Amendment ASA1-AB40

AB40-ASA1,1176,2 202.22 (5) (a) Except as provided in sub. (7) (b), a professional employer organization or professional employer group that is domiciled outside this state, that is registered or licensed as a professional employer organization or professional employer group in another state, that does not maintain an office in this state or directly solicit clients that are located or domiciled in this state, and that has no more than 50 employees performing services for clients in this state on any given day may apply for small operations registration under this section by filing with submitting to the department a an application for small operations registration in a form and manner prescribed by the department and paying the initial credential registration fee determined by the department under s. 440.03 (9) (a) 202.08. An applicant that is seeking small operations registration shall, in addition to the information required under sub. (2) (a) to (e), provide the department with information and documentation showing that the applicant meets the qualifications specified in this paragraph for small operations registration.

AB40-ASA1,2241 Section 2241. 461.02 (5) (b) of the statutes is repealed.

AB40-ASA1,2242 Section 2242. 461.02 (5) (c) of the statutes is repealed.

AB40-ASA1,2243 Section 2243. 461.02 (5) (d) of the statutes is renumbered 202.22 (5) (d).

AB40-ASA1,2244 Section 2244. 461.02 (5) (e) of the statutes is renumbered 202.22 (5) (e) and amended to read:

AB40-ASA1,1176,10 202.22 (5) (e) A professional employer organization or professional employer group registered under this subsection is not required to comply with the financial capability requirement under s. 461.03 202.23.

AB40-ASA1,2245 Section 2245. 461.02 (6) of the statutes is renumbered 202.22 (6) and amended to read:

AB40-ASA1,1176,24 202.22 (6) Professional employer group registration. Except as provided in sub. (7) (b), 2 or more professional employer organizations that are part of a professional employer group may register under this section or renew a registration by providing the information required under sub. (2), (4), or (5) on a combined or consolidated basis, paying the initial credential registration or renewal fee determined by the department under s. 440.03 (9) (a) 202.08, and guaranteeing each other's obligations. If a professional employer group provides a combined or consolidated financial statement under sub. (2) (f) 1. that includes the financial condition of entities that are not part of the professional employer group, the controlling person controlling the professional employer group shall guarantee the obligations of the professional employer organizations in the professional employer group.

AB40-ASA1,2246 Section 2246. 461.02 (7) of the statutes is renumbered 202.22 (7), and 202.22 (7) (a), (b) and (c), as renumbered, are amended to read:

AB40-ASA1,1177,9 202.22 (7) (a) The department shall by rule provide for registration of a professional employer organization or professional employer group on acceptance by the department of a registration form, financial statement, or any other information or documentation required under sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 in the form of an electronic record, as defined in s. 137.11 (7) and, if a signature is required, on acceptance of an electronic signature, as defined in s. 137.11 (8).

AB40-ASA1,1177,18 (b) The department may by rule provide for registration of a professional employer organization or professional employer group without compliance with sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 on acceptance by the department of assurance, provided by a bonded, independent, and qualified assurance organization that has been approved by the department, that provides assurance satisfactory to the department that the professional employer organization or professional employer group is qualified to operate as a professional employer organization or a professional employer group in this state.

AB40-ASA1,1178,2 (c) This subsection does not limit the authority of the department to require a professional employer organization or professional employer group to register as provided in sub. (2), (4), (5), or (6), to maintain proof of financial capability as required under s. 461.03 202.23, or to comply with this chapter and the rules promulgated under s. 461.06 202.095 or 202.26; to investigate an applicant or registrant and deny registration or renewal registration under sub. (8), or to investigate an applicant, registrant. or controlling person and take disciplinary action under s. 461.05 202.06.

AB40-ASA1,2247 Section 2247. 461.02 (8) of the statutes is renumbered 202.22 (8) and amended to read:

AB40-ASA1,1178,15 202.22 (8) Issuance of registration. The department shall investigate each applicant or registrant who submits to the department an application for registration or registration renewal under this section, together with the applicable registration or registration renewal fee, to determine whether the applicant or registrant is qualified for registration or for renewal registration. Except as provided in s. 440.12 and 440.13 ss. 202.03 and 202.035, the department shall issue a registration or renewal registration if, after completing the investigation, the department determines that the applicant or registrant meets the applicable requirements under this chapter and rules promulgated under s. 461.06 202.095 or 202.26 for issuance or renewal of a registration and is satisfied that the applicant or registrant will comply with this chapter and those rules.

AB40-ASA1,2248 Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).

AB40-ASA1,2249 Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to read:

AB40-ASA1,1178,21 202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e) or (7) (b), a professional employer organization or professional employer group shall maintain one of the following:

AB40-ASA1,1179,10 (1) Working capital requirement. Working capital, as defined by generally accepted accounting principles, of not less than $100,000, as shown in the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6). If a professional employer organization or professional employer group has less than $100,000 in working capital, the department may issue a registration or renewal registration contingent on the registrant meeting the working capital requirement of this subsection no later than 180 days after the issuance of the registration or renewal registration. During the period of contingent registration, the registrant shall submit quarterly financial statements to the department accompanied by an attestation by the chief executive officer of the registrant that all wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, and other amounts that are payable to or with respect to an employee of the registrant performing services for a client were paid by the registrant when due.

AB40-ASA1,1180,6 (2) Alternative commitment. A bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 or, if the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6) indicates a deficit in working capital, a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 plus an amount that is sufficient to cover that deficit. The commitment described in this subsection shall be in a form approved by the department, shall be held in a depository designated by the department, and shall secure the payment by the professional employer organization or professional employer group of any wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, or other amounts that are payable to or with respect to an employee performing services for a client if the professional employer organization or professional employer group does not make those payments when due. The commitment shall be established in favor of or be made payable to the department, for the benefit of the state and any employee to whom or with respect to whom the professional employer organization or professional employer group does not make a payment described in this subsection when due. The professional employer organization or professional employer group shall file with the department any agreement, instrument, or other document that is necessary to enforce the commitment against the professional employer organization or professional employer group, or against any relevant 3rd party, or both.

AB40-ASA1,2250 Section 2250. 461.04 of the statutes is renumbered 202.24, and 202.24 (3), as renumbered, is amended to read:

AB40-ASA1,1180,13 202.24 (3) Licensing. Nothing in this chapter subchapter or in any contract for the provision of the nontemporary, ongoing workforce of a client may be construed to affect or impair any federal, state, or local licensing, registration, or certification requirement that is applicable to a client or to an employee performing services for a client.

AB40-ASA1,2251 Section 2251. 461.05 of the statutes is repealed.

AB40-ASA1,2252 Section 2252. 461.06 of the statutes is renumbered 202.26, and 202.26 (intro.), (1) and (3), as renumbered, are amended to read:

AB40-ASA1,1180,19 202.26 Rules. (intro.) The rules the department shall promulgate rules to promulgates under s. 202.095 that implement this chapter. Those rules subchapter shall include rules providing for all of the following:

AB40-ASA1,1180,21 (1) Alternative registration of professional employer organizations under s. 461.02 202.22 (7) (a) and (b).

AB40-ASA1,1180,23 (3) Minimum requirements for issuance or renewal of a registration under s. 461.02 202.22 (8).

AB40-ASA1,2253 Section 2253. 461.10 of the statutes is renumbered 202.29 and amended to read:

AB40-ASA1,1181,2 202.29 Short title. This chapter subchapter shall be known as the "Wisconsin Professional Employer Organizations Act."

AB40-ASA1,2254 Section 2254. 562.025 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1181,10 562.025 (1) (intro.) No employee in the division of gaming who performs any duty related to racing or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB40-ASA1,2255 Section 2255. 563.05 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,1181,18 563.05 (5) (intro.) No employee in the division of gaming who performs any duty related to bingo or raffles or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB40-ASA1,2256 Section 2256. Chapter 564 of the statutes is repealed.

AB40-ASA1,2257 Section 2257. 565.01 (4n) of the statutes is created to read:

AB40-ASA1,1181,21 565.01 (4n) "Personal representative" has the meaning given in s. 851.23.

AB40-ASA1,2258 Section 2258. 565.05 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1181,25 565.05 (1) (intro.) No employee in the lottery division of the department or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of revenue may do any of the following:

AB40-ASA1,2259 Section 2259. 565.05 (1) (a) of the statutes is amended to read:

AB40-ASA1,1182,5 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employee in the lottery division of the department or as the executive assistant or as secretary or, deputy secretary, or assistant deputy secretary of revenue or for 2 years following the person's termination of service.

