer offering group policies only. This subsection does not require an insurer to issue, or continue in force, an individual conversion policy covering a terminated insured or his or her spouse or dependent if benefits provided or available to the covered person under subds. 1. to 3., together with the converted policy's benefits, would result in overinsurance according to the insurer's standards for overinsurance, and these standards have been filed with and approved by the commissioner prior to use:

AB768, s. 596 Section 596. 633.14 (1) (d) of the statutes is created to read:

AB768,272,25 633.14 (1) (d) Provides his or her social security number.

AB768, s. 597 Section 597. 633.14 (2) (d) of the statutes is created to read:

AB768,273,2 633.14 (2) (d) Provides its federal employer identification number.

AB768, s. 598 Section 598. 633.14 (2c) of the statutes is created to read:

AB768,273,6 633.14 (2c) The commissioner may disclose any information received under sub. (1) (d) or (2) (d) or s. 633.15 (1m) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 599 Section 599. 633.14 (2m) of the statutes is created to read:

AB768,273,10 633.14 (2m) Notwithstanding subs. (1) and (2), the commissioner may not issue a license under this section if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 600 Section 600. 633.15 (1m) of the statutes is created to read:

AB768,273,20 633.15 (1m) Social security or federal employer identification number. At an annual renewal, an administrator shall provide his or her social security number, if the administrator is an individual, or its federal employer identification number, if the administrator is a corporation, limited liability company or partnership, if the social security number or federal employer identification number was not previously provided on the application for the license or at a previous renewal of the license. The commissioner shall refuse to renew a license if the licensee fails to provide a social security number or federal employer identification number as required in this subsection.

AB768, s. 601 Section 601. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

AB768,273,24 633.15 (2) (b) 1. (intro.) The Except as provided in par. (c), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

AB768, s. 602 Section 602. 633.15 (2) (c) of the statutes is created to read:

AB768,274,3 633.15 (2) (c) For liability for delinquent taxes. The commissioner shall revoke or refuse to renew a license issued under s. 633.14 if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 603 Section 603. 701.06 (5) (intro.) of the statutes is amended to read:

AB768,274,10 701.06 (5) Claims for public support. (intro.) Notwithstanding any provision in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10 or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or that furnished the beneficiary's spouse or minor child under s. 46.10 or 301.12, upon application by the appropriate state department or county official, the court may:

AB768, s. 604 Section 604. 751.15 of the statutes is created to read:

AB768,274,14 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301.

AB768,274,19 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of revenue for the sole purpose of making certifications under s. 73.0301.

AB768,274,24 (3) The supreme court is requested to promulgate rules that deny an application for a license to practice law or revoke a license to practice law already issued if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.

AB768, s. 605 Section 605. 753.075 (3) (a) of the statutes is amended to read:

AB768,275,18 753.075 (3) (a) Temporary reserve judges shall receive a per diem of $205 $255.66. Commencing August 1, 1993, temporary reserve judges shall receive a per diem of $225. Commencing August 2, 1994, and every August 2 thereafter 1998, the per diem for temporary reserve judges shall be increased by the same percentage increase as the total percentage increase in authorized for circuit court judges' salaries authorized during the preceding 12-month period ending on August 1. While serving outside the county in which they reside temporary reserve judges shall also receive actual and necessary expenses incurred in the discharge of judicial duties. This per diem compensation is not subject to s. 40.26 but the combined amount of this compensation and any other judicial compensation together with retirement annuities under the Wisconsin retirement system, the Milwaukee county retirement fund and other state, county, municipal, or other Wisconsin governmental retirement funds received by him or her during any one calendar year shall not exceed the yearly compensation of a circuit judge. The per diem compensation and actual and necessary expenses shall be paid from the appropriation under s. 20.625 (1) (a) when the judge is assigned to a circuit court and from the appropriation under s. 20.660 (1) (a) when the judge is assigned to the court of appeals.

AB768, s. 606 Section 606. 767.32 (1) (b) 4. of the statutes is amended to read:

AB768,275,25 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.