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601.465
(3) (h) Group capital calculation and liquidity stress test filings and
9any related information provided by an insurer under rules promulgated under s.
10617.13 (1), which are not subject to subch. II of ch. 19 and are subject only to the
11confidentiality provisions of s. 617.13 (2).
SB588,4
1Section
4. 601.48 (1m) of the statutes is created to read:
SB588,4,32
601.48
(1m) Accreditation. (a) The office shall maintain accreditation with
3the National Association of Insurance Commissioners.
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(b) Notwithstanding s. 230.14, the commissioner may adopt minimum
5education and certification requirements for job classification levels that monitor the
6financial solvency of insurers as necessary to meet accreditation and best practice
7standards established by the National Association of Insurance Commissioners.
8Any minimum education and certification requirement adopted under this
9paragraph shall apply only to employees placed into the classification level after the
10requirement is adopted and may not apply to employees who were in that
11classification level prior to the adoption of the requirement.
SB588,5
12Section 5
. 601.64 (3) (c) of the statutes is amended to read:
SB588,4,2413
601.64
(3) (c)
Forfeiture for violation of statute or rule. Whoever violates an
14insurance statute or rule or s. 149.13, 2011 stats., intentionally aids a person in
15violating an insurance statute or rule or s. 149.13, 2011 stats., or knowingly permits
16a person over whom he or she has authority to violate an insurance statute or rule
17or s. 149.13, 2011 stats., shall forfeit to the state not more than $1,000 for each
18violation
, except that whoever violates an insurance statute or rule, intentionally
19aids a person in violating an insurance statute or rule, or knowingly permits a person
20over whom he or she has authority to violate an insurance statute or rule shall, if the
21violation specifically involves a consumer who is an adult at risk, as defined in s.
2255.01 (1e), or an individual who is at least 60 years of age, forfeit to the state not more
23than $5,000 for each violation. If the statute or rule imposes a duty to make a report
24to the commissioner, each week of delay in complying with the duty is a new violation.
SB588,6
1Section
6. 601.954 (2) (f) (intro.) and 2. of the statutes, as created by
2021
2Wisconsin Act 73, are consolidated, renumbered 601.954 (2) (f) and amended to read:
SB588,5,53
601.954
(2) (f)
Exceptions for certain entities. This subsection does not apply
4to any
of the following: 2. An entity that is described in
45 CFR 164.104 (a), if the
5entity complies with the requirements of
45 CFR part 164.
SB588,7
6Section
7. 601.954 (2) (f) 1. of the statutes is repealed.
SB588,8
7Section
8. 611.40 (1) of the statutes is amended to read:
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611.40
(1) Meetings, notices, quorums and voting. Sections 180.0701 to
9180.0703, 180.0705,
180.0709, 180.0721 to 180.0727 and 180.1708 (3) apply to stock
10corporations. Each director of a stock corporation shall be elected by a plurality of
11the votes cast by the shares entitled to vote in the election at a meeting at which a
12quorum is present.
SB588,9
13Section 9
. 611.42 (1) of the statutes is amended to read:
SB588,5,1614
611.42
(1) General. Subject to this section and s. 611.53, ss. 181.0701
(1), (2),
15and (4) to (6), 181.0702
(1) to (3) and (5),
181.0705 (1) to (4), 181.0722 (1) to (3),
16181.0723, and 181.0727 apply to mutuals.
SB588,10
17Section
10. 611.42 (1b) of the statutes is created to read:
SB588,5,2118
611.42
(1b) Place of meetings. (a) A mutual may hold an annual, regular, or
19special meeting of policyholders in or outside this state at the place stated in or fixed
20in accordance with the bylaws. If no place is stated in or fixed in accordance with the
21bylaws, the mutual shall hold the annual meeting at its principal office.
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(b) Notwithstanding par. (a), a mutual's bylaws may authorize the board of
23directors, in its sole discretion, to determine that an annual, regular, or special
24meeting of policyholders may be held solely by means of remote communication as
25authorized under s. 611.426.
SB588,11
1Section
11. 611.42 (1e) (b) (intro.) of the statutes is amended to read:
SB588,6,62
611.42
(1e) (b) (intro.) The court may fix the time and place of the meeting
or
3determine that the meeting shall be held solely by means of remote communication
4as provided under s. 611.426. The court shall require that the meeting be called and
5conducted in accordance with the mutual's articles of incorporation and bylaws, in
6so far as possible, except that the court may do all of the following:
SB588,12
7Section
12. 611.42 (1g) of the statutes is created to read:
SB588,6,108
611.42
(1g) Notice of meetings. (a)
When required. A mutual shall give notice
9of meetings of policyholders as provided in its bylaws or, if the bylaws are silent, in
10a manner that is fair and reasonable.
SB588,6,1411
(b)
In general. A notice that conforms to the requirements of par. (c) is fair and
12reasonable. Except for matters referred to in par. (c) 2., other means of giving notice
13may also be fair and reasonable when all of the circumstances are considered.
14Section 181.0141 applies to notices provided under this subsection.
SB588,6,1615
(c)
Notice safe harbor. Notice is fair and reasonable if all of the following
16conditions exist:
SB588,6,2217
1. The mutual notifies its policyholders of the date, time, and, if applicable,
18place of each annual, regular, and special meeting of policyholders not more than 60
19days and not less than 10 days, or, if notice is mailed by any type other than first class
20or registered mail, 30 days, before the meeting date. If the board of directors has
21authorized participation by means of remote communication under s. 611.426, the
22notice shall describe the means of remote communication to be used.
SB588,6,2523
2. Notice of an annual or regular meeting includes a description of any matter
24or matters that must be approved by the policyholders under s. 181.0723 (2),
25181.0831, 181.0873 (4), 181.1003, 181.1021, 181.1105, 181.1202, or 181.1401.
SB588,7,2
13. Notice of a special meeting includes a description of the matter or matters
2for which the meeting is called.
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(d)
Adjourned meetings. Unless the bylaws require otherwise, if an annual,
4regular, or special meeting of policyholders is adjourned to a different date, time, or
5place or will be held by a new means of remote communication, notice need not be
6given of the new date, time, place, or means of remote communication if the new date,
7time, place, or means of remote communication is announced at the meeting before
8adjournment. If a new record date for the adjourned meeting is or must be fixed
9under s. 181.0707, notice of the adjourned meeting must be given under this
10subsection to the policyholders of record as of the new record date.
SB588,13
11Section
13. 611.426 of the statutes is created to read:
SB588,7,16
12611.426 Remote participation in policyholder meetings. (1) If
13authorized by the board of directors in its sole discretion, and subject to sub. (2) and
14any guidelines and procedures adopted by the board of directors, policyholders and
15proxies of policyholders not physically present at a meeting of policyholders may
16participate in the meeting by means of remote communication.
SB588,7,21
17(2) If policyholders and proxies of policyholders participate in a meeting of
18policyholders by means of remote communication, the participating policyholders
19and proxies of policyholders shall be considered to be present in person and
20permitted to vote at the meeting, whether the meeting is held at a designated place
21or solely by means of remote communication, if all of the following apply: