subch. III of ch. 601 SUBCHAPTER III
FINANCING THE INSURANCE OFFICE
601.31 601.31 Fees.
601.31(1)(1) The following fees, unless revised by the commissioner as provided in s. 601.32, shall be paid to the commissioner:
601.31(1)(a) (a) For filing documents for examination preliminary to initial licensing or for any other initial filing of documents required by law as a prerequisite for operating or otherwise providing services in this state, including the filing of articles of incorporation, the first declaration or statement, a certified copy of charter, and others:
601.31(1)(a)1. 1. Domestic and nondomestic insurers, $400.
601.31(1)(a)2. 2. Rate service organizations, $400.
601.31(1)(a)3. 3. Motor clubs, $400.
601.31(1)(a)4. 4. Licensees under ch. 615, $100.
601.31(1)(a)5. 5. Providers of services under ch. 647, $100.
601.31(1)(b) (b) For issuing a permit or certificate of authority:
601.31(1)(b)1. 1. Domestic and nondomestic insurers, $400.
601.31(1)(b)2. 2. Rate service organizations, $400.
601.31(1)(b)3. 3. Motor clubs, $400.
601.31(1)(b)4. 4. Licensees under ch. 615, $100.
601.31(1)(b)5. 5. Providers of services under ch. 647, $100.
601.31(1)(c) (c) Annually for continuation of a permit or certificate of authority:
601.31(1)(c)1. 1. Domestic and nondomestic insurers, $100.
601.31(1)(c)2. 2. Rate service organizations, $100.
601.31(1)(c)3. 3. Motor clubs, $100.
601.31(1)(c)4. 4. Licensees under ch. 615, $25.
601.31(1)(c)5. 5. Providers of services under ch. 647, $25.
601.31(1)(d) (d) For filing articles of amendment, domestic companies, $25.
601.31(1)(e) (e) For filing a copy of amendments to the articles of a nondomestic insurer, $25.
601.31(1)(f) (f) For filing articles of merger, $100.
601.31(1)(g) (g) For filing a copy of articles of merger of a nondomestic insurer, other than with a domestic corporation, $25.
601.31(1)(h) (h) For filing an application by a nondomestic insurer for amended certificate of authority to transact business in this state, $25.
601.31(1)(i) (i) For filing an application to reserve a corporate name, $25.
601.31(1)(j) (j) For filing a notice of transfer of a reserved corporate name, $25.
601.31(1)(k) (k) For filing an annual statement, except as provided in s. 641.13:
601.31(1)(k)1. 1. Domestic and nondomestic insurers, $100.
601.31(1)(k)2. 2. Rate service organizations, $100.
601.31(1)(k)3. 3. Motor clubs, $100.
601.31(1)(k)4. 4. Licensees under ch. 615, $25.
601.31(1)(k)5. 5. Providers of services under ch. 647, $25.
601.31(1)(L) (L) For issuing or enlarging the scope of a license, amounts to be set by the commissioner by rule but not to exceed:
601.31(1)(L)1. 1. Individual intermediary, $10;
601.31(1)(L)2. 2. Corporation, limited liability company or partnership intermediary, $100; and
601.31(1)(L)3. 3. Licensees authorized to place business under s. 618.41, $100.
601.31(1)(Lm) (Lm) For issuing a duplicate license, $5.
601.31(1)(m) (m) For regulating, annually after the year in which the initial license is issued, amounts to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed:
601.31(1)(m)1. 1. Resident intermediaries, $20;
601.31(1)(m)2. 2. Nonresident intermediaries, $40; and
601.31(1)(m)3. 3. Holder of a license to place business under s. 618.41, $100.
601.31(1)(mm) (mm) For initial issuance of a license as a viatical settlement provider under s. 632.68 (2), $750.
601.31(1)(mp) (mp) For each annual renewal of a license as a viatical settlement provider under s. 632.68 (2), $250.
601.31(1)(mr) (mr) For initial issuance of a license as a viatical settlement broker under s. 632.68 (4), $750.
601.31(1)(ms) (ms) For each annual renewal of a license as a viatical settlement broker under s. 632.68 (4), $250.
601.31(1)(n) (n) For listing, or renewing a listing of, an agent under s. 628.11, a fee to be set by the commissioner by rule but not to exceed $8 annually for resident agents or $24 annually for nonresident agents.
601.31(1)(o) (o) For examination of an applicant for a license as an insurance intermediary, an amount to be set by the commissioner by rule but not to exceed $50 and not to exceed the reasonably estimated average cost of the examination and investigation of an intermediary.
601.31(1)(p) (p) For substituted service of process on the commissioner under s. 601.72, $10.
601.31(1)(q) (q) For a copy of a paper filed in the commissioner's office, actual cost.
601.31(1)(r) (r) For preparation and furnishing of lists of insurers or intermediaries, actual cost.
601.31(1)(t) (t) For filing documents for examination preliminary to initial listing by the commissioner for surplus lines insurance under s. 618.41 (6) (d), $100.
601.31(1)(u) (u) For preparation and furnishing of an agent's letter of certification, $10.
601.31(1)(v) (v) For preparation and furnishing of an agent's letter of clearance, $10.
601.31(1)(w) (w) For initial issuance and for each annual renewal of a license as an administrator under ch. 633, $100.
601.31(1)(x)1.1. For issuing approval to an organization to offer prelicensing or continuing education courses or programs for intermediaries under s. 628.04 (3), a fee to be set by the commissioner by rule, but not to exceed $500.
601.31(1)(x)2. 2. By organizations approved under subd. 1., for renewing the approval of such organizations, annually after the year in which the approval under subd. 1. is issued, an amount to be set and paid at times and under procedure set by the commissioner by rule, but not to exceed $100.
601.31(1)(x)3. 3. By organizations approved under subd. 1., for submitting, for initial approval or approval of any subsequent modification, each course for prelicensing or continuing education, a fee to be set by the commissioner by rule, but not to exceed $25 per credit hour.
601.31(1)(y)1.1. For certifying a copy of an annual statement, an examination report, a certificate of authority or articles and bylaws, or amendments to any of those documents, $10.
601.31(1)(y)2. 2. For a duplicate certification that is requested at the same time as the certification under subd. 1., $5.
601.31(2) (2) Town mutuals and insurers operating under subch. I of ch. 616 are exempt from all provisions of this section except sub. (1) (b), (c) and (q).
601.31(3) (3) The commissioner may not increase fees under sub. (1) (m) above the amounts in effect on March 25, 1988, except for the purpose of funding projected expenses for the office's supervision of the insurance industry.
601.31 Annotation Legislative Council Note on sub. (2), 1979: In addition to some editorial corrections, this provision has been amended to apply s. 601.31 (2) [(1) (b)] and (3) [(1) (c)] to former ch. 185 insurers, now operating under subch. I of ch. 616. It also applies s. 601.31 (2) [(1) (b)] and (3) [(1) (c)] to town mutuals. The exemption of fraternals in sub. (25) from certain fees is not justified and is deleted. [Bill 21-S]
601.32 601.32 Supervision of industry, supplementary fee.
601.32(1)(1) If the moneys credited to s. 20.145 (1) (g) under other sections of the statutes prove inadequate for the office's supervision of insurance industry program, the commissioner may increase any or all of the fees imposed by s. 601.31, or may in any year levy a special assessment on all domestic insurers, or both, for the general operation of that program.
601.32(2) (2) Any special assessment shall be in addition to all other taxes, fees, dues and charges and shall not exceed for any such company a maximum of 25 cents per $1,000 of gross premiums received by it during the preceding calendar year on direct insurance in this state, less returned premiums and cancellations.
601.32(3) (3) Any assessment made by the commissioner which is less than the maximum shall be prorated among said companies in the same proportion as if it were a maximum assessment. Any such assessment shall be paid to the commissioner on or before July 31 of each year.
601.32(4) (4) The commissioner may omit the levy of any assessment which would be smaller than the cost of processing and collecting it.
601.32 History History: 1975 c. 372 s. 41; 1977 c. 339; 1979 c. 102 ss. 66, 236 (4); 1983 a. 215.
601.33 601.33 Exemption from taxation. Municipal insurance mutuals organized under s. 611.11 (4) are not subject to any taxes or fees except those imposed by ss. 601.31 and 601.32.
601.33 History History: 1977 c. 346.
subch. IV of ch. 601 SUBCHAPTER IV
POWERS AND DUTIES OF COMMISSIONER
601.41 601.41 General duties and powers.
601.41(1) (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.184, 120.13 (2) (b) to (g), 149.13 and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.
601.41(2) (2)Powers. The commissioner shall have all powers specifically granted to the commissioner, or reasonably implied in order to enable the commissioner to perform the duties imposed by sub. (1).
601.41(3) (3)Rules. The commissioner shall have rule-making authority under s. 227.11 (2).
601.41(4) (4)Enforcement proceedings.
601.41(4)(a)(a) The commissioner shall issue such prohibitory, mandatory and other orders as are necessary to secure compliance with the law.
601.41(4)(b) (b) On request of any person who would be affected by an order under par. (a), the commissioner may issue a declaratory order to clarify the person's rights or duties.
601.41(5) (5)Informal hearings and public meetings. The commissioner may at any time hold informal hearings and public meetings, whether or not called hearings, for the purposes of investigation, the ascertainment of public sentiment, or informing the public. No effective rule or order may result from the hearing unless the requirements of ch. 227 are satisfied.
601.41(6) (6)Regulation of risk retention groups and risk purchasing groups.
601.41(6)(a)(a) The commissioner may by rule regulate the condition and conduct of risk retention groups and risk purchasing groups doing business in this state. The commissioner may by order prohibit a risk retention group or risk purchasing group from doing business in this state.
601.41(6)(b) (b) The regulation of risk retention groups and risk purchasing groups under ss. 601.72, 618.41, 618.415, 618.43, 628.02, 628.03 and 628.48 is in addition to any other provisions of chs. 600 to 655 which apply to risk retention groups or risk purchasing groups and does not authorize a risk retention group or risk purchasing group to do an insurance business except as permitted under chs. 600 to 655.
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