AB542,35,2121 9. A form subject to s. 618.41 (6m).
AB542,35,2222 10. A warranty contract form.
AB542,35,2423 11. A form required to be filed under par. (a) by a rule promulgated by the
24commissioner.
AB542, s. 28 25Section 28. 631.20 (1g) of the statutes is created to read:
AB542,36,5
1631.20 (1g) Exempt if approved by commission. A form for a product, as defined
2in s. 601.58 (2) (k), that is approved by or self-certified to, and not disapproved by,
3the Interstate Insurance Product Regulation Commission is exempt from subs. (1)
4(a) and (1m) (a), unless otherwise provided by a rule promulgated by the
5commissioner under s. 601.58.
AB542, s. 29 6Section 29. 631.20 (1m) of the statutes is created to read:
AB542,36,117 631.20 (1m) Use of certain forms. (a) Except as exempted under sub. (1g) or
8s. 631.01 (2) to (5) or by a rule promulgated by the commissioner, an insurer may not,
9on or after the effective date of this paragraph .... [revisor inserts date], use a form
10that is exempt from sub. (1) (a) under sub. (1) (c) unless the insurer does all of the
11following:
AB542,36,1212 1. Files the form with the commissioner 30 days before its use.
AB542,36,1413 2. Files the form in the manner and format, and with the attachments,
14prescribed by the commissioner.
AB542,36,1715 3. Certifies as required under par. (b) that the form complies with chs. 600 to
16655 and rules promulgated under chs. 600 to 655. The commissioner may require
17an insurer to include specific compliance certifications.
AB542,36,2218 (b) An insurer shall provide the certification under par. (a) 3. in the form
19prescribed by the commissioner. The certification shall be executed by a person who
20is an officer of the insurer and who is responsible for the form that is the subject of
21the filing. No insurer may file, and no insurer's officer may execute, a false
22certification.
AB542, s. 30 23Section 30. 631.20 (2) (intro.) of the statutes is amended to read:
AB542,36,2524 631.20 (2) Grounds for disapproval. (intro.) The commissioner may
25disapprove a form under sub. (1) (a) or (3) upon a finding:
AB542, s. 31
1Section 31. 631.20 (3) of the statutes is amended to read:
AB542,37,72 631.20 (3) Subsequent disapproval. Whenever the commissioner finds, after
3a hearing, that a form approved or deemed to be approved under sub. (1) (a) would,
4a form filed under sub. (1m), or a form subject to subsequent disapproval under s.
5601.58 (14) should
be disapproved under sub. (2) if newly filed, the commissioner
6may order that on or before a date not less than 30 nor more than 90 days after the
7order the use of the form shall be discontinued or appropriate changes shall be made.
AB542, s. 32 8Section 32. 631.20 (6) (title) of the statutes is amended to read:
AB542,37,99 631.20 (6) (title) Approved form which Form that violates statute or rule.
AB542, s. 33 10Section 33. 631.20 (6) (a) of the statutes is renumbered 631.20 (6) (a) (intro.)
11and amended to read:
AB542,37,1312 631.20 (6) (a) (intro.) The penalties under s. 601.64 (3) to (5) may not be imposed
13against an insurer for using any of the following:
AB542,37,17 141. Using a form that does not comply with a statute or rule, including a rule or
15uniform standard adopted by the Interstate Insurance Product Regulation
16Commission,
if the statute or rule was in effect on the date the form was approved
17or deemed to be approved under sub. (1) (a) or s. 601.58.
AB542, s. 34 18Section 34. 631.20 (6) (a) 2. of the statutes is created to read:
AB542,37,2019 631.20 (6) (a) 2. The use of a form solely based on a finding of the commissioner
20that the content of the form is misleading under s. 628.34 (1).
AB542, s. 35 21Section 35. 631.20 (6) (b) of the statutes is amended to read:
AB542,38,222 631.20 (6) (b) Use An insurer's use of a form that does not comply with a statute
23or rule which, including a rule or uniform standard adopted by the Interstate
24Insurance Product Regulation Commission, that
takes effect after the date the form
25was approved or deemed to be approved under sub. (1) (a) or s. 601.58 is a violation

1of the statute or rule, and the penalties under s. 601.64 may be imposed against the
2insurer using the form.
