Amendment ASA1-AB40

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 Chapter 564 of the statutes is repealed.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.

AB40-ASA1,2265ez Section 2265ez. 628.097 (2m) of the statutes is amended to read:

AB40-ASA1,1188,3 628.097 (2m) For liability for delinquent taxes. The commissioner shall refuse to issue a license, including a temporary license, under this subchapter or subch. V, or to register a navigator entity under subch. V, if the department of revenue certifies under s. 73.0301 that the applicant for the license or registration is liable for delinquent taxes.

AB40-ASA1,2265f Section 2265f. 628.10 (1) of the statutes is amended to read:

AB40-ASA1,1188,9 628.10 (1) General. An intermediary's license issued under s. 628.04, or an individual navigator's license issued under s. 628.92 (1), remains in force until it is revoked or limited under sub. (2), until it is suspended under sub. (2) or s. 227.51 (3), until it is surrendered, or until the licensee dies or is in this state adjudicated incompetent.

AB40-ASA1,2265fm Section 2265fm. 628.10 (2) (a) of the statutes is amended to read:

AB40-ASA1,1188,21 628.10 (2) (a) For failure to comply with continuing education or annual training requirements. The license of any intermediary or individual navigator who fails to produce evidence of compliance with continuing education standards set by the commissioner or with annual training requirements is revoked, effective on the date on which the evidence of compliance is due. At least 60 days before that date, the commissioner shall send by 1st class mail to the intermediary's or navigator's address that is on file with the commissioner notice of the date by which the evidence of compliance is due and that the intermediary's or navigator's license will be revoked if the evidence is not received by that date. An intermediary or navigator whose license is revoked under this paragraph may have his or her license reinstated, or may be relicensed, as provided in sub. (5).

AB40-ASA1,2265g Section 2265g. 628.10 (2) (am) of the statutes is amended to read:

AB40-ASA1,1189,6 628.10 (2) (am) Nonpayment of fees. The license of an intermediary or individual navigator who fails to pay a fee when due is revoked, effective on the date on which the fee is due. At least 60 days before that date, the commissioner shall send by 1st class mail to the intermediary's or navigator's address that is on file with the commissioner notice of the date by which the fee is due and that the intermediary's or navigator's license will be revoked if timely payment is not made. An intermediary who is a natural person, or an individual navigator, whose license is revoked under this paragraph may have his or her license reinstated, or may be relicensed, as provided in sub. (5).

AB40-ASA1,2265gm Section 2265gm. 628.10 (2) (b) of the statutes is amended to read:

AB40-ASA1,1189,17 628.10 (2) (b) For other reasons. Except as provided in pars. (c) to (d), after a hearing, the commissioner may revoke, suspend, or limit in whole or in part the license of any intermediary or individual navigator if the commissioner finds that the licensee is unqualified as an intermediary or navigator, 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 or navigator'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 or individual navigator's license under s. 227.51 (3).

AB40-ASA1,2265h Section 2265h. 628.10 (2) (c) of the statutes is amended to read:

AB40-ASA1,1190,8 628.10 (2) (c) For failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend or limit the license of an intermediary who is a natural person, the license of an individual navigator, or a temporary license of a natural person under s. 628.09, 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. A natural person whose license or temporary license is suspended under this paragraph who satisfies the requirements under this paragraph for which the license was suspended may have his or her license or temporary license reinstated by satisfactorily completing a reinstatement application and paying the application fee for original licensure as specified by rule.

AB40-ASA1,2265hm Section 2265hm. 628.10 (2) (cm) of the statutes is amended to read:

AB40-ASA1,1190,16 628.10 (2) (cm) For liability for delinquent taxes. The commissioner shall revoke the license of an intermediary or individual navigator, including a temporary license under s. 628.09, if the department of revenue certifies under s. 73.0301 that the intermediary or navigator is liable for delinquent taxes. An intermediary who is a natural person, or an individual navigator, whose license is revoked under this paragraph may have his or her license reinstated, or may be relicensed, as provided in sub. (5).

AB40-ASA1,2265i Section 2265i. 628.10 (2) (cr) of the statutes is amended to read:

AB40-ASA1,1190,23 628.10 (2) (cr) For providing false information in statement. The commissioner shall revoke the license of an intermediary or individual navigator, including a temporary license under s. 628.09, if the commissioner determines, after a hearing, that the intermediary or navigator provided false information in a statement provided under s. 628.095 (5) with the intermediary's or navigator's application or at the time that the annual fee was paid under s. 601.31 (1) (m) or (nm) 2.

AB40-ASA1,2265im Section 2265im. 628.10 (2) (d) of the statutes is amended to read:

AB40-ASA1,1191,12 628.10 (2) (d) For failure to provide social security number, federal employer identification number or statement. If an intermediary or individual navigator fails to provide a social security number or federal employer identification number as required under s. 628.095 (3) or a statement as required under s. 628.095 (5), the commissioner shall suspend or limit the license of the intermediary or navigator, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) or (nm) 2. may be paid, if the commissioner has given the intermediary or navigator reasonable notice of when the fee must be paid to avoid suspension or limitation. If the intermediary or navigator provides the social security number, federal employer identification number, or statement within 60 days from the effective date of the suspension, the commissioner shall reinstate the intermediary's or navigator's license effective as of the date of suspension.

AB40-ASA1,2265j Section 2265j. 628.10 (2) (e) of the statutes is amended to read:

AB40-ASA1,1191,18 628.10 (2) (e) For changing state of residence. The license of an intermediary or individual navigator who changes residence from one state to another is revoked 60 days after the change of residence. The intermediary or navigator may be relicensed only after satisfying any requirements under s. 628.04 or 628.92 that are specified by the commissioner by rule.

AB40-ASA1,2265jm Section 2265jm. 628.10 (3) of the statutes is amended to read:

AB40-ASA1,1191,24 628.10 (3) Delay for new application. An order revoking an intermediary's or individual navigator's license under sub. (2) (b) or (cr) may specify a time not to exceed 5 years within which the former intermediary or navigator may not apply for a new license. If no time is specified, the intermediary or navigator may not apply for 5 years.

AB40-ASA1,2265k Section 2265k. 628.10 (5) (a) of the statutes is amended to read:

AB40-ASA1,1192,15 628.10 (5) (a) Reinstatement within 12 months. An intermediary who is a natural person and, or an individual navigator, whose license is revoked under sub. (2) (a), (am), or (cm) may have his or her license reinstated within 12 months after the date on which the license was revoked without having to satisfy any prelicensing education or examination requirements under s. 628.04 or any prelicensing training or examination requirements under s. 628.92 (7). To have his or her license reinstated, the intermediary or navigator must satisfy the requirement under sub. (2) (a), (am), or (cm) for which the license was revoked, satisfactorily complete a reinstatement application, and pay twice the amount of the applicable license renewal fee as specified by rule. The reinstatement is effective on the date on which the commissioner actually reinstates the license. If the intermediary or navigator is also a resident who is required to complete continuing education or annual training, the intermediary or navigator must have satisfied all previous continuing education or annual training requirements to have his or her license reinstated under this paragraph.

AB40-ASA1,2265km Section 2265km. 628.10 (5) (b) of the statutes is amended to read:

AB40-ASA1,1192,23 628.10 (5) (b) Relicensing required after 12 months. An intermediary or individual navigator specified in par. (a) whose license has been revoked for more than 12 months is not eligible to have his or her license reinstated under par. (a) but may apply for relicensing at any time after 12 months have elapsed from the date of revocation. To be relicensed, the intermediary or navigator must satisfy any requirements under s. 628.04 or 628.92 that are specified by the commissioner by rule.

AB40-ASA1,2265L Section 2265L. 628.10 (5) (c) 3. of the statutes is created to read: