AB40-ASA1,2248 16Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).
AB40-ASA1,2249 17Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to
18read:
AB40-ASA1,1178,21 19202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e)
20or (7) (b), a professional employer organization or professional employer group shall
21maintain one of the following:
AB40-ASA1,1179,10 22(1) Working capital requirement. Working capital, as defined by generally
23accepted accounting principles, of not less than $100,000, as shown in the financial
24statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6).
25If a professional employer organization or professional employer group has less than

1$100,000 in working capital, the department may issue a registration or renewal
2registration contingent on the registrant meeting the working capital requirement
3of this subsection no later than 180 days after the issuance of the registration or
4renewal registration. During the period of contingent registration, the registrant
5shall submit quarterly financial statements to the department accompanied by an
6attestation by the chief executive officer of the registrant that all wages, salaries,
7employee benefits, worker's compensation insurance premiums, payroll taxes,
8unemployment insurance contributions, and other amounts that are payable to or
9with respect to an employee of the registrant performing services for a client were
10paid by the registrant when due.
AB40-ASA1,1180,6 11(2) Alternative commitment. A bond, certificate of deposit, escrow account, or
12irrevocable letter of credit in an amount that is not less than $100,000 or, if the
13financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1.,
14(4), or (6) indicates a deficit in working capital, a bond, certificate of deposit, escrow
15account, or irrevocable letter of credit in an amount that is not less than $100,000
16plus an amount that is sufficient to cover that deficit. The commitment described in
17this subsection shall be in a form approved by the department, shall be held in a
18depository designated by the department, and shall secure the payment by the
19professional employer organization or professional employer group of any wages,
20salaries, employee benefits, worker's compensation insurance premiums, payroll
21taxes, unemployment insurance contributions, or other amounts that are payable to
22or with respect to an employee performing services for a client if the professional
23employer organization or professional employer group does not make those
24payments when due. The commitment shall be established in favor of or be made
25payable to the department, for the benefit of the state and any employee to whom or

1with respect to whom the professional employer organization or professional
2employer group does not make a payment described in this subsection when due. The
3professional employer organization or professional employer group shall file with the
4department any agreement, instrument, or other document that is necessary to
5enforce the commitment against the professional employer organization or
6professional employer group, or against any relevant 3rd party, or both.
AB40-ASA1,2250 7Section 2250. 461.04 of the statutes is renumbered 202.24, and 202.24 (3), as
8renumbered, is amended to read:
AB40-ASA1,1180,139 202.24 (3) Licensing. Nothing in this chapter subchapter or in any contract for
10the provision of the nontemporary, ongoing workforce of a client may be construed
11to affect or impair any federal, state, or local licensing, registration, or certification
12requirement that is applicable to a client or to an employee performing services for
13a client.
AB40-ASA1,2251 14Section 2251. 461.05 of the statutes is repealed.
AB40-ASA1,2252 15Section 2252. 461.06 of the statutes is renumbered 202.26, and 202.26 (intro.),
16(1) and (3), as renumbered, are amended to read:
AB40-ASA1,1180,19 17202.26 Rules. (intro.) The rules the department shall promulgate rules to
18promulgates under s. 202.095 that implement this chapter. Those rules subchapter
19shall include rules providing for all of the following:
AB40-ASA1,1180,21 20(1) Alternative registration of professional employer organizations under s.
21461.02
202.22 (7) (a) and (b).
AB40-ASA1,1180,23 22(3) Minimum requirements for issuance or renewal of a registration under s.
23 461.02 202.22 (8).
AB40-ASA1,2253 24Section 2253. 461.10 of the statutes is renumbered 202.29 and amended to
25read:
AB40-ASA1,1181,2
1202.29 Short title. This chapter subchapter shall be known as the "Wisconsin
2Professional Employer Organizations Act."