AB40-ASA1,2260 Section 2260. 565.17 (5) (a) of the statutes is amended to read:

AB40-ASA1,1182,10 565.17 (5) (a) No employee in the lottery division of the department or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

AB40-ASA1,2261 Section 2261. 565.30 (1) of the statutes is renumbered 565.30 (1) (a) and amended to read:

AB40-ASA1,1182,18 565.30 (1) (a) The administrator shall direct the payment of a prize, in the form elected under s. 565.28, if applicable, to the holder of the winning lottery ticket or lottery share or to a person designated under sub. (2), except that a prize may be paid to another person under a court order or, upon the death of a prize winner, any prize money that has not been paid shall be paid to the prize winner's estate of a deceased prize winner.

AB40-ASA1,1182,22 (e) The department, administrator, state and any contractor for materials, equipment or services of the game in which the prize is won are discharged of all liability upon payment of the prize to the holder of a winning lottery ticket or lottery share.

AB40-ASA1,2262 Section 2262. 565.30 (1) (b) of the statutes is created to read:

AB40-ASA1,1183,5 565.30 (1) (b) If prize money, other than prize money from a multijurisdictional lottery, is being paid in the form of an annuity to a person at the time of his or her death, and if the personal representative of the deceased person's estate petitions the administrator within 18 months after the effective date of this paragraph .... [LRB inserts date], or within 18 months after the date of death of the person, whichever is later, to have the remaining prize money paid in the form of a lump sum, the administrator shall direct that the payment be made as a lump sum.

AB40-ASA1,2263 Section 2263. 565.30 (1) (c) of the statutes is created to read:

AB40-ASA1,1183,13 565.30 (1) (c) If prize money, other than prize money from a multijurisdictional lottery, is being paid in the form of an annuity to a person, other than a prize winner, and if the person petitions the administrator within 18 months after the effective date of this paragraph .... [LRB inserts date], or within 18 months after the date of the receipt of the first annuity payment by the person, whichever is later, to have the remaining prize money paid in the form of a lump sum, the administrator shall direct that the payment be made in a lump sum.

AB40-ASA1,2264 Section 2264. 565.30 (1) (d) of the statutes is created to read:

AB40-ASA1,1183,16 565.30 (1) (d) The administrator shall establish a procedure for submitting petitions under pars. (b) and (c).

AB40-ASA1,2264d Section 2264d. 601.31 (1) (n) of the statutes is amended to read:

AB40-ASA1,1183,21 601.31 (1) (n) For appointing, or renewing an appointment of, an agent under s. 628.11, $16 annually for resident agents or $50 $40 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner.

AB40-ASA1,2264L Section 2264L. 601.31 (1) (nm) of the statutes is created to read:

AB40-ASA1,1183,24 601.31 (1) (nm) For issuing a license as an individual navigator under s. 628.92 (1), unless the commissioner specifies a different amount by rule:

AB40-ASA1,1183,25 1. Initial issuance, $75.

AB40-ASA1,1184,1 2. Annual renewal, $35.

AB40-ASA1,2264p Section 2264p. 601.31 (1) (np) of the statutes is created to read:

AB40-ASA1,1184,4 601.31 (1) (np) For registering as a navigator entity under s. 628.92 (2), unless the commissioner specifies a different amount by rule:

AB40-ASA1,1184,5 1. Initial registration, $100.

AB40-ASA1,1184,6 2. Annual renewal, $100.

AB40-ASA1,2264s Section 2264s. 601.41 (1) of the statutes is amended to read:

AB40-ASA1,1184,11 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g), and 149.13 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB40-ASA1,2265 Section 2265. 601.415 (10) of the statutes is amended to read:

AB40-ASA1,1184,14 601.415 (10) Petroleum product storage remedial action program rules. The commissioner shall promulgate the rules required under s. 101.143 292.63 (1m).

AB40-ASA1,2265ab Section 2265ab. 601.415 (12) of the statutes is amended to read:

AB40-ASA1,1184,18 601.415 (12) Health Insurance Risk-Sharing Plan. The commissioner shall perform the duties specified to be performed by the commissioner in s. 149.13, 2011 stats., and under 2013 Wisconsin Act .... (this act), Section 9122 (1L) (b) 8.

AB40-ASA1,2265ag Section 2265ag. 601.64 (1) of the statutes is amended to read:

AB40-ASA1,1184,25 601.64 (1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655 or s. 149.13, 2011 stats., any rule promulgated under chs. 600 to 655, or any order issued under s. 601.41 (4). The commissioner need not show irreparable harm or lack of an adequate remedy at law in an action commenced under this subsection.

AB40-ASA1,2265b Section 2265b. 601.64 (3) (a) of the statutes is amended to read:

AB40-ASA1,1185,5 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order issued under s. 601.41 (4), any insurance statute or rule, or s. 149.13 , 2011 stats., shall forfeit to the state twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty imposed.

AB40-ASA1,2265be Section 2265be. 601.64 (3) (c) of the statutes is amended to read:

AB40-ASA1,1185,13 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule or s. 149.13, 2011 stats., intentionally aids a person in violating an insurance statute or rule or s. 149.13, 2011 stats., or knowingly permits a person over whom he or she has authority to violate an insurance statute or rule or s. 149.13, 2011 stats., shall forfeit to the state not more than $1,000 for each violation. If the statute or rule imposes a duty to make a report to the commissioner, each week of delay in complying with the duty is a new violation.

AB40-ASA1,2265bg Section 2265bg. 601.64 (4) of the statutes is amended to read:

AB40-ASA1,1185,20 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13, 2011 stats., or any effective order issued under s. 601.41 (4) is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes. Intent has the meaning expressed under s. 939.23.

AB40-ASA1,2265c Section 2265c. 613.03 (4) of the statutes is repealed.

AB40-ASA1,2265ce Section 2265ce. 628.02 (1) (b) 10. of the statutes is created to read:

AB40-ASA1,1185,24 628.02 (1) (b) 10. A person who is licensed under s. 440.282 (1) or (2) and is acting within the scope of that license.

AB40-ASA1,2265cm Section 2265cm. 628.095 (title) of the statutes is amended to read:

AB40-ASA1,1186,2 628.095 (title) Social security and federal employer identification numbers on license applications or at time of fee payment.

AB40-ASA1,2265d Section 2265d. 628.095 (1) of the statutes is amended to read:

AB40-ASA1,1186,8 628.095 (1) Required on applications. An application for a license issued under this subchapter or subch. V, or for registration under s. 628.92 (2), shall contain the applicant's social security number, if the applicant is a natural person unless the applicant does not have a social security number, or the applicant's federal employer identification number, if the applicant is not a natural person.

AB40-ASA1,2265dg Section 2265dg. 628.095 (2) of the statutes is amended to read:

AB40-ASA1,1186,15 628.095 (2) Refusal to issue license or register. The commissioner may not issue a license, including a temporary license, under this subchapter or subch. V, or register a navigator entity under subch. V, unless the applicant provides his or her social security number, if the applicant is a natural person unless the applicant does not have a social security number, or provides the applicant's federal tax identification number, if the applicant is not a natural person.

AB40-ASA1,2265dr Section 2265dr. 628.095 (3) of the statutes is amended to read:

AB40-ASA1,1186,24 628.095 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), (nm) 2., or (np) 2., an intermediary or navigator who is a natural person shall provide his or her social security number unless the intermediary does not have a social security number, and an intermediary or navigator 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 registration or previously when the annual fee was paid.

AB40-ASA1,2265e Section 2265e. 628.095 (5) of the statutes is amended to read:

AB40-ASA1,1187,11 628.095 (5) If applicant or intermediary or navigator has no social security number. If an applicant who is a natural person does not have a social security number, the applicant shall provide to the commissioner, along with the application for a license and on a form prescribed by the department of children and families, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. If an intermediary or navigator who is a natural person does not have a social security number, the intermediary or navigator shall provide to the commissioner, each time that the annual fee is paid under s. 601.31 (1) (m) or (nm) 2. and on a form prescribed by the department of children and families, a statement made or subscribed under oath or affirmation that the applicant intermediary or navigator does not have a social security number.

AB40-ASA1,2265er Section 2265er. 628.097 (1m) of the statutes is amended to read:

AB40-ASA1,1187,22 628.097 (1m) For failure to pay support or to comply with subpoena or warrant. The commissioner shall refuse to issue to a natural person a license, including a temporary license, under this subchapter or subch. V if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or if the natural person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.