AB542, s. 36 3Section 36. 631.20 (6) (c) of the statutes is created to read:
AB542,38,84 631.20 (6) (c) Except as provided in par. (a) 2., an insurer's use of a form filed
5under sub. (1m) that violates chs. 600 to 655 or rules promulgated under chs. 600 to
6655 is a violation of the statute or rule, regardless of whether the form has been
7subsequently disapproved under sub. (3). The insurer is subject to the penalties and
8remedial orders provided under chs. 600 to 655, including ss. 601.41 (4) and 601.64.
AB542, s. 37 9Section 37. 631.21 (1) (intro.) of the statutes is amended to read:
AB542,38,1310 631.21 (1) Required approval. (intro.) Despite the filing or general approval
11of a form under s. 631.20, the following clauses are not approved may not be used
12even if contained in the form unless the commissioner gives explicit approval to
13them:
AB542, s. 38 14Section 38. 631.23 (1) (intro.) of the statutes is amended to read:
AB542,38,1915 631.23 (1) Promulgation of clauses. (intro.) The commissioner may not
16promulgate mandatory uniform clauses that preclude an insurer from filing its own
17forms for approval under s. 631.20; the commissioner may only disapprove such
18forms on the basis of the criteria stated in that section. Subject thereto, the
19commissioner may promulgate authorized clauses by rule upon a finding that:
AB542, s. 39 20Section 39. 631.36 (1) (a) of the statutes is amended to read:
AB542,38,2421 631.36 (1) (a) General. Except as otherwise provided in this section or in other
22statutes or by rule under par. (c), this section applies to all contracts of insurance
23based on forms which that are subject to filing and approval under s. 601.58 or 631.20
24(1) (a).
AB542, s. 40 25Section 40. 632.32 (4) (intro.) of the statutes is amended to read:
AB542,39,7
1632.32 (4) Required uninsured motorist and medical payments coverages.
2(intro.) Every policy of insurance subject to this section that insures with respect to
3any motor vehicle registered or principally garaged in this state against loss
4resulting from liability imposed by law for bodily injury or death suffered by any
5person arising out of the ownership, maintenance, or use of a motor vehicle shall
6contain therein or supplemental thereto the following provisions approved by the
7commissioner
:
AB542, s. 41 8Section 41. 632.45 (2) of the statutes is amended to read:
AB542,39,139 632.45 (2) Amendments. Any contract under sub. (1) shall state whether it may
10be amended as to investment policy, voting rights, and conduct of the business and
11affairs of any segregated account. Subject to any preemptive provision of federal law,
12any such amendment is subject to filing and approval under s. 631.20 and approval
13by a majority of the policyholders in the segregated account.
AB542, s. 42 14Section 42. 646.35 (6) (bm) of the statutes is amended to read:
AB542,39,1815 646.35 (6) (bm) For coverages continued pursuant to par. (b), the fund may
16substitute a comprehensive health insurance policy approved by the commissioner
17for a health maintenance organization policy that is subject to sub. (3), and increase
18rates or premiums for the substituted coverage as provided in sub. (5).
AB542, s. 43 19Section 43. 893.80 (8) of the statutes is amended to read:
AB542,39,2220 893.80 (8) This section does not apply to actions commenced under s. 19.37,
2119.97, or 281.99 or to claims against the interstate insurance product regulation
22commission
.
AB542, s. 44 23Section 44. Effective dates. This act takes effect on the day after publication,
24except as follows:
AB542,40,7
1(1) Insurance form filing. The treatment of sections 40.55 (1), 100.205 (6)
2(intro.), 605.03 (1) (a), 607.02 (1), 612.51 (1), 631.01 (4m), 631.20 (1) (a) and (c), (1g),
3(1m), (2) (intro.), (3), and (6) (title), (b), and (c), 631.21 (1) (intro.), 631.23 (1) (intro.),
4631.36 (1) (a), 632.32 (4) (intro.), 632.45 (2), and 646.35 (6) (bm) of the statutes, the
5renumbering and amendment of section 631.20 (6) (a) of the statutes, and the
6creation of section 631.20 (6) (a) 2. of the statutes take effect on the first day of the
74th month beginning after publication.
AB542,40,118 (2) Suitability of annuity sales. The treatment of section 628.347 (title), (1)
9(b) and (c), (2) (a), (b) 1., 2., 3., and 4., and (c) (intro.), (3) (f) 2., (5) (a), (b), and (c), (6)
10(b) and (c), (7), and (8) (a) of the statutes takes effect on the first day of the 7th month
11beginning after publication.
AB542,40,1212 (End)
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