AB40-ASA1,2254 3Section 2254. 562.025 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,1181,104 562.025 (1) (intro.) No employee in the division of gaming who performs any
5duty related to racing or the executive assistant or the secretary or, deputy secretary,
6or assistant deputy secretary
of administration and no member of such a person's
7immediate family, as defined in s. 19.42 (7), may, while that person is employed or
8serves in such a capacity or for 2 years following the termination of his or her
9employment with the department after having served in such a capacity, do any of
10the following:
AB40-ASA1,2255 11Section 2255. 563.05 (5) (intro.) of the statutes is amended to read:
AB40-ASA1,1181,1812 563.05 (5) (intro.) No employee in the division of gaming who performs any
13duty related to bingo or raffles or the executive assistant or the secretary or, deputy
14secretary, or assistant deputy secretary of administration and no member of such a
15person's immediate family, as defined in s. 19.42 (7), may, while that person is
16employed or serves in such a capacity or for 2 years following the termination of his
17or her employment with the department after having served in such a capacity, do
18any of the following:
AB40-ASA1,2256 19Section 2256. Chapter 564 of the statutes is repealed.
AB40-ASA1,2257 20Section 2257. 565.01 (4n) of the statutes is created to read:
AB40-ASA1,1181,2121 565.01 (4n) "Personal representative" has the meaning given in s. 851.23.
AB40-ASA1,2258 22Section 2258. 565.05 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,1181,2523 565.05 (1) (intro.) No employee in the lottery division of the department or the
24executive assistant or
the secretary or, deputy secretary, or assistant deputy
25secretary
of revenue may do any of the following:
AB40-ASA1,2259
1Section 2259. 565.05 (1) (a) of the statutes is amended to read:
AB40-ASA1,1182,52 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any
3vendor while serving as an employee in the lottery division of the department or as
4the executive assistant or
as secretary or, deputy secretary, or assistant deputy
5secretary
of revenue or for 2 years following the person's termination of service.
AB40-ASA1,2260 6Section 2260. 565.17 (5) (a) of the statutes is amended to read:
AB40-ASA1,1182,107 565.17 (5) (a) No employee in the lottery division of the department or the
8executive assistant or
the secretary or, deputy secretary, or assistant deputy
9secretary
of revenue and no member of such a person's immediate family, as defined
10in s. 19.42 (7), may purchase a lottery ticket or lottery share.
AB40-ASA1,2261 11Section 2261. 565.30 (1) of the statutes is renumbered 565.30 (1) (a) and
12amended to read:
AB40-ASA1,1182,1813 565.30 (1) (a) The administrator shall direct the payment of a prize, in the form
14elected under s. 565.28, if applicable, to the holder of the winning lottery ticket or
15lottery share or to a person designated under sub. (2), except that a prize may be paid
16to another person under a court order or, upon the death of a prize winner, any prize
17money that has not been paid shall be paid
to the prize winner's estate of a deceased
18prize winner
.
AB40-ASA1,1182,22 19(e) The department, administrator, state and any contractor for materials,
20equipment or services of the game in which the prize is won are discharged of all
21liability upon payment of the prize to the holder of a winning lottery ticket or lottery
22share.
AB40-ASA1,2262 23Section 2262. 565.30 (1) (b) of the statutes is created to read:
AB40-ASA1,1183,524 565.30 (1) (b) If prize money, other than prize money from a multijurisdictional
25lottery, is being paid in the form of an annuity to a person at the time of his or her

1death, and if the personal representative of the deceased person's estate petitions the
2administrator within 18 months after the effective date of this paragraph .... [LRB
3inserts date], or within 18 months after the date of death of the person, whichever
4is later, to have the remaining prize money paid in the form of a lump sum, the
5administrator shall direct that the payment be made as a lump sum.
AB40-ASA1,2263 6Section 2263. 565.30 (1) (c) of the statutes is created to read:
AB40-ASA1,1183,137 565.30 (1) (c) If prize money, other than prize money from a multijurisdictional
8lottery, is being paid in the form of an annuity to a person, other than a prize winner,
9and if the person petitions the administrator within 18 months after the effective
10date of this paragraph .... [LRB inserts date], or within 18 months after the date of
11the receipt of the first annuity payment by the person, whichever is later, to have the
12remaining prize money paid in the form of a lump sum, the administrator shall direct
13that the payment be made in a lump sum.
AB40-ASA1,2264 14Section 2264. 565.30 (1) (d) of the statutes is created to read:
AB40-ASA1,1183,1615 565.30 (1) (d) The administrator shall establish a procedure for submitting
16petitions under pars. (b) and (c).
AB40-ASA1,2264d 17Section 2264d. 601.31 (1) (n) of the statutes is amended to read:
AB40-ASA1,1183,2118 601.31 (1) (n) For appointing, or renewing an appointment of, an agent under
19s. 628.11, $16 annually for resident agents or $50 $40 annually for nonresident
20agents, unless the commissioner sets a higher fee by rule, to be paid at times and
21under procedures set by the commissioner.
AB40-ASA1,2264L 22Section 2264L. 601.31 (1) (nm) of the statutes is created to read:
AB40-ASA1,1183,2423 601.31 (1) (nm) For issuing a license as an individual navigator under s. 628.92
24(1), unless the commissioner specifies a different amount by rule:
AB40-ASA1,1183,2525 1. Initial issuance, $75.
AB40-ASA1,1184,1
12. Annual renewal, $35.
AB40-ASA1,2264p 2Section 2264p. 601.31 (1) (np) of the statutes is created to read:
AB40-ASA1,1184,43 601.31 (1) (np) For registering as a navigator entity under s. 628.92 (2), unless
4the commissioner specifies a different amount by rule:
AB40-ASA1,1184,55 1. Initial registration, $100.
AB40-ASA1,1184,66 2. Annual renewal, $100.
AB40-ASA1,2264s 7Section 2264s. 601.41 (1) of the statutes is amended to read:
AB40-ASA1,1184,118 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to
9655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g), and
10149.13
and shall act as promptly as possible under the circumstances on all matters
11placed before the commissioner.
AB40-ASA1,2265 12Section 2265. 601.415 (10) of the statutes is amended to read:
AB40-ASA1,1184,1413 601.415 (10) Petroleum product storage remedial action program rules.
14The commissioner shall promulgate the rules required under s. 101.143 292.63 (1m).
AB40-ASA1,2265ab 15Section 2265ab. 601.415 (12) of the statutes is amended to read:
AB40-ASA1,1184,1816 601.415 (12) Health Insurance Risk-Sharing Plan. The commissioner shall
17perform the duties specified to be performed by the commissioner in s. 149.13, 2011
18stats., and under 2013 Wisconsin Act .... (this act), Section 9122 (1L) (b) 8
.
AB40-ASA1,2265ag 19Section 2265ag. 601.64 (1) of the statutes is amended to read:
AB40-ASA1,1184,2520 601.64 (1) Injunctions and restraining orders. The commissioner may
21commence an action in circuit court in the name of the state to restrain by temporary
22or permanent injunction or by temporary restraining order any violation of chs. 600
23to 655 or s. 149.13, 2011 stats., any rule promulgated under chs. 600 to 655, or any
24order issued under s. 601.41 (4). The commissioner need not show irreparable harm
25or lack of an adequate remedy at law in an action commenced under this subsection.
AB40-ASA1,2265b
1Section 2265b. 601.64 (3) (a) of the statutes is amended to read:
AB40-ASA1,1185,52 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order
3issued under s. 601.41 (4), any insurance statute or rule, or s. 149.13 , 2011 stats.,
4shall forfeit to the state twice the amount of any profit gained from the violation, in
5addition to any other forfeiture or penalty imposed.
AB40-ASA1,2265be 6Section 2265be. 601.64 (3) (c) of the statutes is amended to read:
AB40-ASA1,1185,137 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an
8insurance statute or rule or s. 149.13, 2011 stats., intentionally aids a person in
9violating an insurance statute or rule or s. 149.13, 2011 stats., or knowingly permits
10a person over whom he or she has authority to violate an insurance statute or rule
11or s. 149.13, 2011 stats., shall forfeit to the state not more than $1,000 for each
12violation. If the statute or rule imposes a duty to make a report to the commissioner,
13each week of delay in complying with the duty is a new violation.
AB40-ASA1,2265bg 14Section 2265bg. 601.64 (4) of the statutes is amended to read:
AB40-ASA1,1185,2015 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally
16permits any person over whom he or she has authority to violate or intentionally aids
17any person in violating any insurance statute or rule of this state, s. 149.13, 2011
18stats.
, or any effective order issued under s. 601.41 (4) is guilty of a Class I felony,
19unless a specific penalty is provided elsewhere in the statutes. Intent has the
20meaning expressed under s. 939.23.
AB40-ASA1,2265c 21Section 2265c. 613.03 (4) of the statutes is repealed.
