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LRBa0143/1
AJM:amn
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 110
March 10, 2017 - Offered by Representative Steffen.
AB110-AA1,1,11 At the locations indicated, amend the bill as follows:
AB110-AA1,1,2 21. Page 2, line 1: before that line insert:
AB110-AA1,1,4 3 Section 1d. 101.654 (2) (a) 2. of the statutes is renumbered 101.654 (2) (a) 2.
4(intro.) and amended to read:
AB110-AA1,1,85 101.654 (2) (a) 2. (intro.) A policy of general liability insurance issued by an
6insurer authorized to do business in this state
insuring the applicant in the amount
7of at least $250,000 per occurrence because of bodily injury to or death of others or
8because of damage to the property of others. and issued by one of the following:
AB110-AA1,1f 9Section 1f. 101.654 (2) (a) 2. a. of the statutes is created to read:
AB110-AA1,1,1010 101.654 (2) (a) 2. a. An insurer authorized to do business in this state.
AB110-AA1,1g 11Section 1g. 101.654 (2) (a) 2. b. of the statutes is created to read:
AB110-AA1,1,1312 101.654 (2) (a) 2. b. An insurer that is eligible to provide insurance as a surplus
13lines insurer in one or more states.
AB110-AA1,1j
1Section 1j. 611.02 (1) (a) of the statutes is amended to read:
AB110-AA1,2,52 611.02 (1) (a) Domestic insurers. This chapter applies to all insurance
3corporations, including domestic surplus lines insurers, as defined in s. 618.40 (3m),
4organized under the laws of this state, except those expressly governed by other
5chapters.
AB110-AA1,1m 6Section 1m. 611.20 (5) of the statutes is created to read:
AB110-AA1,2,97 611.20 (5) Domestic surplus lines insurance. The commissioner may issue to
8a domestic insurer a certificate of authority to do business in this state as a domestic
9surplus lines insurer, as defined in s. 618.40 (3m).”.
AB110-AA1,2,10 102. Page 2, line 3: after that line insert:
AB110-AA1,2,11 11 Section 1r. 618.41 (1) of the statutes is amended to read:
AB110-AA1,2,1612 618.41 (1) General permission. A domestic surplus lines insurer or a
13nondomestic insurer which has not obtained a certificate of authority to do business
14in this state under s. 618.12 may negotiate for and make insurance contracts with
15persons in this state and on risks located in this state, subject to the limitations and
16requirements specified in this section.
AB110-AA1,1t 17Section 1t. 618.41 (3) of the statutes is amended to read:
AB110-AA1,2,2318 618.41 (3) Solicitation prohibited. Nothing in subs. (1) and (2) permits the
19solicitation of business in this state by or on behalf of an insurer without a certificate
20of authority. The commissioner may by rule prescribe the manner in which
21insurance agents or brokers may advertise the availability of their services in
22procuring, on behalf of persons seeking insurance, contracts with domestic surplus
23lines insurers or with
insurers without a certificate of authority.”.
AB110-AA1,2,24 243. Page 3, line 8: after that line insert:
AB110-AA1,3,4
1“4. If the insurer applying for a certificate under this subsection has issued
2insurance policies in this state as a domestic insurer, the insurer includes in its
3application a plan for the insurer's proposed treatment of those policies in
4compliance with chs. 600 to 655.”.
AB110-AA1,3,5 54. Page 3, line 9: delete lines 9 to 11 and substitute:
AB110-AA1,3,6 6“(b) A domestic surplus lines insurer is subject to chs. 600 to 655 as follows:
AB110-AA1,3,97 1. A domestic surplus lines insurer is subject to all requirements of this
8subchapter and the requirements that apply to a domestic insurer organized under
9ch. 611.
AB110-AA1,3,1610 2. Notwithstanding subd. 1., a surplus lines insurance policy issued in this
11state by a domestic surplus lines insurer is only subject to the requirements of this
12section and the rules promulgated under this section and shall be exempt from all
13statutory requirements, including requirements relating to insurance rating plans,
14policy forms, policy cancellation and nonrenewal, and premium charged to the
15insured, in the same manner as a surplus lines insurance policy issued by a
16nondomestic insurer.
AB110-AA1,3,2017 3. Nothing in this section shall be construed to affect the application of ch. 646
18to insurance policies that were issued by a domestic insurer prior to that domestic
19insurer obtaining a certificate to do business as a domestic surplus lines insurer
20under this subsection.”.
AB110-AA1,3,21 215. Page 3, line 21: after that line insert:
AB110-AA1,3,24 22“(g) A domestic surplus lines insurer, after obtaining a certificate to do business
23as a domestic surplus lines insurer under this section, may not apply to the
24commissioner to issue policies other than as a domestic surplus lines insurer.”.
AB110-AA1,4,1
16. Page 3, line 24: after that line insert:
AB110-AA1,4,2 2 Section 5m. Initial applicability.
AB110-AA1,4,63 (1) The renumbering and amendment of section 101.654 (2) (a) 2. of the statutes
4and the creation of section 101.654 (2) (a) 2. a. and b. of the statutes first apply to an
5application for a certificate of financial responsibility submitted to the department
6of safety and professional services on the effective date of this subsection.”.
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