Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,478,18 (3) Disclosure of false information. Disclose or threaten to disclose information adversely affecting the lessee's reputation for credit worthiness with knowledge or reason to know that the information is false.

AB133-ASA1-AA2,478,24 (4) Communication with lessee's employer. Initiate or threaten to initiate communication with the lessee's employer prior to obtaining final judgment against the lessee, except as permitted by statute, including specifically s. 422.404. This subsection does not prohibit a rental-purchase company from communicating with a lessee's employer solely to verify employment status or earnings or to determine if the employer has an established debt counseling service or procedure.

AB133-ASA1-AA2,479,3 (5) Disclosure of information regarding a disputed debt. Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the lessee without disclosing the fact that the lessee disputes the debt.

AB133-ASA1-AA2,479,8 (6) Harassment. Communicate with the lessee or a person related to the lessee with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the lessee or engage in any other conduct which can reasonably be expected to threaten or harass the lessee or a person related to the lessee.

AB133-ASA1-AA2,479,10 (7) Use of obscene or threatening language. Use obscene or threatening language in communicating with the lessee or a person related to the lessee.

AB133-ASA1-AA2,479,12 (8) Use of threat to enforce false right. Threaten to enforce a right with knowledge that the right does not exist.

AB133-ASA1-AA2,479,15 (9) Use of false process. Use a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, government agency or attorney-at-law when it is not.

AB133-ASA1-AA2,479,18 (10) Use of threat to sue. Threaten to file a civil action against the lessee unless such action is taken in the regular course of business or is intended with respect to the lessee in question.

AB133-ASA1-AA2,479,23 435.701 Civil actions and defenses. (1) Liability; generally. Except as provided under sub. (2), a a rental-purchase company that violates any provision of this chapter is liable to a lessee damaged as a result of that violation for the costs of the action and for reasonable attorney fees as determined by the court, plus an amount equal to the greater of the following:

AB133-ASA1-AA2,479,25 (a) The actual damages, including any incidental and consequential damages, sustained by the lessee as a result of the violation.

AB133-ASA1-AA2,480,3 (b) An amount equal to 25% of the total amount of payments due in one month under the lessee's rent-to-own agreement, except that liability under this paragraph may not be less than $100 nor more than $1,000.

AB133-ASA1-AA2,480,7 (2) Liability; certain violations. If a rent-to-own agreement violates s. 435.403, the lessee shall be entitled to retain the rental property without obligation to pay any amount and to recover any sums paid to the rental-purchase company pursuant to the transaction.

AB133-ASA1-AA2,480,18 (3) Class action. In the case of a class action, a rental-purchase company that violates this chapter is liable to the members of the class in an amount determined by the court, except that the total recovery for all lessees whose recovery is computed pursuant to sub. (1) (b) may not exceed $100,000 plus the costs of the action and reasonable attorney fees as determined by the court. In determining the amount to award under this subsection, the court shall consider, among other relevant factors, the amount of actual damages sustained by members of the class, the frequency and persistence of violations by the rental-purchase company, the resources of the rental-purchase company, the number of persons damaged by the violation, the presence or absence of good faith on the part of the rental-purchase company, and the extent to which the violation was intentional.

AB133-ASA1-AA2,480,23 (4) Defense; error notification and correction. A rental-purchase company is not liable for a violation of this chapter resulting from an error by the rental-purchase company if, within 60 days after discovering the error, the rental-purchase company notifies the lessee of the error and makes any adjustments necessary to correct the error.

AB133-ASA1-AA2,481,6 (5) Defense; unintentional error. A rental-purchase company is not liable for a violation of this chapter if the rental-purchase company shows by a preponderance of the evidence that the violation was not intentional, that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors and that the rental-purchase company has acted to correct the error. A bona fide error under this subsection includes a clerical error, an error in making calculations, an error due to computer malfunction or computer programming, or a printing error.

AB133-ASA1-AA2,481,10 (6) Necessary parties. If more than one lessee is a party to the same rent-to-own agreement, all of the lessees that are parties to the rent-to-own agreement shall be joined as plaintiffs in any action under sub. (1) and the lessees are entitled to only a single recovery under sub. (1).

AB133-ASA1-AA2,481,15 (7) Liability for multiple violations. Multiple violations of this chapter in connection with the same rent-to-own agreement shall only entitle the lessee to a single recovery under sub. (1), except that a violation of s. 435.602 that occurs after recovery has been granted with respect to that rent-to-own agreement may entitle the lessee to an additional recovery under sub. (1).

AB133-ASA1-AA2,481,20 435.702 Limitation on actions. An action brought by a lessee under this chapter shall be commenced within one year after the date on which the alleged violation occurred, 2 years after the date on which the rent-to-own agreement was entered into, or one year after the date on which the last payment was made under the rent-to-own agreement, whichever is later.".

AB133-ASA1-AA2,481,21 971. Page 1365, line 25: after that line insert:

AB133-ASA1-AA2,481,22 " Section 2841mt. 440.08 (2) (a) 14f. of the statutes is created to read:

AB133-ASA1-AA2,481,23 440.08 (2) (a) 14f. Athletic trainer: July 1 of each even-numbered year; $41.".

AB133-ASA1-AA2,481,24 972. Page 1375, line 12: after that line insert:

AB133-ASA1-AA2,482,1 " Section 2922g. 440.947 of the statutes is created to read:

AB133-ASA1-AA2,482,3 440.947 Disclosures and representations for certain sales. (1) In this section:

AB133-ASA1-AA2,482,9 (a) "Cash advance item" means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. "Cash advance item" includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates.

AB133-ASA1-AA2,482,12 (b) "Direct cremation service" means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present.

AB133-ASA1-AA2,482,13 (c) "Outer burial container" has the meaning given in s. 157.061 (11g).

AB133-ASA1-AA2,482,15 (d) "Person" does not include a person issued a funeral director's license under ch. 445 or an operator of a funeral establishment, as defined in s. 445.01 (7).

AB133-ASA1-AA2,482,19 (2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following:

AB133-ASA1-AA2,482,20 (a) The name, address and telephone number of the person's place of business.

AB133-ASA1-AA2,482,21 (b) The effective date of the price list.

AB133-ASA1-AA2,483,2 (c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale.

AB133-ASA1-AA2,483,7 (d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: "State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements."

AB133-ASA1-AA2,483,14 (e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: "If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation]."

AB133-ASA1-AA2,483,17 (f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.

AB133-ASA1-AA2,483,19 (g) The amount and a description of any basic service fee that is charged in addition to any price described under pars. (c), (e) or (f).

AB133-ASA1-AA2,483,22 (3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following:

AB133-ASA1-AA2,483,24 (a) The price and a description of the casket, outer burial container or cemetery merchandise.

AB133-ASA1-AA2,484,2 (b) The price and a description of any service specified in sub. (2) (e) or (f) that is sold in addition to the casket, outer burial container or cemetery merchandise.

AB133-ASA1-AA2,484,4 (c) The amount and a description of any basic service fee that is charged in addition to any price described under par. (a) or (b).

AB133-ASA1-AA2,484,7 (d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase.

AB133-ASA1-AA2,484,11 (e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer.

AB133-ASA1-AA2,484,13 (4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following:

AB133-ASA1-AA2,484,15 (a) Provide inaccurate information regarding the information specified in sub. (2) (c), (e), (f) or (g) to a prospective buyer who contacts the person by telephone.

AB133-ASA1-AA2,484,17 (b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service.

AB133-ASA1-AA2,484,20 (c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise.

AB133-ASA1-AA2,484,23 (d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time.

AB133-ASA1-AA2,484,25 (e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party.

AB133-ASA1-AA2,485,2 (f) Alter a price specified in sub. (2) (c), (e), (f) or (g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer.

AB133-ASA1-AA2,485,8 (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department upon request.

AB133-ASA1-AA2, s. 2922r Section 2922r. 440.95 (3) of the statutes is amended to read:

AB133-ASA1-AA2,485,12 440.95 (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.".

AB133-ASA1-AA2,485,13 973. Page 1375, line 20: after that line insert:

AB133-ASA1-AA2,485,14 " Section 2923r. 452.12 (3) (c) of the statutes is created to read:

AB133-ASA1-AA2,485,17 452.12 (3) (c) The department shall promulgate rules that specify the responsibility and supervision requirements under this subsection and the most appropriate means for a broker to fulfill such requirements.".

AB133-ASA1-AA2,485,18 974. Page 1375, line 20: after that line insert:

AB133-ASA1-AA2,485,20 " Section 2923t. Subchapter VI of chapter 448 [precedes 448.95] of the statutes is created to read:

AB133-ASA1-AA2,485,21 Chapter 448

AB133-ASA1-AA2,485,24 Subchapter VI Athletic trainers affiliated credentialing board

AB133-ASA1-AA2,486,1 448.95 Definitions. In this subchapter:

AB133-ASA1-AA2,486,3 (1) "Affiliated credentialing board" means the athletic trainers affiliated credentialing board.

AB133-ASA1-AA2,486,5 (2) "Athlete" means a person participating in vigorous activities, sports, games or recreation.

AB133-ASA1-AA2,486,6 (3) "Athletic injury" means any of the following:

AB133-ASA1-AA2,486,8 (a) An injury or illness sustained by an athlete as a result of the athlete's participation in exercise, sports, games or recreation.

AB133-ASA1-AA2,486,10 (b) An injury or illness that impedes or prevents an athlete from participating in exercise, sports, games or recreation.

AB133-ASA1-AA2,486,11 (4) "Athletic trainer" means an individual who engages in athletic training.

AB133-ASA1-AA2,486,12 (5) "Athletic training" means doing any of the following:

AB133-ASA1-AA2,486,13 (a) Preventing, recognizing and evaluating athletic injuries.

AB133-ASA1-AA2,486,14 (b) Managing and administering the initial treatment of athletic injuries.

AB133-ASA1-AA2,486,15 (c) Giving emergency care or first aid for an athletic injury.

AB133-ASA1-AA2,486,16 (d) Rehabilitating and physically reconditioning athletic injuries.

AB133-ASA1-AA2,486,19 (5m) "Consulting physician" means a person licensed as a physician under subch. II who consults with an athletic trainer while the athletic trainer is engaging in athletic training.

AB133-ASA1-AA2,486,21 (6) "Licensee" means a person who is licensed as an athletic trainer under this subchapter.

AB133-ASA1-AA2,487,2 448.951 Use of title. Except as provided in s. 448.952, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation which represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

AB133-ASA1-AA2,487,4 448.952 Applicability. This subchapter does not require a license under this subchapter for any of the following:

AB133-ASA1-AA2,487,7 (1) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government, if the person does not represent himself or herself as an athletic trainer.

AB133-ASA1-AA2,487,10 (2) An athletic training student practicing athletic training within the scope of the student's education or training, if he or she clearly indicates that he or she is an athletic training student.

AB133-ASA1-AA2,487,15 (3) An athletic trainer who is in this state temporarily with an individual or group that is participating in a specific athletic event or series of athletic events and who is licensed, certified or registered by another state or country or certified as an athletic trainer by the Board of Certification of the National Athletic Trainers Association.

AB133-ASA1-AA2,487,17 448.9525 Duties of affiliated credentialing board. (1) The affiliated credentialing board shall do all of the following:

AB133-ASA1-AA2,487,19 (a) Maintain a complete list of athletic trainers licensed under this subchapter that includes the address of each person on the list.

AB133-ASA1-AA2,487,21 (b) Provide a copy of the list maintained under par. (a) to any person who requests a copy.

AB133-ASA1-AA2,487,22 (c) Prescribe a form for the recording of a protocol required under s. 448.956 (1).

AB133-ASA1-AA2,487,25 (d) Promulgate rules establishing the minimum amount of liability insurance or surety bonding that a licensee must have to be eligible for renewal of his or her license.

AB133-ASA1-AA2,488,3 (2) Subject to s. 448.956 (1), (4) and (5), the affiliated credentialing board and the medical examining board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1).

AB133-ASA1-AA2,488,5 448.953 Licensure of athletic trainers. (1) The affiliated credentialing board shall grant an athletic trainer license to a person who does all of the following:

AB133-ASA1-AA2,488,7 (a) Submits an application for the license to the department on a form provided by the department.

AB133-ASA1-AA2,488,8 (b) Pays the fee specified in s. 440.05 (1).

AB133-ASA1-AA2,488,11 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have an arrest or conviction record.

AB133-ASA1-AA2,488,14 (d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a history of alcohol or other drug abuse.