AB40-ASA1,2265ce 22Section 2265ce. 628.02 (1) (b) 10. of the statutes is created to read:
AB40-ASA1,1185,2423 628.02 (1) (b) 10. A person who is licensed under s. 440.282 (1) or (2) and is
24acting within the scope of that license.
AB40-ASA1,2265cm 25Section 2265cm. 628.095 (title) of the statutes is amended to read:
AB40-ASA1,1186,2
1628.095 (title) Social security and federal employer identification
2numbers on
license applications or at time of fee payment.
AB40-ASA1,2265d 3Section 2265d. 628.095 (1) of the statutes is amended to read:
AB40-ASA1,1186,84 628.095 (1) Required on applications. An application for a license issued
5under this subchapter or subch. V, or for registration under s. 628.92 (2), shall
6contain the applicant's social security number, if the applicant is a natural person
7unless the applicant does not have a social security number, or the applicant's federal
8employer identification number, if the applicant is not a natural person.
AB40-ASA1,2265dg 9Section 2265dg. 628.095 (2) of the statutes is amended to read:
AB40-ASA1,1186,1510 628.095 (2) Refusal to issue license or register. The commissioner may not
11issue a license, including a temporary license, under this subchapter or subch. V, or
12register a navigator entity under subch. V,
unless the applicant provides his or her
13social security number, if the applicant is a natural person unless the applicant does
14not have a social security number, or provides the applicant's federal tax
15identification number, if the applicant is not a natural person.
AB40-ASA1,2265dr 16Section 2265dr. 628.095 (3) of the statutes is amended to read:
AB40-ASA1,1186,2417 628.095 (3) Required when annual fee paid. At the time that the annual fee
18is paid under s. 601.31 (1) (m), (nm) 2., or (np) 2., an intermediary or navigator who
19is a natural person shall provide his or her social security number unless the
20intermediary does not have a social security number, and an intermediary or
21navigator
that is not a natural person shall provide its federal employer
22identification number, if the social security number or federal employer
23identification number was not provided on the application for the license or
24registration
or previously when the annual fee was paid.
AB40-ASA1,2265e 25Section 2265e. 628.095 (5) of the statutes is amended to read:
AB40-ASA1,1187,11
1628.095 (5) If applicant or intermediary or navigator has no social security
2number.
If an applicant who is a natural person does not have a social security
3number, the applicant shall provide to the commissioner, along with the application
4for a license and on a form prescribed by the department of children and families, a
5statement made or subscribed under oath or affirmation that the applicant does not
6have a social security number. If an intermediary or navigator who is a natural
7person does not have a social security number, the intermediary or navigator shall
8provide to the commissioner, each time that the annual fee is paid under s. 601.31
9(1) (m) or (nm) 2. and on a form prescribed by the department of children and families,
10a statement made or subscribed under oath or affirmation that the applicant
11intermediary or navigator does not have a social security number.
AB40-ASA1,2265er 12Section 2265er. 628.097 (1m) of the statutes is amended to read:
AB40-ASA1,1187,2213 628.097 (1m) For failure to pay support or to comply with subpoena or
14warrant.
The commissioner shall refuse to issue to a natural person a license,
15including a temporary license, under this subchapter or subch. V if the natural
16person is delinquent in court-ordered payments of child or family support,
17maintenance, birth expenses, medical expenses, or other expenses related to the
18support of a child or former spouse, or if the natural person fails to comply, after
19appropriate notice, with a subpoena or warrant issued by the department of children
20and families or a county child support agency under s. 59.53 (5) and related to
21paternity or child support proceedings, as provided in a memorandum of
22understanding entered into under s. 49.857.
AB40-ASA1,2265ez 23Section 2265ez. 628.097 (2m) of the statutes is amended to read:
AB40-ASA1,1188,324 628.097 (2m) For liability for delinquent taxes. The commissioner shall
25refuse to issue a license, including a temporary license, under this subchapter or

1subch. V, or to register a navigator entity under subch. V,
if the department of
2revenue certifies under s. 73.0301 that the applicant for the license or registration
3is liable for delinquent taxes.
AB40-ASA1,2265f 4Section 2265f. 628.10 (1) of the statutes is amended to read:
AB40-ASA1,1188,95 628.10 (1) General. An intermediary's license issued under s. 628.04, or an
6individual navigator's license issued under s. 628.92 (1),
remains in force until it is
7revoked or limited under sub. (2), until it is suspended under sub. (2) or s. 227.51 (3),
8until it is surrendered, or until the licensee dies or is in this state adjudicated
9incompetent.
