reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.01 - Definitions.

569.01
Definitions.
In this chapter:
(1e)
“Department" means the department of administration.
(1g)
“Indian gaming compact" means a compact entered into under s. 14.035.
(1j)
“Indian gaming facility" means a facility at which Indian gaming is conducted under an Indian gaming compact.
(1m)
“Indian gaming receipts" means any of the following:
(a)
Moneys received by the state from Indian tribes as reimbursement for state costs of regulation of Indian gaming under Indian gaming compacts, except moneys received as direct reimbursements to the department of justice.
(b)
Moneys received by the state from Indian gaming vendors and from persons proposing to be Indian gaming vendors as reimbursement for state costs of certification and background investigations under s. 569.04, except moneys received as direct reimbursements to the department of justice.
(c)
Moneys received by the state from Indian tribes as reimbursement for state costs of gaming services and assistance provided by the state that are requested by an Indian tribe.
(d)
Moneys received by the state from Indian tribes pursuant to an Indian gaming compact, except moneys received as direct reimbursements to the department of justice.
(2)
“Indian gaming vendor" means a person who enters into a contract with an Indian tribe for materials, supplies, equipment or services which are unique to the gaming operations of the Indian tribe and not common to the other operations of the Indian tribe, including security services, management contractors, management consulting services regarding the administration, supervision or training of one or more functions relating to gaming management or operations, financing of facilities in which gaming is conducted except for financing by a state or federally chartered financial institution, prize payout agreements or annuity contracts and materials, supplies, equipment or services involving marketing, the printing of gaming tickets or receipts, the receiving or recording of a player's selection in any game conducted by the Indian tribe and the determination of winners of a game conducted by the Indian tribe.
(3)
“Indian tribe" means a federally recognized Indian tribe in this state.
(4)
“Net win" means the amount wagered at an Indian gaming facility, less the amount paid out in winnings at the Indian gaming facility.
History:  1993 a. 16 ss. 3540, 3544; 1995 a. 27; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.015 - Indian gaming.

569.015
Indian gaming.
(1)
The secretary of administration shall appoint a director of Indian gaming, who shall advise the secretary on matters relating to Indian gaming and who shall assist the department in performing the functions of the department under this chapter. The director of Indian gaming shall serve at the pleasure of the secretary of administration.
(2)
The secretary of administration shall appoint an attorney, whose duties shall include advising the secretary of administration and the governor on any Indian gaming compacts that may be entered into under s. 14.035. The attorney shall serve at the pleasure of the secretary of administration.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.02 - Indian gaming; general duties.

569.02
Indian gaming; general duties.
Under the direction of the secretary of administration, the director of Indian gaming shall do all of the following:
(1)
Coordinate all of the state's regulatory activities regarding Indian gaming.
(2)
Function as an Indian gaming liaison between Indians, the general public and the state.
(3)
Function as a clearinghouse for information on Indian gaming.
(4)
Assist the governor in determining the types of gaming that may be conducted on Indian lands and in entering into Indian gaming compacts.
History:  1991 a. 269; 1993 a. 16; 1995 a. 27 s. 9123 (6pp); 1997 a. 27; 1999 a. 9; 2021 a. 127.
If any element of an Indian tribe's television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80 Atty. Gen. 332.
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.03 - Indian gaming security.

569.03
Indian gaming security.
The department may do any of the following:
(1)
Provide all of the security services for the Indian gaming operations under this chapter.
(2)
Monitor the regulatory compliance of Indian gaming operations under this chapter and under any Indian gaming compact entered into under s. 14.035.
(3)
Audit the Indian gaming operations under this chapter.
(4)
Investigate suspected violations of this chapter.
(5)
Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.
(6)
If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.
History:  1997 a. 27.
The state's interest in preventing organized crime infiltration of tribal bingo enterprises does not justify state regulation in light of the compelling federal and tribal interest supporting it. California v. Cabazon Band of Indians, 480 U.S. 202 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.04 - Certification and background investigation of Indian gaming employees and vendors.

569.04
Certification and background investigation of Indian gaming employees and vendors.
(1)
In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming commission, the department shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employees of Indian tribes who are engaged in the conduct of gaming.
(2)
The department shall require the persons who are subject to the background investigations under sub. (1) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. Notwithstanding ss. 111.321, 111.322 and 111.335, the department of justice may submit the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
(3)
If the results of a background investigation under this section disclose information that, under the Indian gaming compact, disqualifies the person from becoming an Indian gaming vendor, any certificate authorizing the person to be an Indian gaming vendor that was issued before that disclosure is void.
History:  1991 a. 320; 1993 a. 16 ss. 3538, 3541 to 3543; 1995 a. 27 s. 9123 (6pp); 1995 a. 417; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 569 - Indian gaming. › 569.06 - Indian gaming receipts.

569.06
Indian gaming receipts.
Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h). Indian gaming receipts shall be credited to the appropriation account under s. 20.505 (8) (hm) in the amount necessary to make the transfers specified under s. 20.505 (8) (hm). Indian gaming receipts not otherwise credited to appropriation accounts under this section shall be paid into the general fund.
History:  1993 a. 16; 1995 a. 27; 1997 a. 27; 1999 a. 9; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 600 - Insurance — general provisions. › 600.02 - Interpretive rules.

600.02
Interpretive rules.
In chs. 600 to 655, unless the context indicates otherwise:
(1)
“Includes" means “including but not limited to".
(2)
Statements that a term “includes" or “excludes" something else are not definitions.
(3)
References in s. 600.03 to particular sections only indicate where a term is especially relevant, and do not limit its application to such sections.
History:  1971 c. 260; 1979 c. 89; 1989 a. 187 s. 29.
2023 Wisconsin Statutes & Annotations › Chapter 600 - Insurance — general provisions. › 600.12 - Construction.

600.12
Construction.
(1)
Unless otherwise provided, chs. 600 to 655 shall be liberally construed to achieve the purposes stated therein. Unless expressly provided otherwise or clearly appearing from the context the purposes stated shall constitute an aid and guide to interpretation but not an independent source of power.
(2)
If a provision of chs. 600 to 655 conflicts with another statutory provision, the provision of chs. 600 to 655 shall prevail.
History:  1971 c. 260; 1979 c. 89 s. 543; 1979 c. 102, 177; 1983 a. 358 s. 14; 1989 a. 187 s. 29.
2023 Wisconsin Statutes & Annotations › Chapter 600 - Insurance — general provisions. › 600.13 - Orders relaxing restrictions.

600.13
Orders relaxing restrictions.
(1)
Issuance. After notice under sub. (2) and a hearing, the commissioner may issue an order freeing a person from any requirement of chs. 600 to 647 otherwise applicable to the person if the commissioner finds that the interests of residents, as defined in s. 647.01 (11), insureds, creditors and the public will not be endangered thereby.
(2)
Publication. Unless the order is issued under specific authorization of another section of chs. 600 to 647, the notice preceding the hearing under sub. (1) and any such order shall be published as a class 1 notice, under ch. 985, in the official state newspaper before it is effective.
History:  1971 c. 260; 1979 c. 89; 1979 c. 102 s. 236 (22); 1979 c. 177; 1983 a. 358 ss. 3, 14.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.01 - Purposes.

601.01
Purposes.
The purposes of chs. 600 to 655 are:
(1)
To ensure the solidity of all insurers doing business in this state;
(2)
To ensure that policyholders, claimants and insurers are treated fairly and equitably;
(3)
To ensure that the state has an adequate and healthy insurance market, characterized by competitive conditions and the exercise of initiative;
(4)
To provide for an office that is expert in the field of insurance, and able to enforce chs. 600 to 655;
(5)
To encourage full cooperation of the office with other regulatory bodies, both of this and other states and of the federal government;
(6)
To improve and thereby preserve state regulation of insurance;
(7)
To maintain freedom of contract and freedom of enterprise so far as consistent with the other purposes of the law;
(8)
To encourage self-regulation of the insurance enterprise;
(9)
To encourage loss prevention as an aspect of the operation of the insurance enterprise;
(10)
To keep the public informed on insurance matters; and
(11)
To achieve the other purposes stated in chs. 600 to 655.
History:  1971 c. 260; 1977 c. 339 ss. 27, 28, 43; 1979 c. 89, 102, 177; 1989 a. 187 s. 29.
Why process consumer complaints? A case study of the office of the commissioner of insurance of Wisconsin. Whitford, Kimball, 1974 WLR 639.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.02 - Definitions.

601.02
Definitions.
In this chapter, unless the context indicates otherwise:
(1)
“Adjuster" means any person who represents an insurer or an insured in negotiations for the settlement of a claim against the insurer arising out of the coverage provided by an insurance policy.
(3)
“Agent" means an intermediary as defined in s. 628.02 (4).
History:  1971 c. 260; 1975 c. 371.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.04 - Certificate of authority; fee.

601.04
Certificate of authority; fee.
(1)
Scope. This section applies to all insurers incorporated or organized under any law of this state except chs. 611, 612, 613 and 614.
(2)
Requirement of license. No insurer or plan subject to this section may transact insurance business in this state without having in effect a certificate of authority.
(3)
Licensing. The commissioner shall issue to any insurer or plan subject to this section a certificate of authority authorizing it to transact the business of insurance in this state if the commissioner is satisfied that it has met all requirements of law and that its methods and practices and the character and value of its assets will adequately safeguard the interests of its insureds and the public in this state. Each certificate shall be issued for a period of no longer than one year and shall expire on May 1. It may be renewed from year to year.
(4)
Fees. Every insurer or plan obtaining or renewing its certificate shall pay the fee required by s. 601.31 (1) (b) or (c).
History:  1971 c. 260; 1973 c. 22; 1975 c. 223, 373; 1977 c. 339 s. 6m; Stats. 1977 s. 601.04; 1979 c. 102 ss. 236 (6), 237; 1981 c. 41.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.11 - Personnel.

601.11
Personnel.
(1)
Deputy commissioner.
(a)
Appointment. The deputy commissioner shall be appointed subject to ss. 15.04 (2) and (3) and 15.73.
(b)
Acting commissioner. When the office of commissioner is vacant, or when the commissioner is unable to perform his or her duties because of mental or physical disability, the deputy commissioner shall be acting commissioner. The deputy commissioner shall have such other duties and powers as the commissioner delegates and assigns.
(2)
Other personnel. Except for those employed under s. 601.14 (2) or otherwise specifically exempted, all personnel including staff attorneys shall be appointed under the classified service.
History:  1977 c. 418.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.12 - Legal services.

601.12
Legal services.
(1)
Legal services. The attorney general shall allocate personnel as the legal needs of the office demand.
(2)
Enforcement. Upon request of the commissioner, the attorney general shall proceed in any federal or state court or agency to recover any tax or fee related to insurance payable under the laws of this state and not paid when due, and any penalty or forfeiture authorized by chs. 600 to 655. Upon request of the commissioner, the attorney general or, in a proper case, the district attorney of any county, shall aid in any investigation, hearing or other procedure under chs. 600 to 655 and shall institute, prosecute and defend proceedings relating to the enforcement or interpretation of chs. 600 to 655, including any proceeding to which the state, or the insurance commissioner or any employee of the office, in the employee's official capacity, shall be a party or in which the commissioner or the employee is interested.
History:  1975 c. 189; 1977 c. 339 s. 43; 1979 c. 89, 102, 177; 1983 a. 358 s. 14; 1989 a. 187 s. 29.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.14 - Supporting services.

601.14
Supporting services.
(1)
Offices. The department of administration shall provide suitable premises for the offices of the commissioner of insurance:
(a)
In the city of Madison; and
(b)
Elsewhere, if approved by the governor as necessary for the efficient operation of the office.
(2)
Materials, supplies, equipment and contractual services. The department of administration shall provide the office with all materials, supplies, equipment and contractual services necessary for its efficient operation, including reasonable library facilities and books. Part-time or temporary services of professionals and experts shall be provided by the department of administration upon the recommendation of the commissioner, and may be provided without regard to the restrictions of subch. II of ch. 230.
History:  1971 c. 307; 1977 c. 196 s. 131.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.16 - Official seal and signature.

601.16
Official seal and signature.
(1)
Seal. The commissioner need not have nor use an official seal. Any statutory or common law requirement that an official seal be affixed is satisfied by the signature of the commissioner.
(2)
Signatures. Any signature of the commissioner may be in facsimile unless specifically required to be handwritten.
History:  1977 c. 203 s. 103.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.18 - Delegation.

601.18
Delegation.
Any power, duty or function vested in the commissioner by law may be exercised, discharged or performed by any employee of the office acting in the commissioner's name and by the commissioner's delegated authority. Any person whose own course of action in good faith depends upon proof of the validity of an asserted delegation is not obligated to act until the person is shown a written delegation with a handwritten signature of the commissioner or deputy commissioner.
History:  1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.19 - Organization of the office.

601.19
Organization of the office.
The commissioner shall publish periodically in the Wisconsin administrative code an up-to-date chart and explanation of the organization of the commissioner's office, making clear the allocation of responsibility and authority among the staff.
History:  1979 c. 102 s. 236 (14).
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.20 - Advisory councils and committees.

601.20
Advisory councils and committees.
(1)
Authorization to form councils and committees. The commissioner may create advisory councils and committees under s. 15.04 (1) (c) to assist in dealing with regulatory problems. The commissioner may appoint members and may provide by rule for the creation, governance, duties and termination of any council or committee the commissioner establishes.
History:  1975 c. 372, 375, 421; 1977 c. 196 s. 131; 1979 c. 102, 221.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.32 - Supervision of industry, supplementary fee.

601.32
Supervision of industry, supplementary fee.
(1)
If the moneys credited to s. 20.145 (1) (g) 1. 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.
(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.
(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.
(4)
The commissioner may omit the levy of any assessment which would be smaller than the cost of processing and collecting it.
History:  1975 c. 372 s. 41; 1977 c. 339; 1979 c. 102 ss. 66, 236 (4); 1983 a. 215; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.45 - Examination costs.

601.45
Examination costs.
(1)
Costs to be paid by examinees. The reasonable costs of examinations and audits under ss. 601.43, 601.44, and 601.83 (5) (f) shall be paid by examinees except as provided in sub. (4), either on the basis of a system of billing for actual salaries and expenses of examiners and other apportionable expenses, including office overhead, or by a system of regular annual billings to cover the costs relating to a group of companies, or a combination of such systems, as the commissioner may by rule prescribe. Additional funding, if any, shall be governed by s. 601.32. The commissioner shall schedule annual hearings under s. 601.41 (5) to review current problems in the area of examinations.
(2)
Duty to pay. The amount payable under sub. (1) shall become due 10 days after the examinee has been served a detailed account of the costs.
(3)
Deposit. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1) and (2) shall be credited to the appropriation account under s. 20.145 (1) (g) 1.
(4)
Exemptions. On the examinee's request or on the commissioner's own motion, the commissioner may pay all or part of the costs of an examination from the appropriation under s. 20.145 (1) (g) 1., whenever the commissioner finds that because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The commissioner shall include in his or her annual report information about any instance in which the commissioner applied this subsection.
(5)
Retaliation. Deposits and payments under this section shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall be required to pay the same fee when examined by the insurance office of this state.
History:  1977 c. 29; 1979 c. 102; 1981 c. 20; 2003 a. 33; 2007 a. 20; 2011 a. 32; 2017 a. 138.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.47 - Publications.

601.47
Publications.
(1)
General. The commissioner may prepare books, pamphlets, and other publications relating to insurance and sell them in the manner and at the prices the commissioner determines. The cost of publication and distribution may be paid from the appropriation under s. 20.145 (1) (g) 1.
(2)
Annual report. The commissioner shall determine the form for the report required in s. 601.46 (3) and shall have the report published in sufficient quantity to meet all requests for copies. The commissioner shall distribute copies upon request to any person who pays the price determined for the report under sub. (1).
(3)
Free distribution. The commissioner may furnish free copies of the publications prepared under subs. (1) and (2) to public officers and libraries in this state and elsewhere. The cost of free distribution shall be charged to the appropriation under s. 20.145 (1) (g) 1.
History:  1971 c. 125; 1979 c. 102 ss. 75, 236 (6); 2001 a. 16; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.48 - Participation in organizations.

601.48
Participation in organizations.
(1)
National Association of Insurance Commissioners. The commissioner and the office of the commissioner shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in the judgment of the commissioner, enhance the purposes of chs. 600 to 655. The actual and necessary expenses incurred thereby shall be reimbursed out of the appropriation under s. 20.145 (1) (g) 1.
(1m)
Accreditation.
(a)
The office shall maintain accreditation with the National Association of Insurance Commissioners.
(b)
Notwithstanding s. 230.14, the commissioner may adopt minimum education and certification requirements for job classification levels that monitor the financial solvency of insurers as necessary to meet accreditation and best practice standards established by the National Association of Insurance Commissioners. Any minimum education and certification requirement adopted under this paragraph shall apply only to employees placed into the classification level after the requirement is adopted and may not apply to employees who were in that classification level prior to the adoption of the requirement.
(2)
Consultation in regulation. The commissioner may exchange information and data and consult with other persons in order to improve and carry out insurance regulation.
History:  1977 c. 339 s. 43; 1979 c. 89; 1979 c. 102 s. 236 (14); 1979 c. 177; 1983 a. 358 s. 14; 1989 a. 187 s. 29; 2007 a. 20; 2021 a. 114.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.51 - Provision of certified copies and notices.

601.51
Provision of certified copies and notices.
(1)
Certified copies. On request of any insurer authorized to do a surety business and its payment of the fee under s. 601.31 (1), the commissioner shall mail a certified copy of its certificate of authority to any designated public officer in this state who requires such a certificate before accepting a bond. That public officer shall file it. Whenever a certified copy has been furnished to a public officer it is unnecessary, while the certificate remains effective, to attach a copy of it to any instrument of suretyship filed.
(2)
Notice of revocation of certificate. Whenever the commissioner revokes the certificate of authority of any insurer authorized to do a surety business, the commissioner shall immediately give notice thereof to each officer who was sent a certified copy under sub. (1).
History:  1975 c. 375, 421; 1979 c. 102 s. 237; 1981 c. 20 s. 2202 (26) (a).
Legislative Council Note, 1975: This continues the substance of s. 204.04 (1) and (2). [Bill 642-S]
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.53 - Insolvency notices.

601.53
Insolvency notices.
(1)
Insurers doing a surety business. Whenever any authorized insurer doing a surety business is placed in liquidation under ch. 645 or a similar law of another state or jurisdiction, the commissioner shall immediately notify the director of state courts. Upon receipt of the notice, the director of state courts shall notify each register in probate, probate registrar and clerk of circuit court, who shall notify and require every fiduciary that has filed a bond on which the company is surety to file a new bond with a different surety.
(2)
Other. The commissioner as liquidator of an insurer shall send notices as provided in s. 645.47.
History:  1975 c. 375, 421; 1977 c. 449 s. 497; 1989 a. 141; 1991 a. 144.
Legislative Council Note, 1975: Sub. (1) continues the substance of s. 204.04 (3). Sub. (2) is new and is a useful cross reference. [Bill 642-S]
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.55 - Nondomestic insurers; additional requirements.

601.55
Nondomestic insurers; additional requirements.
If another state or a foreign country requires domestic insurers doing business in that state or foreign country to deposit security, to pay a fee or tax not included in the computation under s. 76.66, to pay a fine or penalty or to comply with an obligation, prohibition or restriction that is in addition to or greater than requirements imposed by this state on nondomestic insurers doing a similar business in this state, this state may, as a condition for issuing a license to an insurer domiciled in that state or foreign country, impose a similar security requirement, fee, tax, fine, penalty, obligation, prohibition or restriction.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.56 - Study and rules on standards for health insurers.

601.56
Study and rules on standards for health insurers.
(1)
Study.
(a)
The commissioner shall study whether, in their transactions with health care providers, compliance by health insurers with certain standards, such as standard codes, forms and formats, is likely to reduce the cost of health care administration. The study shall investigate compliance with standards in at least all of the following types of transactions between insurers and health care providers:
1.
Confirmation of eligibility.
2.
Pretreatment authorization.
3.
Referral to specialty providers.
4.
Coordination of benefits.
(b)
On or before February 1, 1994, the commissioner shall submit the results of the study to the legislature under s. 13.172 (2) and to the governor.
(2)
Rules. If, as a result of the study under sub. (1), the commissioner determines that in transactions with health care providers compliance by health insurers with certain standards will likely reduce the cost of health care administration, the commissioner shall promulgate rules to establish and implement appropriate standards.
History:  1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.57 - Study and rules on health insurance identification cards.

601.57
Study and rules on health insurance identification cards.
(1)
Study.
(a)
The commissioner, in consultation with the department of health services, shall study the feasibility and cost-effectiveness of requiring every health insurer to issue to its insureds uniform machine-readable health insurance identification cards and to establish a computerized support system for the cards that will accept and respond to electronically conveyed requests from health care providers for information related to an insured, such as eligibility, coverages and authorizations. The study shall consider the feasibility and cost-effectiveness of including the medical assistance program under subch. IV of ch. 49 in the system of identification cards and the computerized support system and the feasibility of using those systems to coordinate the payment of benefits by health insurers and the medical assistance program.
(b)
On or before February 1, 1994, the commissioner shall submit the results of the study to the legislature under s. 13.172 (2) and to the governor.
(2)
Rules. If, as a result of the study under sub. (1), the commissioner determines that a health insurance identification card system and its computerized support system are feasible and would be cost-effective, the commissioner shall promulgate rules to establish and implement the systems.
History:  1993 a. 16; 1995 a. 27 ss. 7007, 9126 (19); 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.61 - Auxiliary procedural powers.

601.61
Auxiliary procedural powers.
The commissioner may administer oaths, take testimony, issue subpoenas and take depositions in connection with any hearing, meeting, examination, investigation or other proceeding that the commissioner may conduct.
History:  1979 c. 102 s. 236 (6).
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.63 - Notice and effective date of orders.

601.63
Notice and effective date of orders.
(1)
Notice to person addressed by order. Notice of any order by the commissioner shall be served under s. 227.48.
(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 shall notify by mail all agents of the insurer of whom the commissioner has record. The commissioner shall also publish a class 1 notice of the order under ch. 985.
(3)
Delay of effective date. Except as provided in sub. (4) or as expressly provided otherwise by statute, all orders of the commissioner shall take effect 10 days after notice under sub. (1) or at a later date specified in the order.
(3m)
Hearing request. If the order was issued without a hearing, any person aggrieved by the order may demand a hearing under s. 601.62 (3) (a). If no demand for a hearing is made within the prescribed time, the order is final.
(4)
Suspension of order. Whenever a hearing is demanded under s. 601.62 (3) (a) or a rehearing is requested under s. 227.49, the commissioner may suspend the order or any part thereof until after the hearing or rehearing. If the commissioner refuses to suspend the order, any person aggrieved thereby may seek a court order under ch. 813 to restrain enforcement of the order until after the hearing or rehearing.
(5)
Actions subject to approval or disapproval.
(a)
Required approval. Whenever the law requires the commissioner's approval for a certain action, the action is not effective until expressly approved. The approval is deemed refused if the commissioner does not act within 60 days after receiving the application for approval.
(b)
Reserved disapproval. Whenever the law provides that a certain action does not become effective if disapproved by the commissioner within a certain period, the action may be made effective prior to the expiration of the period by being affirmatively approved by the commissioner.
(c)
Specific provisions. Paragraphs (a) and (b) do not apply to the extent that the law specifically provides otherwise.
History:  1971 c. 40 s. 93; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218; 1975 c. 414 s. 28; 1977 c. 26; 1977 c. 203 ss. 83, 84, 104; 1979 c. 102; 1985 a. 182 s. 57; 1995 a. 396.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.65 - Marketing firm forfeitures.

601.65
Marketing firm forfeitures.
(1)
In this section “firm" means a person that markets insurance but does not include an insurer.
(2)
A firm is liable for a forfeiture of not more than $1,000 for each violation by an insurance agent of a provision of, a rule promulgated under or an order issued under chs. 600 to 655 if the violation is in connection with an insurance policy or group certificate obtained or to be obtained through or from the firm and if any of the following applies:
(a)
The firm regularly utilizes the insurance agent to market insurance policies or group certificates.
(b)
The primary insurance marketing activities of the insurance agent are in connection with insurance policies or group certificates obtained or to be obtained through or from the firm.
(c)
The insurance agent is employed by or is under contract with the firm to market insurance policies or group certificates.
(3)
If a provision of, a rule promulgated under or an order issued under chs. 600 to 655 imposes a duty to submit a periodic or recurring report to the commissioner, each week of delay in submitting the report constitutes a separate violation. Each day of continued violation of an order issued under s. 601.41 (4) constitutes a separate violation.
History:  1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.71 - Enforcement of policyholder rights.

601.71
Enforcement of policyholder rights.
When the commissioner is satisfied that any nondomestic insurer which no longer has a certificate of authority in this state does or omits to do any act whereby the rights of policyholders who are residents of this state, or who hold contracts issued or delivered in this state, are adversely affected, or whereby its ability to carry out its contracts with those policyholders is impaired, the commissioner may, with the agreement of the attorney general, bring an action in the name of the state on behalf of all policyholders so situated for the purpose of enforcing their rights. The attorney general shall act as attorney for the state in the action and the expenses shall be borne as in other civil actions in behalf of the state. Upon service of the complaint the insurer shall file with the commissioner the names and addresses of all policyholders so situated. A notice of the action shall be mailed to every such policyholder either by the commissioner or by the insurer, as the commissioner determines. Any policyholder affected by the action may intervene.
History:  1979 c. 102.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.80 - Definitions; healthcare stability plan.

601.80
Definitions; healthcare stability plan.
In this subchapter:
(1)
“Affordable Care Act” means the federal Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, P.L. 111-152, and any amendments to or regulations or guidance issued under those acts.
(2)
“Attachment point” means the amount set under s. 601.83 (2) for the healthcare stability plan that is the threshold amount for claims costs incurred by an eligible health carrier for an enrolled individual's covered benefits in a benefit year, beyond which the claims costs are eligible for reinsurance payments.
(3)
“Benefit year” means the calendar year for which an eligible health carrier provides coverage through an individual health plan.
(4)
“Coinsurance rate” means the rate set under s. 601.83 (2) for the healthcare stability plan that is the rate at which the commissioner will reimburse an eligible health carrier for claims incurred for an enrolled individual's covered benefits in a benefit year above the attachment point and below the reinsurance cap.
(5)
“Eligible health carrier” means an insurer, as defined in s. 632.745 (15), that offers an individual health plan and incurs claims costs for an enrolled individual's covered benefits in the applicable benefit year.
(6)
“Grandfathered plan” means a health plan in which an individual was enrolled on March 23, 2010, for as long as it maintains that status in accordance with the Affordable Care Act.
(7)
“Health benefit plan” has the meaning given in s. 632.745 (11).
(8)
“Healthcare stability plan” means the state-based reinsurance program known as the Wisconsin Healthcare Stability Plan administered under s. 601.83 (1).
(9)
“Individual health plan” means a health benefit plan that is not a group health plan, as defined in s. 632.745 (10), or a grandfathered plan.
(10)
“Payment parameters” means the attachment point, reinsurance cap, and coinsurance rate for the healthcare stability plan.
(12)
“Reinsurance cap” means the threshold amount set under s. 601.83 (2) for the healthcare stability plan for claims costs incurred by an eligible health carrier for an enrolled individual's covered benefits, after which the claims costs for benefits are no longer eligible for reinsurance payments.
(13)
“Reinsurance payment” means an amount paid by the commissioner to an eligible health carrier under the healthcare stability plan.
History:  2017 a. 138.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.85 - Accounting, reports, and audits.

601.85
Accounting, reports, and audits.
(1)
Accounting. The commissioner shall keep an accounting for each benefit year of all of the following:
(a)
Funds appropriated for reinsurance payments and administrative and operational expenses.
(b)
Requests for reinsurance payments received from eligible health carriers.
(c)
Reinsurance payments made to eligible health carriers.
(d)
Administrative and operational expenses incurred for the healthcare stability plan.
(2)
Reports. By November 1 of the calendar year following the applicable benefit year or by 60 days following the final disbursement of reinsurance payments for the applicable benefit year, whichever is later, the commissioner shall make available to the public a report summarizing the healthcare stability plan's operations for each benefit year by posting the summary on the office's Internet site.
(3)
Legislative auditor. The healthcare stability plan is subject to audit by the legislative audit bureau. The commissioner shall ensure that its contractors, subcontractors, or agents cooperate with any audit of the healthcare stability plan performed by the legislative audit bureau.
History:  2017 a. 138, 370.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.93 - Payment of dues.

601.93
Payment of dues.
(1g)
In this section, “fire insurance" includes insurance against loss of or damage to:
(a)
Notes, acceptances or any other valuable papers or documents, resulting from any cause, except while in the mail or in the custody or possession of and being transported by any carrier for hire; and
(b)
Personal property of individuals when written under an all-risk type of policy commonly known as the “personal property floater", whenever these risks are written in conjunction with insurance against burglary or theft.
(1m)
Any insurer doing a fire insurance business in this state shall pay fire department dues equal to 2 percent of the amount of all premiums which, during the preceding calendar year, have been received by, or have been agreed to be paid to, the company for insurance against loss by fire, including insurance on property exempt from taxation.
(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 the amount of dues paid under this subsection and to be paid under s. 101.573 (1).
History:  1971 c. 154; 1975 c. 372 ss. 5, 38; 1975 c. 421; Stats. 1975 s. 601.93; 1977 c. 29; 1979 c. 34, 102, 177, 221; 1981 c. 20; 1987 a. 166; 1995 a. 27 ss. 7019, 9130 (4); 2001 a. 103; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.935 - Penalties.

601.935
Penalties.
(1)
Late payment. An insurer that fails to make quarterly payments under s. 601.93 (2) of at least 25 percent of either the total fire dues paid for the previous calendar year or 80 percent of the actual fire dues for the current calendar year is liable, in addition to the amount due, for interest of 1.5 percent of the amount due and unpaid for each month or part of a month that the amount due, together with any interest, remains unpaid.
(2)
Negligence. An insurer that fails to pay an amount due, or file a statement required, under s. 601.93 (2), unless the insurer shows that the failure is due to reasonable cause and not due to willful neglect, is liable for the greater of the following amounts:
(a)
Five hundred dollars.
(b)
Five percent of the amount due for each month or fraction of a month during which the failure continues, but not more than 25 percent of the amount due.
History:  1987 a. 166.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.953 - Investigation of cybersecurity event.

601.953
Investigation of cybersecurity event.
(1)
If a licensee learns that a cybersecurity event involving the licensee's information systems or nonpublic information has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation that, at a minimum, includes all of the following:
(a)
An assessment of the nature and scope of the cybersecurity event.
(b)
The identification of any nonpublic information that was or may have been involved in the cybersecurity event.
(c)
The performance of reasonable measures to restore the security of the licensee's information systems compromised in the cybersecurity event and prevent additional unauthorized acquisition, release, or use of nonpublic information.
(2)
If a licensee knows that a cybersecurity event has or may have occurred in an information system maintained by a 3rd-party service provider, the licensee shall comply with sub. (1) or make reasonable efforts to confirm and document that the 3rd-party service provider has either complied with sub. (1) or failed to cooperate with the investigation under sub. (1).
(3)
The licensee shall maintain records concerning a cybersecurity event for a period of at least 5 years starting from the date of the cybersecurity event and shall produce the records upon demand of the commissioner.
History: 2021 a. 73.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.955 - Confidentiality.

601.955
Confidentiality.
(1)
All of the following apply to documents, materials, and other information in the possession or control of the commissioner that are obtained by, created by, or disclosed to the commissioner or any other person under this subchapter:
(a)
The documents, materials, and other information are considered proprietary and contain trade secrets.
(b)
The documents, materials, and other information are confidential and privileged, and the privilege may not be constructively waived.
(c)
The documents, materials, and other information are not open to inspection or copying under s. 19.35 (1).
(d)
The documents, materials, and other information are not subject to subpoena or discovery and are not admissible as evidence in a private civil action.
(e)
The commissioner may use the documents, materials, and other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties.
(f)
The commissioner may not make the documents, materials, or other information public without first obtaining the written consent of the licensee.
(g)
Neither the commissioner nor any person who received the documents, materials, or other information may testify or be required to testify in any private civil action regarding the documents, materials, or other information.
(2)
Notwithstanding sub. (1), the commissioner may share, upon request, the documents, materials, or other information with other state, federal, and international financial regulatory agencies if the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information and has verified that it has the legal authority to maintain confidentiality. The commissioner may receive documents, materials, or other information related to this subchapter from other state, federal, and international financial regulatory agencies and shall maintain as confidential or privileged any documents, materials, or other information that is treated as confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, or other information. The sharing of documents under this subsection does not constitute a delegation of regulatory authority and does not act as a waiver of privilege.
(3)
Notwithstanding sub. (1), the commissioner may share the documents, materials, or other information under this section with a 3rd-party consultant or vendor if the consultant or vendor agrees in writing to maintain the confidentiality and privileged status of the documents, materials, and other information shared under this section.
(4)
Nothing in this subchapter prohibits the commissioner from releasing final, adjudicated actions that are open to public inspection to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
History: 2021 a. 73; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 601 - Insurance — administration. › 601.956 - Enforcement.

601.956
Enforcement.
The commissioner shall have the power to examine and investigate the affairs of any licensee to determine whether the licensee has engaged in conduct in violation of this subchapter and to take action that is necessary or appropriate to enforce the provisions of this subchapter. This power is in addition to the powers that the commissioner has under subch. IV of this chapter. An investigation or examination under this section shall be conducted under subchs. IV and V of this chapter.
History: 2021 a. 73.
2023 Wisconsin Statutes & Annotations › Chapter 604 - State insurance funds; general principles. › 604.02 - Continuation of funds.

604.02
Continuation of funds.
(1)
Existing funds. The following funds are continued:
(a)
The “local government property insurance fund" or “property fund".
(b)
The “state life insurance fund" or “life fund".
History:  1973 c. 117; 1979 c. 221; 1981 c. 20, 314; 1987 a. 27.