Date of enactment:
2023 Assembly Bill 437 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 49.45 (12) (a), 601.41 (8), 601.41 (10), 601.415 (12), 601.56, 601.57, 628.92 (5) and 635.10; to
renumber and amend 601.64 (3) (c); to amend 15.165 (3) (b) 9., 49.45 (12) (b), 601.415 (3), 601.63 (2), 628.10 (2)
(b), 646.11 (2), 646.51 (1m), 646.51 (3) (am), 646.51 (3) (ar) and 646.51 (3) (b); and to create 601.41 (13), 601.465
(1m) (c) 9m., 601.64 (3) (c) 2. a., b. and c., 609.98 (5), 611.12 (5), 613.12 (4) and 646.13 (2) (h) of the statutes; relat-
ing to: various changes to insurance laws and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 15.165 (3) (b) 9. of the statutes is
amended to read:
15.165 (3) (b) 9. The commissioner of insurance or
an experienced actuary in the office of the commissioner
designated by the commissioner the commissioner’s
designee under s. 601.415 (3).
SECTION 2. 49.45 (12) (a) of the statutes is repealed.
SECTION 3. 49.45 (12) (b) of the statutes is amended
to read:
49.45 (12) (b) If the commissioner of insurance pro-
mulgates rules under s. 601.57 (2), 2021 stats., establish-
ing a health insurance identification card system and its
computerized support system, the department shall
develop a plan to coordinate a system of machine−read-
able identification cards for medical assistance recipients
with the systems established by the commissioner and
shall submit the plan to the governor, and to the legisla-
ture under s. 13.172 (2), before issuing a request for pro-
posals under par. (c).
SECTION 4. 601.41 (8) of the statutes is repealed.
SECTION 5. 601.41 (10) of the statutes is repealed.
SECTION 6. 601.41 (13) of the statutes is created to
read:
601.41 (13) INTERSTATE REGULATORY REVIEWS; CON-
SULTANT CONTRACTS. Notwithstanding ss. 16.70 to 16.78,
the commissioner may enter into a contract for the ser-
vices of a consultant if all of the following apply:
(a) The office and the insurance department of
another state are coordinating a review on a regulatory
matter.
(b) The other state’s insurance department has
already procured the services of the consultant.
SECTION 7. 601.415 (3) of the statutes is amended to
read:
601.415 (3) WISCONSIN RETIREMENT BOARD. The
commissioner or an experienced actuary the deputy com-
missioner, chief legal counsel, or chief financial regula-
tor in the office designated by the commissioner shall
serve as a member of the Wisconsin retirement board
under s. 15.165 (3) (b).
SECTION 8. 601.415 (12) of the statutes is repealed.
SECTION 9. 601.465 (1m) (c) 9m. of the statutes is
created to read:
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 437
601.465 (1m) (c) 9m. The security fund created
under ch. 646.
SECTION 10. 601.56 of the statutes is repealed.
SECTION 11. 601.57 of the statutes is repealed.
SECTION 12. 601.63 (2) of the statutes is amended to
read:
601.63 (2) NOTIFICATION TO AGENTS OF REVOCATION
OF CERTIFICATE OF AUTHORITY OF INSURER. Upon issuance
of any order limiting, suspending or revoking an insurer’s
authority to do business in this state, the commissioner
insurer shall within 10 business days and by separate
written notice notify by mail all agents of appointed with
the insurer of whom and shall provide a copy of the notice
to the commissioner has record. The commissioner shall
also publish a class 1 notice of the order under ch. 985
revocation in whatever reasonable form the commis-
sioner designates.
SECTION 13. 601.64 (3) (c) of the statutes is renum-
bered 601.64 (3) (c) 1. and amended to read:
601.64 (3) (c) 1. 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, except that.
2. Notwithstanding subd. 1., whoever violates an
insurance statute or rule, intentionally aids a person in
violating an insurance statute or rule, or knowingly per-
mits a person over whom he or she has authority to violate
an insurance statute or rule shall, if the violation specifi-
cally involves a consumer who is an adult at risk, as
defined in s. 55.01 (1e), or an individual who is at least
60 years of age, forfeit to the state not more than $5,000
for each violation. if any of the following applies:
3. If the statute or rule violated under subd. 1. or 2.
imposes a duty to make a report to the commissioner,
each week of delay in complying with the duty is a new
violation.
SECTION 14. 601.64 (3) (c) 2. a., b. and c. of the
statutes are created to read:
601.64 (3) (c) 2. a. The violation specifically
involves a consumer who is an adult at risk, as defined in
s. 55.01 (1e).
b. The violation specifically involves an individual
who is at least 60 years of age.
c. The violation involves or constitutes fraud or mis-
representation.
SECTION 15. 609.98 (5) of the statutes is created to
read:
609.98 (5) FAMILY CARE PROGRAM; DEPOSIT REQUIRED.
(a) In this subsection, “family care program” means the
program under ss. 46.2805 to 46.2895 that provides the
family care benefit, as defined in s. 46.2805 (4).
(b) A health maintenance organization participating
in the family care program is subject to s. 648.75.
SECTION 16. 611.12 (5) of the statutes is created to
read:
611.12 (5) FORUM SELECTION PROVISIONS. Section
180.0145 applies to stock corporations, and s. 181.0163
applies to mutuals.
SECTION 16m. 613.12 (4) of the statutes is created to
read:
613.12 (4) FORUM SELECTION PROVISIONS. The arti-
cles or bylaws of a service insurance corporation may
require, consistent with applicable jurisdictional require-
ments, that any or all claims pertaining to the internal
affairs of the service insurance corporation shall be
brought solely and exclusively in the courts in this state.
SECTION 17. 628.10 (2) (b) of the statutes is amended
to read:
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 com-
missioner finds that the licensee is unqualified as an
intermediary or navigator, is not of good character com-
petent or trustworthy under s. 628.04 (1) (b) 2., 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 finan-
cial 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 navi-
gator’s license under s. 227.51 (3).
SECTION 18. 628.92 (5) of the statutes is repealed.
SECTION 19. 635.10 of the statutes is repealed.
SECTION 20. 646.11 (2) of the statutes is amended to
read:
646.11 (2) ACCOUNTS. The fund shall be composed
of 6 5 segregated accounts, one for life insurance, one
for and annuities, one for disability insurance other than
policies issued or coverage provided by a health mainte-
nance organization insurer, one for health maintenance
organization insurers, one for all other kinds of insurance
subject to this chapter, and an administrative account.
SECTION 21. 646.13 (2) (h) of the statutes is created
to read:
646.13 (2) (h) Negotiate and contract with other
guaranty associations to provide and receive administra-
tive, claims, and other services that are usual to guaranty
associations.
SECTION 22. 646.51 (1m) of the statutes is amended
to read:
646.51 (1m) DUTY TO ASSESS. As soon as practicable
To meet the board’s obligations under this chapter, after
a liquidation order has been issued, the board shall esti-
mate separately for each of the accounts of s. 646.11 (2)
and separately for life insurance policies and for annuity
contracts in the life insurance and annuities account, the − 3 − 2023 Wisconsin Act 2023 Assembly Bill 437
amounts necessary to make the payments provided by
this chapter and. The board shall authorize assessments
separately for each account and separately for life insur-
ance policies and for annuity contracts in the life insur-
ance and annuities account.
SECTION 23. 646.51 (3) (am) of the statutes is
amended to read:
646.51 (3) (am) General. Except as provided in pars.
(ar), (b), and (c), the board shall calculate the assessments
shall be calculated as a percentage of premium premiums
written in this state by each insurer in the classes pro-
tected by the accounts under s. 646.11 (2) for the year
immediately preceding the year in which the board
authorizes the assessment is authorized by the board.
SECTION 24. 646.51 (3) (ar) of the statutes is
amended to read:
646.51 (3) (ar) Disability. Except as provided in par.
(c), with respect to the disability insurance policies,
including policies issued by account under s. 646.11 (2)
and the health maintenance organization insurers,
account under s. 646.11 (2), the board shall calculate the
assessments shall be calculated as a percentage of pre-
mium premiums written in this state by each insurer in the
classes protected by the accounts for the year immedi-
ately preceding the year in which the board authorizes the
assessment is authorized by the board. If the assessment
data for the year immediately preceding the year in which
the board authorizes the assessment is authorized by the
board is not available when the assessment is called, the
fund board may use the assessment data for the most
recent year for which data is available.
SECTION 25. 646.51 (3) (b) of the statutes is amended
to read:
646.51 (3) (b) Life and annuities. Except as provided
in par. (c), with respect to annuity contracts or life insur-
ance policies, assessments shall be calculated the life
insurance and annuities account under s. 646.11 (2), the
board shall calculate the assessments separately for life
insurance policies and for annuity contracts as a percent-
age of average annual premium premiums received in
this state by each insurer in the classes protected by the
accounts account for the 3 most recent years year imme-
diately preceding the year of the entry of the order of liq-
uidation in which the board authorizes the assessment.
If the assessment data for the year immediately preceding
the year in which the board authorizes the assessment is
not available when the assessment is called, the board
may use the assessment data for the most recent year for
which data is available.