AB40-ASA1,2265fm 10Section 2265fm. 628.10 (2) (a) of the statutes is amended to read:
AB40-ASA1,1188,2111 628.10 (2) (a) For failure to comply with continuing education or annual
12training
requirements. The license of any intermediary or individual navigator who
13fails to produce evidence of compliance with continuing education standards set by
14the commissioner or with annual training requirements is revoked, effective on the
15date on which the evidence of compliance is due. At least 60 days before that date,
16the commissioner shall send by 1st class mail to the intermediary's or navigator's
17address that is on file with the commissioner notice of the date by which the evidence
18of compliance is due and that the intermediary's or navigator's license will be revoked
19if the evidence is not received by that date. An intermediary or navigator whose
20license is revoked under this paragraph may have his or her license reinstated, or
21may be relicensed, as provided in sub. (5).
AB40-ASA1,2265g 22Section 2265g. 628.10 (2) (am) of the statutes is amended to read:
AB40-ASA1,1189,623 628.10 (2) (am) Nonpayment of fees. The license of an intermediary or
24individual navigator
who fails to pay a fee when due is revoked, effective on the date
25on which the fee is due. At least 60 days before that date, the commissioner shall send

1by 1st class mail to the intermediary's or navigator's address that is on file with the
2commissioner notice of the date by which the fee is due and that the intermediary's
3or navigator's license will be revoked if timely payment is not made. An intermediary
4who is a natural person, or an individual navigator, whose license is revoked under
5this paragraph may have his or her license reinstated, or may be relicensed, as
6provided in sub. (5).
AB40-ASA1,2265gm 7Section 2265gm. 628.10 (2) (b) of the statutes is amended to read:
AB40-ASA1,1189,178 628.10 (2) (b) For other reasons. Except as provided in pars. (c) to (d), after a
9hearing, the commissioner may revoke, suspend, or limit in whole or in part the
10license of any intermediary or individual navigator if the commissioner finds that the
11licensee is unqualified as an intermediary or navigator, is not of good character, or
12has repeatedly or knowingly violated an insurance statute or rule or a valid order of
13the commissioner under s. 601.41 (4), or if the intermediary's or navigator's methods
14and practices in the conduct of business endanger, or financial resources are
15inadequate to safeguard, the legitimate interests of customers and the public.
16Nothing in this paragraph limits the authority of the commissioner to suspend
17summarily an intermediary's or individual navigator's license under s. 227.51 (3).
AB40-ASA1,2265h 18Section 2265h. 628.10 (2) (c) of the statutes is amended to read:
AB40-ASA1,1190,819 628.10 (2) (c) For failure to pay support or to comply with subpoena or warrant.
20The commissioner shall suspend or limit the license of an intermediary who is a
21natural person, the license of an individual navigator, or a temporary license of a
22natural person under s. 628.09, if the natural person is delinquent in court-ordered
23payments of child or family support, maintenance, birth expenses, medical expenses,
24or other expenses related to the support of a child or former spouse, or if the natural
25person fails to comply, after appropriate notice, with a subpoena or warrant issued

1by the department of children and families or a county child support agency under
2s. 59.53 (5) and related to paternity or child support proceedings, as provided in a
3memorandum of understanding entered into under s. 49.857. A natural person
4whose license or temporary license is suspended under this paragraph who satisfies
5the requirements under this paragraph for which the license was suspended may
6have his or her license or temporary license reinstated by satisfactorily completing
7a reinstatement application and paying the application fee for original licensure as
8specified by rule.
AB40-ASA1,2265hm 9Section 2265hm. 628.10 (2) (cm) of the statutes is amended to read:
AB40-ASA1,1190,1610 628.10 (2) (cm) For liability for delinquent taxes. The commissioner shall
11revoke the license of an intermediary or individual navigator, including a temporary
12license under s. 628.09, if the department of revenue certifies under s. 73.0301 that
13the intermediary or navigator is liable for delinquent taxes. An intermediary who
14is a natural person, or an individual navigator, whose license is revoked under this
15paragraph may have his or her license reinstated, or may be relicensed, as provided
16in sub. (5).
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