SB40-ASA1,1495,139
601.32
(1) If the moneys credited to s. 20.145 (1) (g)
1. under other sections of
10the statutes prove inadequate for the office's supervision of insurance industry
11program, the commissioner may increase any or all of the fees imposed by s. 601.31,
12or may in any year levy a special assessment on all domestic insurers, or both, for the
13general operation of that program.
SB40-ASA1,1495,1815
601.415
(8) Long-Term Care Partnership Program. The commissioner shall
16provide the certifications required under s. 49.45 (31) (b) 5. and shall cooperate with
17the department of health and family services in developing the training program
18under s. 49.45 (31) (c) for agents who sell long-term care insurance policies.
SB40-ASA1,1495,2520
601.45
(3) Deposit. The commissioner may require any examinee, before or
21from time to time during an examination, to deposit with the secretary of
22administration such deposits as the commissioner deems necessary to pay the costs
23of the examination. Any deposit and any payment made under subs. (1) and (2) shall
24be credited to the appropriation
account under s. 20.145 (1) (g)
1. in the percentage
25specified in that
paragraph subdivision.
SB40-ASA1,1496,82
601.45
(4) Exemptions. On the examinee's request or on the commissioner's
3own motion, the commissioner may pay all or part of the costs of an examination from
4the appropriation under s. 20.145 (1) (g)
1., whenever the commissioner finds that
5because of the frequency of examinations or other factors, imposition of the costs
6would place an unreasonable burden on the examinee. The commissioner shall
7include in his or her annual report information about any instance in which the
8commissioner applied this subsection.
SB40-ASA1,1496,1310
601.47
(1) General. The commissioner may prepare books, pamphlets
, and
11other publications relating to insurance and sell them in the manner and at the
12prices the commissioner determines. The cost of publication and distribution may
13be paid from the appropriation under s. 20.145 (1) (g)
1.
SB40-ASA1,1496,1815
601.47
(3) Free distribution. The commissioner may furnish free copies of the
16publications prepared under subs. (1) and (2) to public officers and libraries in this
17state and elsewhere. The cost of free distribution shall be charged to the
18appropriation under s. 20.145 (1) (g)
1.
SB40-ASA1,1497,220
601.48
(1) National Association of Insurance Commissioners. The
21commissioner and the office of the commissioner shall maintain close relations with
22the commissioners of other states and shall participate in the activities and affairs
23of the National Association of Insurance Commissioners and other organizations so
24far as it will, in the judgment of the commissioner, enhance the purposes of chs. 600
1to 655. The actual and necessary expenses incurred thereby shall be reimbursed out
2of the appropriation under s. 20.145 (1) (g)
1.
SB40-ASA1,1497,94
601.62
(4) Fees in investigations and hearings. The fees for stenographic
5services in investigations, examinations, and hearings may not exceed the sum
6provided for like services in the circuit court. The fees of officers, witnesses,
7interpreters, and stenographers on behalf of the commissioner or the state shall be
8paid by the secretary of administration, authorized by the certificate of the
9commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g)
1.
SB40-ASA1,1497,2111
604.04
(3) Expenses. No full-time state officer or employee may receive
12additional compensation for services under chs. 604 to 607. Appropriate portions of
13the salaries of such persons who do work for the funds or supervise them, and other
14expenses including reasonable charges for state-owned or state-rented office space
15and the use of state-owned or state-rented office equipment shall be charged against
16each fund.
Each fund shall pay to the commissioner amounts charged for
17organizational support services, which shall be credited to the appropriation account
18under s. 20.145 (1) (g) 2. Each fund shall also be charged a sum equivalent to the state
19premium tax that would be paid by a domestic mutual insurer organized or operating
20under ch. 611 and doing the same kind of insurance business, except that no such
21charge shall be made for the insurance of governmental units.
SB40-ASA1,1498,223
628.095
(4) (a) The commissioner shall disclose a social security number
24obtained under sub. (1) or (3) to the department of
workforce development children
1and families in the administration of s. 49.22, as provided in a memorandum of
2understanding entered into under s. 49.857.
SB40-ASA1,1498,144
628.095
(5) If applicant or intermediary has no social security number. If an
5applicant who is a natural person does not have a social security number, the
6applicant shall provide to the commissioner, along with the application for a license
7and on a form prescribed by the department of
workforce development children and
8families, a statement made or subscribed under oath or affirmation that the
9applicant does not have a social security number. If an intermediary who is a natural
10person does not have a social security number, the intermediary shall provide to the
11commissioner, each time that the annual fee is paid under s. 601.31 (1) (m) and on
12a form prescribed by the department of
workforce development children and
13families, a statement made or subscribed under oath or affirmation that the
14applicant does not have a social security number.
SB40-ASA1,1498,2516
628.097
(1m) For failure to pay support or to comply with subpoena or
17warrant. The commissioner shall refuse to issue to a natural person a license,
18including a temporary license, under this subchapter if the natural person is
19delinquent in court-ordered payments of child or family support, maintenance, birth
20expenses, medical expenses or other expenses related to the support of a child or
21former spouse, or if the natural person fails to comply, after appropriate notice, with
22a subpoena or warrant issued by the department of
workforce development children
23and families or a county child support agency under s. 59.53 (5) and related to
24paternity or child support proceedings, as provided in a memorandum of
25understanding entered into under s. 49.857.
SB40-ASA1,1499,112
628.10
(2) (c)
For failure to pay support or to comply with subpoena or warrant. 3The commissioner shall suspend or limit the license of an intermediary who is a
4natural person, or a temporary license of a natural person under s. 628.09, if the
5natural person is delinquent in court-ordered payments of child or family support,
6maintenance, birth expenses, medical expenses or other expenses related to the
7support of a child or former spouse, or if the natural person fails to comply, after
8appropriate notice, with a subpoena or warrant issued by the department of
9workforce development children and families or a county child support agency under
10s. 59.53 (5) and related to paternity or child support proceedings, as provided in a
11memorandum of understanding entered into under s. 49.857.
SB40-ASA1,1499,18
13628.348 Sale of long-term care insurance. (1) Training requirement. No
14person may solicit, negotiate, or sell long-term care insurance unless the person is
15a licensed intermediary and he or she completes the initial training portion of the
16training program under s. 49.45 (31) (c) by January 1, 2009, and completes the
17ongoing training under s. 49.45 (31) (c) every 24 months after completing the initial
18training.
SB40-ASA1,1499,20
19(2) Insurer verification. Insurers providing long-term care insurance shall
20do all of the following:
SB40-ASA1,1499,2321
(a) Obtain from intermediaries selling long-term care insurance on behalf of
22the insurer verification that the intermediary is in compliance with the training
23requirements under sub. (1).
SB40-ASA1,1499,2424
(b) Maintain records related to the verifications obtained under par. (a).
SB40-ASA1,1499,2525
(c) Make the records under par. (b) available to the commissioner upon request.
SB40-ASA1,1500,62
632.48
(3) Notice of changes. An insurer that receives a request from the
3department of health and family services under s. 49.47 (4) (cr) 2. for notification
4shall comply with the request and notify the department of any changes to or
5payments made under the annuity contract to which the request for notification
6relates.
SB40-ASA1,1500,118
632.68
(2) (b) 3m. If a natural person who does not have a social security
9number, provides on a form prescribed by the department of
workforce development 10children and families a statement made or subscribed under oath or affirmation that
11the applicant does not have a social security number.
SB40-ASA1,1500,1613
632.68
(2) (bc) 1. The commissioner shall disclose a social security number
14obtained under par. (b) to the department of
workforce development children and
15families in the administration of s. 49.22, as provided in a memorandum of
16understanding entered into under s. 49.857.
SB40-ASA1,1501,218
632.68
(2) (bm) 1. Notwithstanding par. (b), the commissioner may not issue
19a license under this subsection to a natural person who is delinquent in
20court-ordered payments of child or family support, maintenance, birth expenses,
21medical expenses or other expenses related to the support of a child or former spouse,
22or who fails to comply, after appropriate notice, with a subpoena or warrant issued
23by the department of
workforce development children and families or a county child
24support agency under s. 59.53 (5) and related to paternity or child support
1proceedings, as provided in a memorandum of understanding entered into under s.
249.857.
SB40-ASA1,1501,144
632.68
(2) (e) Except as provided in sub. (3), a license issued under this
5subsection shall be renewed annually on July 1 upon payment of the fee specified in
6s. 601.31 (1) (mp) and upon providing the licensee's social security number, unless
7the licensee does not have a social security number, or federal employer
8identification number, as applicable, if not previously provided on the application for
9the license or at a previous renewal of the license. If the licensee is a natural person
10who does not have a social security number, the license shall be renewed annually
11on July 1 upon payment of the fee specified in s. 601.31 (1) (mp) and upon providing
12to the commissioner a statement made or subscribed under oath or affirmation, on
13a form prescribed by the department of
workforce development children and
14families, that the licensee does not have a social security number.
SB40-ASA1,1501,2416
632.68
(3) (b) 1. The commissioner shall suspend, limit or refuse to renew a
17viatical settlement provider license issued to a natural person if the natural person
18is delinquent in court-ordered payments of child or family support, maintenance,
19birth expenses, medical expenses or other expenses related to the support of a child
20or former spouse, or if the natural person fails to comply, after appropriate notice,
21with a subpoena or warrant issued by the department of
workforce development 22children and families or a county child support agency under s. 59.53 (5) and related
23to paternity or child support proceedings, as provided in a memorandum of
24understanding entered into under s. 49.857.
SB40-ASA1,1502,15
1632.68
(4) (b) A person may apply to the commissioner for a viatical settlement
2broker license on a form prescribed by the commissioner for that purpose. The
3application form shall require the applicant to provide the applicant's social security
4number, if the applicant is a natural person unless the applicant does not have a
5social security number, or the applicant's federal employer identification number, if
6the applicant is not a natural person. The fee specified in s. 601.31 (1) (mr) shall
7accompany the application. The commissioner may not issue a license under this
8subsection unless the applicant provides his or her social security number, unless the
9applicant does not have a social security number, or its federal employer
10identification number, whichever is applicable. If the applicant is a natural person
11who does not have a social security number, the commissioner may not issue a license
12under this subsection unless the applicant provides, on a form prescribed by the
13department of
workforce development children and families, a statement made or
14subscribed under oath or affirmation that the applicant does not have a social
15security number.
SB40-ASA1,1502,2017
632.68
(4) (bc) 1. The commissioner shall disclose a social security number
18obtained under par. (b) to the department of
workforce development children and
19families in the administration of s. 49.22, as provided in a memorandum of
20understanding entered into under s. 49.857.
SB40-ASA1,1503,422
632.68
(4) (bm) 1. The commissioner may not issue a license under this
23subsection to a natural person who is delinquent in court-ordered payments of child
24or family support, maintenance, birth expenses, medical expenses or other expenses
25related to the support of a child or former spouse, or who fails to comply, after
1appropriate notice, with a subpoena or warrant issued by the department of
2workforce development children and families or a county child support agency under
3s. 59.53 (5) and related to paternity or child support proceedings, as provided in a
4memorandum of understanding entered into under s. 49.857.
SB40-ASA1,1503,166
632.68
(4) (c) Except as provided in sub. (5), a license issued under this
7subsection shall be renewed annually on July 1 upon payment of the fee specified in
8s. 601.31 (1) (ms) and upon providing the licensee's social security number, unless the
9licensee does not have a social security number, or federal employer identification
10number, as applicable, if not previously provided on the application for the license
11or at a previous renewal of the license. If the licensee is a natural person who does
12not have a social security number, the license shall be renewed annually, except as
13provided in sub. (5), on July 1 upon payment of the fee specified in s. 601.31 (1) (ms)
14and upon providing to the commissioner a statement made or subscribed under oath
15or affirmation, on a form prescribed by the department of
workforce development 16children and families, that the licensee does not have a social security number.
SB40-ASA1,1504,218
632.68
(5) (b) 1. The commissioner shall suspend, limit or refuse to renew a
19viatical settlement broker license issued to a natural person if the natural person is
20delinquent in court-ordered payments of child or family support, maintenance, birth
21expenses, medical expenses or other expenses related to the support of a child or
22former spouse, or if the natural person fails to comply, after appropriate notice, with
23a subpoena or warrant issued by the department of
workforce development children
24and families or a county child support agency under s. 59.53 (5) and related to
1paternity or child support proceedings, as provided in a memorandum of
2understanding entered into under s. 49.857.
SB40-ASA1,1504,44
632.745
(6) (a) 2m. A
family long-term care district under s. 46.2895.
SB40-ASA1,1504,86
632.746
(7m) (b) 1. The employee or dependent is eligible for benefits under the
7Medical Assistance program under s.
49.471 or 49.472 or for coverage under the
8Badger Care health care program under s. 49.665.
SB40-ASA1, s. 2814
9Section
2814. 632.897 (10) (am) 2. of the statutes is amended to read:
SB40-ASA1,1504,1310
632.897
(10) (am) 2. Provide family coverage under the group policy or
11individual policy for the individual's child, if eligible for coverage, upon application
12by the individual, the child's other parent, the department of
workforce development 13children and families or the county child support agency under s. 59.53 (5).
SB40-ASA1,1504,1815
633.14
(1) (e) If an individual who does not have a social security number,
16provides on a form prescribed by the department of
workforce development children
17and families a statement made or subscribed under oath or affirmation that he or she
18does not have a social security number.
SB40-ASA1,1504,2320
633.14
(2c) (a) The commissioner shall disclose a social security number
21obtained under sub. (1) (d) to the department of
workforce development children and
22families in the administration of s. 49.22, as provided in a memorandum of
23understanding entered into under s. 49.857.
SB40-ASA1,1505,9
1633.14
(2m) (a) Notwithstanding sub. (1), the commissioner may not issue a
2license under this section if the individual applying for the license is delinquent in
3court-ordered payments of child or family support, maintenance, birth expenses,
4medical expenses or other expenses related to the support of a child or former spouse,
5or if the individual fails to comply, after appropriate notice, with a subpoena or
6warrant issued by the department of
workforce development children and families 7or a county child support agency under s. 59.53 (5) and related to paternity or child
8support proceedings, as provided in a memorandum of understanding entered into
9under s. 49.857.
SB40-ASA1,1505,2211
633.15
(1m) Social security number, federal employer identification
12number or statement. At an annual renewal, an administrator shall provide his or
13her social security number, if the administrator is an individual unless he or she does
14not have a social security number, or its federal employer identification number, if
15the administrator is a corporation, limited liability company or partnership, if the
16social security number or federal employer identification number was not previously
17provided on the application for the license or at a previous renewal of the license. If
18an administrator who is an individual does not have a social security number, the
19individual shall provide to the commissioner, at each annual renewal and on a form
20prescribed by the department of
workforce development
children and families, a
21statement made or subscribed under oath or affirmation that the administrator does
22not have a social security number.
SB40-ASA1,1506,824
633.15
(2) (c)
Failure to pay support or to comply with subpoena or warrant. 25The commissioner shall suspend, limit or refuse to renew a license issued under this
1section to an individual if the individual is delinquent in court-ordered payments of
2child or family support, maintenance, birth expenses, medical expenses or other
3expenses related to the support of a child or former spouse, or if the individual fails
4to comply, after appropriate notice, with a subpoena or warrant issued by the
5department of
workforce development children and families or a county child
6support agency under s. 59.53 (5) and related to paternity or child support
7proceedings, as provided in a memorandum of understanding entered into under s.
849.857.
SB40-ASA1,1506,1810
645.09
(2) (a)
Causes of delinquency. The commissioner may include in his or
11her annual report, not later than the 2nd annual report following the initiation of any
12formal proceedings under this chapter, a detailed analysis of the basic causes and the
13contributing factors making the initiation of formal proceedings necessary, and may
14make recommendations for remedial legislation. For this purpose the commissioner
15may appoint a special assistant qualified in insurance, finance
, and accounting to
16conduct the study and prepare the analysis, and may determine the special
17assistant's compensation, which shall be paid from the appropriation under s. 20.145
18(1) (g)
1.
SB40-ASA1,1507,320
645.09
(2) (b)
Final study. The commissioner may include in his or her annual
21report, not later than the 2nd annual report following discharge of the receiver, a
22detailed study of the delinquency proceeding for each insurer subjected to a formal
23proceeding, with an analysis of the problems faced and their solutions. The
24commissioner may also suggest alternative solutions, as well as other material of
25interest, for the purpose of assisting and guiding liquidators or rehabilitators in the
1future. For this purpose the commissioner may appoint a special assistant qualified
2to conduct the study and prepare the analysis, and may determine his or her
3compensation, which shall be paid from the appropriation under s. 20.145 (1) (g)
1.
SB40-ASA1,1507,115
645.46
(4) Defray all expenses of taking possession of, conserving, conducting,
6liquidating, disposing of
, or otherwise dealing with the business and property of the
7insurer. If the property of the insurer does not contain sufficient cash or liquid assets
8to defray the costs incurred, the liquidator may advance the costs so incurred out of
9the appropriation under s. 20.145 (1) (g)
1. Any amounts so paid shall be deemed
10expense of administration and shall be repaid for the credit of the office of the
11commissioner of insurance out of the first available moneys of the insurer.
SB40-ASA1,1507,1613
647.02
(2) (g) The figure to be used by the provider as the actual or projected
14length of a resident's stay in the facility in the formula in the contract provision
15required under s. 647.05
(9) (1m) (i) and supporting information showing how the
16figure was determined.
SB40-ASA1,1507,2218
647.04
(5) Inform the commissioner of any change in the figure used by the
19provider as the actual or projected length of a resident's stay in the facility in the
20formula in the contract provision required under s. 647.05
(9) (1m) (i) within 30 days
21after the change is made and submit supporting information showing how the
22change was determined.
SB40-ASA1, s. 2825
23Section
2825. 647.05 of the statutes is renumbered 647.05 (1m), and 647.05
24(1m) (g), as renumbered, is amended to read:
SB40-ASA1,1508,4
1647.05
(1m) (g) Provides that if a resident dies or the continuing care contract
2is terminated after the first 30 days of occupancy, but within the first 90 days of
3occupancy, the provider will refund at least 90% of the amount computed under
sub.
4(6) par. (f).
SB40-ASA1,1508,86
647.05
(2m) Subject to s. 49.455, a continuing care contract may require that,
7before a resident applies for medical assistance, the resident must spend on his or
8her care the resources declared for purposes of admission to the facility.
SB40-ASA1,1508,2310
655.27
(2) Fund administration and operation. Management of the fund shall
11be vested with the board of governors. The commissioner shall either provide staff
12services necessary for the operation of the fund or, with the approval of the board of
13governors, contract for all or part of these services. Such a contract is subject to ss.
1416.753 and 16.765, but is otherwise exempt from subch. IV of ch. 16. The
15commissioner shall adopt rules governing the procedures for creating and
16implementing these contracts before entering into the contracts. At least annually,
17the contractor shall report to the commissioner and to the board of governors
18regarding all expenses incurred and subcontracting arrangements. If the board of
19governors approves, the contractor may hire legal counsel as needed to provide staff
20services. The cost of contracting for staff services shall be funded from the
21appropriation under s. 20.145 (2) (u).
The fund shall pay to the commissioner
22amounts charged for organizational support services, which shall be credited to the
23appropriation account under s. 20.145 (1) (g) 2.
SB40-ASA1, s. 2828
24Section
2828. 701.06 (5) (intro.) of the statutes is amended to read:
SB40-ASA1,1509,7
1701.06
(5) Claims for public support. (intro.) Notwithstanding any provision
2in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay
3for the public support of a beneficiary under s. 46.10
, 49.345, or 301.12 or the
4beneficiary is legally obligated to pay for the beneficiary's public support or that
5furnished the beneficiary's spouse or minor child under s. 46.10
, 49.345, or 301.12,
6upon application by the appropriate state department or county official, the court
7may:
