SB21: Bill Text

SB21,4551 Section 4551. 600.03 (25) (a) 5. of the statutes is created to read:

SB21,1679,17 600.03 (25) (a) 5. Services provided by a care management organization, as defined in s. 46.2805 (1) (dm).

SB21,4552 Section 4552. 601.41 (1) of the statutes is amended to read:

SB21,1679,22 601.41 (1) Duties. The commissioner shall administer and enforce chs. 102 and 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

SB21,4553 Section 4553. 601.41 (12) of the statutes is created to read:

SB21,1680,3 601.41 (12) Care management organizations. The commissioner may apply the provisions of chs. 600 to 646 to a care management organization, as defined in s. 46.2805 (1) (dm). The commissioner may promulgate rules to license care management organizations, as defined in s. 46.2805 (1) (dm), as insurers and to otherwise regulate care management organizations.

SB21,4554 Section 4554. 601.415 (9) of the statutes is amended to read:

SB21,1680,10 601.415 (9) Consumer credit law. The commissioner shall cooperate with the division of banking department of financial institutions and professional standards in the administration of ch. 424, shall determine the method for computation of refunds under s. 424.205, shall approve forms, schedules of premium rates, and charges under s. 424.209, and shall issue rules or orders of compliance to insurers under s. 424.602.

SB21,4555 Section 4555. 601.42 (1g) (intro.) of the statutes is amended to read:

SB21,1680,13 601.42 (1g) Reports. (intro.) The commissioner may require any of the following from any person subject to regulation under chs. 102 and 600 to 655:

SB21,4556 Section 4556. 601.64 (3) (c) of the statutes is amended to read:

SB21,1680,22 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule, s. 102.35 (2), or s. 149.13, 2011 stats., intentionally aids a person in violating an insurance statute or rule, s. 102.35 (2), 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, s. 102.35 (2), 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.

SB21,4557 Section 4557. 601.72 (1) (intro.) of the statutes is amended to read:

SB21,1681,5 601.72 (1) General. (intro.) Under procedures specified in s. 601.73, the commissioner is by law constituted attorney, except in cases in which the proceeding is to be brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, in which event the department of financial institutions and professional standards is by law constituted attorney, to receive service of summons, notices, orders, pleadings and all other legal process relating to any court or administrative agency in this state for all of the following:

SB21,4558 Section 4558. 601.72 (2) of the statutes is amended to read:

SB21,1681,12 601.72 (2) Appointment of attorney. Except as provided in sub. (2m), every licensed insurer by applying for and receiving a certificate of authority, every surplus lines insurer by entering into a contract subject to the surplus lines law, and every unauthorized insurer by doing an insurance business in this state, is deemed to have irrevocably appointed the commissioner and department of financial institutions and professional standards as the insurer's attorneys in accordance with sub. (1).

SB21,4559 Section 4559. 601.72 (3) of the statutes is amended to read:

SB21,1681,17 601.72 (3) Others affected. The commissioner and department of financial institutions and professional standards shall also be attorneys for the personal representatives, receivers, trustees, or other successors in interest of the persons specified in sub. (1).

SB21,4560 Section 4560. 601.73 (1) (intro.) of the statutes is amended to read:

SB21,1681,21 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or department of financial institutions and professional standards under s. 601.72 is service on the principal, if:

SB21,4561 Section 4561. 601.73 (1) (a) of the statutes is amended to read:

SB21,1681,25 601.73 (1) (a) Two copies of the process are left in the hands or office of the commissioner or department of financial institutions and professional standards respectively; and

SB21,4562 Section 4562. 601.73 (1) (b) of the statutes is amended to read:

SB21,1682,4 601.73 (1) (b) The commissioner or department of financial institutions and professional standards mails a copy of the process to the person served according to sub. (2) (b).

SB21,4563 Section 4563. 601.73 (2) (a) of the statutes is amended to read:

SB21,1682,8 601.73 (2) (a) Records. The commissioner and department of financial institutions and professional standards shall give receipts for and keep records of all process served through them.

SB21,4564 Section 4564. 601.73 (2) (b) of the statutes is amended to read:

SB21,1682,14 601.73 (2) (b) Process mailed. The commissioner or department of financial institutions and professional standards shall send immediately by certified mail to the person served, at the person's last-known principal place of business, residence or post-office address or at an address designated in writing by the person, one copy of any process received and shall retain the other copy.

SB21,4565 Section 4565. 601.73 (3) of the statutes is amended to read:

SB21,1682,20 601.73 (3) Proof of service. A certificate by the commissioner or the department of financial institutions and professional standards, showing service made upon the commissioner or department of financial institutions and professional standards, and attached to a copy of the process presented for that purpose is sufficient evidence of the service.

SB21,4566 Section 4566. 601.93 (2) of the statutes is amended to read:

SB21,1683,8 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly installments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of safety and professional services financial institutions and professional standards the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

SB21,4567 Section 4567. 605.03 (1) (a) of the statutes is amended to read:

SB21,1683,13 605.03 (1) (a) Mandatory coverage. The Subject to par. (f), the property fund shall provide protection against fire and extended coverage perils. The coverage shall be at least as favorable as that customarily provided by policies filed with the commissioner for the use of private insurers in insuring comparable property.

SB21,4568 Section 4568. 605.03 (1) (d) of the statutes is amended to read:

SB21,1683,16 605.03 (1) (d) Term of policy. The Subject to par. (f) 1., the manager may prescribe the time periods for which coverage is to be provided.

SB21,4569 Section 4569. 605.03 (1) (f) of the statutes is created to read:

SB21,1683,21 605.03 (1) (f) Limits on issuance, renewal, and filing claims; final distribution. 1. No coverage under the property fund may be issued on or after July 1, 2015. No coverage may be renewed after December 31, 2015. No coverage may terminate later than December 31, 2016.

SB21,1683,23 2. All claims must be filed with the property fund by no later than July 1, 2017. No claim filed after July 1, 2017, will be covered by the fund.

SB21,1684,3 3. Upon the cessation of all operations of the property fund, the manager shall distribute any moneys remaining in the fund among the local governmental units that were insured under the fund on July 1, 2015.

SB21,4570 Section 4570. 605.21 (1) of the statutes is amended to read:

SB21,1684,14 605.21 (1) Placing insurance. The Subject to s. 605.03 (1) (f), the property fund shall insure property described in s. 605.02 after receipt from the clerk of the local governmental unit of a certified copy of the resolution authorizing insurance in the property fund. The clerk shall report to the manager each policy then in force upon such property, stating the property covered by the policy and the dates of issue and of expiration, the amounts and rates of insurance and the premiums. Property already insured shall become insured by the property fund as existing policies expire or are canceled. Thereafter the insurance on all property described in s. 605.02 shall be provided. Premiums shall be certified by the manager to the clerk of the appropriate unit.

SB21,4571 Section 4571. 605.23 (1) of the statutes is amended to read:

SB21,1684,21 605.23 (1) Payment for losses. The Subject to s. 605.03 (1) (f) 2., the manager shall determine within a reasonable time any loss on insured property owned by a local governmental unit or for which the unit is liable and promptly certify the amount to the department of administration, which shall issue a warrant on the property fund payable to the treasurer of the local governmental unit for the amount of the loss less any applicable amounts under s. 605.03 (2) or (3).

SB21,4572 Section 4572. 605.35 of the statutes is repealed.

SB21,4573 Section 4573. 610.70 (1) (a) of the statutes is amended to read:

SB21,1685,2 610.70 (1) (a) "Health care provider" means any person licensed, registered, permitted or certified by the department of health services or the department of safety and professional services financial institutions and professional standards to provide health care services, items or supplies in this state.

SB21,4574 Section 4574. 610.70 (1) (e) of the statutes is amended to read:

SB21,1685,11 610.70 (1) (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09 or a facility under s. 45.50, 51.05, 51.06, or 252.10 or under ch. 36 or 233, or licensed or certified by a county department under s. 50.032 or 50.033.

SB21,4575 Section 4575. 611.29 (1) of the statutes is amended to read:

SB21,1685,20 611.29 (1) Right to amend articles. A stock corporation may amend its articles under ss. 180.0726, 180.1001 to 180.1007, 180.1706, 180.1707 and 180.1708 (4) and a mutual may amend its articles under ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and 181.1006, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. Subject to sub. (3), the stock corporation or mutual may amend its articles in any desired respect including substantial changes of its original purposes. No amendment may be made contrary to s. 611.12 (1) to (3).

SB21,4576 Section 4576. 611.72 (1) of the statutes is amended to read:

SB21,1686,2 611.72 (1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1106, 180.1706, 180.1707, and 180.1708 (5) apply to the merger of a domestic stock insurance corporation or its parent insurance holding corporation, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner.

SB21,4577 Section 4577. 611.73 (1) (a) of the statutes is amended to read:

SB21,1686,7 611.73 (1) (a) In general. Any 2 or more domestic mutuals may merge under the procedures of this section and ss. 181.1105 and 181.1106, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner.

SB21,4578 Section 4578. 611.74 (1) of the statutes is amended to read:

SB21,1686,23 611.74 (1) Plan of dissolution. At least 60 days prior to the submission to shareholders or policyholders of any proposed voluntary dissolution of an insurance corporation under s. 180.1402 or 181.1401 the plan shall be filed with the commissioner. The commissioner may require the submission of additional information to establish the financial condition of the corporation or other facts relevant to the proposed dissolution. If the shareholders or policyholders adopt the resolution to dissolve, the commissioner shall, within 30 days after the adoption of the resolution, begin to examine the corporation. The commissioner shall approve the dissolution unless, after a hearing, the commissioner finds that it is insolvent or may become insolvent in the process of dissolution. Subject to chs. 600 to 645, upon approval, the corporation may dissolve under ss. 180.1402 to 180.1408 and 180.1706, or ss. 181.1401 to 181.1407, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. Upon disapproval, the commissioner shall petition the court for liquidation or for rehabilitation under ch. 645.

SB21,4579 Section 4579. 611.76 (11) of the statutes is amended to read:

SB21,1687,4 611.76 (11) Security regulation. The filing with the division of securities department of financial institutions and professional standards of a certified copy of the plan of conversion as approved by the commissioner constitutes registration under s. 551.305 of the securities authorized to be issued thereunder.

SB21,4580 Section 4580. 613.01 (8) (title) of the statutes is amended to read:

SB21,1687,7 613.01 (8) (title) Department of financial institutions and professional standards.

SB21,4581 Section 4581. 616.09 (1) (c) 2. of the statutes is amended to read:

SB21,1687,13 616.09 (1) (c) 2. In all actions commenced after May 11, 1980, but before the effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185 which apply under subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read "department of financial institutions and commissioner", except in s. 185.48, where "department" shall be deemed to read "commissioner".

SB21,4582 Section 4582. 616.09 (1) (c) 3. of the statutes is created to read:

SB21,1687,19 616.09 (1) (c) 3. In all actions commenced on or after the effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185 that apply under subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read "department of financial institutions and professional standards and commissioner," except in s. 185.48, where "department" shall be deemed to read "commissioner."

SB21,4583 Section 4583. 616.74 (1) (c) of the statutes is amended to read:

SB21,1688,2 616.74 (1) (c) A certificate from the department of financial institutions and professional standards, if it is a nonprofit corporation, that it has complied with the corporation laws of this state; if it is a corporation the stock of which has been or is being sold to the general public, a certificate from the division of securities department of financial institutions and professional standards that it has complied with the requirements of the securities law of this state.

SB21,4584 Section 4584. 620.25 (2) of the statutes is amended to read:

SB21,1688,4 620.25 (2) This section does not apply to s. 234.26 235.0277.

SB21,4585 Section 4585. 626.12 (3) of the statutes is amended to read:

SB21,1688,18 626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employees. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employees or applicants for employment shall forfeit the right to experience rating. If the department of workforce development office determines that grounds exist for such forfeiture it shall file with the commissioner the office shall provide the employer with a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department office shall make the determination as prescribed in the same manner as the department of workforce development makes determinations under ss. 103.005 (5) (b) to (f), (6) to (11), (13) (b) to (d), and (16), so far as such subsections those provisions are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

SB21,4586 Section 4586. 626.32 (1) (a) of the statutes is amended to read:

SB21,1689,3 626.32 (1) (a) General. Every insurer writing any insurance specified under s. 626.03 shall report its insurance in this state to the bureau at least annually, on forms and under rules prescribed by the bureau. The bureau shall file, under rules promulgated by the department of workforce development office, a record of such reports with that department the office. No such information contained in those reports may be made public by the bureau or any of its employees except as required by law and in accordance with its rules. No such information contained in those reports may be made public by the department of workforce development office or any of its employees except as authorized by the bureau.

SB21,4587 Section 4587. 632.10 (1) of the statutes is amended to read:

SB21,1689,9 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of safety and professional services of financial institutions and professional standards under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

SB21,4588 Section 4588. 632.697 of the statutes is amended to read:

SB21,1689,18 632.697 Benefits subject to department's right to recover. Death benefits payable under a life insurance policy or an annuity are subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the deceased policyholder or annuitant.

SB21,4589 Section 4589. 632.745 (6) (a) 2. of the statutes is amended to read:

SB21,1689,23 632.745 (6) (a) 2. A municipality, as defined in s. 16.70 (8) county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district, or any other public or quasi-public corporation, officer, board, or other body having the authority to award public contracts.

SB21,4590 Section 4590. 632.745 (6) (a) 2m. of the statutes is repealed.

SB21,4591 Section 4591. 632.895 (10) (a) of the statutes is amended to read:

SB21,1690,8 632.895 (10) (a) Except as provided in par. (b), every disability insurance policy and every health care benefits plan provided on a self-insured basis by a county board under s. 59.52 (11), by a city or village under s. 66.0137 (4), by a political subdivision or technical college district under s. 66.0137 (4m), by a town under s. 60.23 (25), or by a school district under s. 120.13 (2) shall provide coverage for blood lead tests for children under 6 years of age, which shall be conducted in accordance with any recommended lead screening methods and intervals contained in any rules promulgated by the department of health services under s. 254.158.

SB21,4592 Section 4592. 644.09 (2) of the statutes is amended to read:

SB21,1691,2 644.09 (2) Amendment of articles. A mutual holding company may amend its articles in the manner provided in ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and 181.1006, except that papers required by those sections to be filed with the department of financial institutions and professional standards shall instead be filed with the commissioner. The articles may be amended in any desired respect, including substantial changes of its original purposes, except that no amendment may be made that is contrary to sub. (1). In addition to the requirements of s. 181.1005, the articles of amendment of a mutual holding company shall, if mail voting is used, state the number of members voting by mail and the number of such members voting for and against the amendment. No amendment may become effective until the articles of amendment have been filed with the commissioner. No amendment shall affect any existing cause of action in favor of or against such mutual holding company, any civil, criminal, administrative or investigatory proceeding to which the mutual holding company is a party or the existing rights of persons other than members. In the event that the corporate name is changed by amendment, no suit brought by or against such mutual holding company under its former name shall abate for that reason.

SB21,4593 Section 4593. 645.47 (1) (a) of the statutes is amended to read:

SB21,1691,17 645.47 (1) (a) General requirements. The liquidator shall give notice of the liquidation order as soon as possible by first class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is licensed to do business, by first class mail and by telephone to the department of workforce development of this state if the insurer is or has been an insurer of worker's compensation, by first class mail to all insurance agents having a duty under s. 645.48, by first class mail to the director of state courts under s. 601.53 (1), if the insurer does a surety business, and by first class mail at the last-known address to all persons known or reasonably expected from the insurer's records to have claims against the insurer, including all policyholders. The liquidator also shall publish a class 3 notice, under ch. 985, in a newspaper of general circulation in the county in which the liquidation is pending or in Dane County, the last publication to be not less than 3 months before the earliest deadline specified in the notice under sub. (2).

SB21,4594 Section 4594. Chapter 648 of the statutes is repealed.

SB21,4595 Section 4595. 705.04 (2g) of the statutes is amended to read:

SB21,1692,2 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.