Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,493,2 (c) Liability insurance or a surety bond in at least the minimum amount required by the rules promulgated under s. 448.9525 (1) (d).

AB133-ASA1-AA2,493,4 (3) A renewal application form for renewal of a license issued under this subchapter shall include all of the following:

AB133-ASA1-AA2,493,7 (a) A place for the licensee to describe his or her work history, including the average number of hours worked each week, for the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a).

AB133-ASA1-AA2,493,10 (c) A statement, signed by the licensee and the licensee's consulting physician, that a current copy of the protocol required under s. 448.956 (1) is on file at the place of employment of the athletic trainer and of the consulting physician.

AB133-ASA1-AA2,493,16 448.956 Practice requirements. (1) (a) A licensee may engage in athletic training only in accordance with an evaluation and treatment protocol that is established by the athletic trainer and approved by the consulting physician in accordance with the rules promulgated under s. 448.9525 (2) and recorded on a protocol form prescribed by the affiliated credentialing board under s. 448.9525 (1) (c).

AB133-ASA1-AA2,493,19 (am) A protocol established under par. (a) shall require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.

AB133-ASA1-AA2,493,21 (b) A licensee shall have a copy of the protocol established under par. (a) at his or her place of employment at all times.

AB133-ASA1-AA2,493,23 (c) A protocol established under par. (a) shall be updated no later than 30 days before the date specified in s. 440.08 (2) (a) 14f.

AB133-ASA1-AA2,493,25 (2) In addition to engaging in athletic training under a protocol established under sub. (1), a licensee may do any of the following:

AB133-ASA1-AA2,494,4 (a) Monitor the general behavior and general physical response of a person to treatment and rehabilitation, including monitoring whether the person's behavior or response show abnormal characteristics and monitoring whether the person exhibits abnormal signs or symptoms.

AB133-ASA1-AA2,494,7 (b) Suggest modifications in treatment or rehabilitation of an injured person to the consulting physician or any other health care provider who is providing treatment to the person.

AB133-ASA1-AA2,494,10 (c) Develop and administer an athletic training program for a person. An athletic training program under this paragraph may include providing education and counseling to a person.

AB133-ASA1-AA2,494,12 (3) When working on behalf of his or her primary employer, a licensee may, in accordance with a protocol established under sub. (1) (a), do all of the following:

AB133-ASA1-AA2,494,14 (a) Treat and rehabilitate an athletic injury using cold, heat, light, sound, electricity, exercise, chemicals or mechanical devices.

AB133-ASA1-AA2,494,16 (b) Evaluate and treat a person for an athletic injury that has not previously been diagnosed.

AB133-ASA1-AA2,494,21 (c) Treat or rehabilitate an employe of the primary employer with an injury that is identical to an athletic injury and that has resulted from an occupational activity as directed, supervised and inspected by a physician, as defined in s. 448.01 (5), or by a person licensed under s. 446.02, who has the power to direct, decide and oversee the implementation of the treatment or rehabilitation.

AB133-ASA1-AA2,495,2 (4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448 and who can provide appropriate treatment to the patient.

AB133-ASA1-AA2,495,4 (5) A licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.

AB133-ASA1-AA2,495,8 448.957 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB133-ASA1-AA2,495,12 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or may deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

AB133-ASA1-AA2,495,14 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB133-ASA1-AA2,495,16 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of athletic training.

AB133-ASA1-AA2,495,17 (c) Advertised in a manner that is false, deceptive or misleading.

AB133-ASA1-AA2,495,18 (d) Advertised, practiced or attempted to practice under another's name.

AB133-ASA1-AA2,495,20 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced athletic training while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.

AB133-ASA1-AA2,495,21 (f) Engaged in unprofessional or unethical conduct.

AB133-ASA1-AA2,495,23 (g) Engaged in conduct while practicing athletic training that evidences a lack of knowledge or ability to apply professional principles or skills.

AB133-ASA1-AA2,495,25 (h) Failed to cooperate with the affiliated credentialing board in an investigation under this section.

AB133-ASA1-AA2,496,2 (i) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

AB133-ASA1-AA2,496,3 (j) Violated this subchapter or any rule promulgated under this subchapter.

AB133-ASA1-AA2,496,6 (3) In addition to or in lieu of the penalties provided under sub. (2), the affiliated credentialing board may assess against an applicant or licensee a forfeiture of not more than $10,000 for each violation specified under sub. (2).

AB133-ASA1-AA2,496,12 448.958 Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB133-ASA1-AA2,496,15 448.959 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB133-ASA1-AA2, s. 2923v Section 2923v. 450.10 (3) (a) 5q. of the statutes is created to read:

AB133-ASA1-AA2,496,17 450.10 (3) (a) 5q. An athletic trainer licensed under subch. VI of ch. 448.".

AB133-ASA1-AA2,496,18 975. Page 1375, line 20: after that line insert:

AB133-ASA1-AA2,496,19 " Section 2923mm. 445.125 (1) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,496,22 445.125 (1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made irrevocable as to the first $2,000 $2,500 of the funds paid under the agreement by each depositor.".

AB133-ASA1-AA2, s. 2923mn Section 2923mn. 445.125 (1) (a) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,497,3 445.125 (1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made irrevocable as to the first $2,500 $3,000 of the funds paid under the agreement by each depositor.".

AB133-ASA1-AA2,497,4 976. Page 1376, line 21: after that line insert:

AB133-ASA1-AA2,497,5 " Section 2929c. 560.01 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,498,4 560.01 (2) (a) State economic policy. The department shall develop a state economic policy. The department shall promote and provide technical assistance, consultative services and other assistance to commercial, industrial and recreational development and expansion; facilitate the establishment and retention of business enterprises in this state, including small and minority business enterprises; encourage cooperation between financial institutions and business persons to encourage commercial, industrial and recreational business expansion in this state; encourage creation of jobs throughout the state and especially in urban and rural economically depressed areas; develop and coordinate state public and private economic development plans and federal economic development assistance programs affecting local governments and business and industry; advise, assist and cooperate with the biotechnology development finance company under s. 234.64; encourage the growth of tourism in the state; promote state products and industries in both foreign and domestic markets; provide informational clearinghouses for businesses and communities in their dealings with other state and federal agencies; advise the governor and legislature on the role of the state in state-local affairs; study the problems affecting local government relations as they impact on economic development and make recommendations for relieving these problems; develop a state-local relations policy to facilitate closer coordination and cooperation between state and local governments; advise the governor and the legislature regarding problems faced by local governments; develop an improved pattern of state-local relations; and develop recommendations for legislative or administrative action as may appear necessary.".

AB133-ASA1-AA2,498,5 977. Page 1376, line 21: after that line insert:

AB133-ASA1-AA2,498,6 " Section 2927a. 552.23 (1) of the statutes is amended to read:

AB133-ASA1-AA2,498,17 552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation subject to regulation by the division of banking, a savings bank or savings and loan association subject to regulation by the division of savings and loan institutions, or a company subject to regulation by the public service commission, the department of transportation or the office of the commissioner of railroads, the division of securities shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.".

AB133-ASA1-AA2,498,18 978. Page 1378, line 12: after that line insert:

AB133-ASA1-AA2,498,19 " Section 2937p. 560.12 (1) (ae) of the statutes is amended to read:

AB133-ASA1-AA2,498,21 560.12 (1) (ae) "Recyclable material" means a material identified in s. 287.07 (3), 1997 stats., or s. 287.07 (4) , 1997 stats., that is recovered from solid waste.".

AB133-ASA1-AA2,498,22 979. Page 1382, line 24: delete "annually" and substitute "in each fiscal year".

AB133-ASA1-AA2,498,23 980. Page 1383, line 5: delete lines 5 and 6 and substitute:

AB133-ASA1-AA2,499,3 "(b) The department may not expend more than $500,000 in fiscal year 1999-2000, or more than $1,000,000 in any fiscal year thereafter, in grants to the city of Milwaukee under this subsection.".

AB133-ASA1-AA2,499,4 981. Page 1383, line 11: delete "each year" and substitute "each fiscal year".

AB133-ASA1-AA2,499,5 982. Page 1383, line 15: delete "annually" and substitute "in a fiscal year".

AB133-ASA1-AA2,499,6 983. Page 1383, line 19: delete "annually" and substitute "in each fiscal year".

AB133-ASA1-AA2,499,7 984. Page 1384, line 7: delete "each year" and substitute "each fiscal year".

AB133-ASA1-AA2,499,8 985. Page 1400, line 18: after that line insert:

AB133-ASA1-AA2,499,9 " Section 3021c. 560.835 (7) (b) of the statutes is amended to read:

AB133-ASA1-AA2,499,13 560.835 (7) (b) The department shall deposit in the recycling fund appropriation account under s. 20.143 (1) (L) all moneys received after July 1, 1995 the effective date of this paragraph .... [revisor inserts date], in repayment of loans made under this section.".

AB133-ASA1-AA2,499,14 986. Page 1400, line 18: after that line insert:

AB133-ASA1-AA2,499,15 " Section 3020p. 560.835 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,499,19 560.835 (1) (c) The development and operation of a facility to process materials recovered from a solid waste management program that complies with s. 287.07 (1m), (3) or (4) or the development and operation of a solid waste collection business if the solid waste collected is used in the production of a product.".

AB133-ASA1-AA2,499,20 987. Page 1401, line 5: after that line insert:

AB133-ASA1-AA2,499,21 " Section 3023t. 565.02 (2) (e) of the statutes is created to read:

AB133-ASA1-AA2,500,2 565.02 (2) (e) If requested by a lottery prize winner to provide a certification that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold under s. 565.30 (4), (5), (5m) and (5r), the administrator shall provide the certification.".

AB133-ASA1-AA2,500,3 988. Page 1402, line 19: after that line insert:

AB133-ASA1-AA2,500,4 " Section 3025w. 565.45 of the statutes is amended to read:

AB133-ASA1-AA2,500,9 565.45 Report on expense limitation. Before January 1, 1992 2002, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 10% expense limitation under s. 25.75 (3) (b).".

AB133-ASA1-AA2,500,10 989. Page 1402, line 19: after that line insert:

AB133-ASA1-AA2,500,12 " Section 3025m. 565.30 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1-AA2,501,13 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 and the name, address and social security number of each person to whom a lottery prize equal to or greater than $1,000 has been assigned to the department of revenue to determine whether the payee or assignee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of workforce development or its designee under s. 49.855 (1) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee or assignee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee or assignee.

AB133-ASA1-AA2, s. 3025p Section 3025p. 565.30 (5m) of the statutes is renumbered 565.30 (5m) (a) and amended to read:

AB133-ASA1-AA2,502,4 565.30 (5m) (a) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments and the name, address and social security number or federal income tax number of the person who has been assigned a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee or assignee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The Subject to par. (b), the administrator shall withhold the certified amount from each payment made to the winner or assignee and remit the certified amount to the department of workforce development.

AB133-ASA1-AA2, s. 3025pc Section 3025pc. 565.30 (5m) (b) of the statutes is created to read:

AB133-ASA1-AA2,502,10 565.30 (5m) (b) The administrator may not withhold from any payment to an assignee of a lottery prize any child support, spousal support, maintenance or family support specified in par. (a) that is owed by a winner of a lottery prize, nor may the administrator withhold from any payment to a winner any child support, spousal support maintenance or family support that is owed by an assignee.

AB133-ASA1-AA2, s. 3025pf Section 3025pf. 565.30 (5r) (a) of the statutes is amended to read:

AB133-ASA1-AA2,502,15 565.30 (5r) (a) Annually, the administrator shall provide each clerk of circuit court in the state with a list of the winners or assignees of a lottery prize that is payable in instalments. The list shall include each winner or assignee since the date of the previous list.

AB133-ASA1-AA2, s. 3025pg Section 3025pg. 565.30 (5r) (b) of the statutes is amended to read:

AB133-ASA1-AA2,503,8 565.30 (5r) (b) If Subject to par. (c), if the administrator receives a notice under s. 973.05 (5) (a) or 778.30 (2) (a) of the assignment of lottery prizes under s. 973.05 (4) (c) or 778.30 (1) (c) and determines that the person subject to the assignment is a winner or assignee of a lottery prize that is payable in instalments, the administrator shall withhold the amount of the judgment that is the basis of the assignment from the next instalment payment. The administrator shall submit the withheld amount to the court that issued the assignment. At the time of the submittal, the administrator shall charge the administrative expenses related to that withholding and submittal to the winner or assignee of the lottery prize and withhold those expenses from the balance of the instalment payment. The administrator shall notify the winner or assignee of the reason that the amount is withheld from the instalment payment. If the initial instalment payment is insufficient to pay the judgment and administrative expenses, the administrator shall withhold and submit to the court an amount from any additional instalment payments until the judgment and administrative expenses are paid in full and the assignment is no longer in effect. The administrative expenses received by the department shall be credited to the appropriation under s. 20.566 (1) (h).

AB133-ASA1-AA2, s. 3025ph Section 3025ph. 565.30 (5r) (c) of the statutes is created to read:

AB133-ASA1-AA2,503,13 565.30 (5r) (c) The administrator may not withhold from any payment to an assignee of a lottery prize the amount specified in par. (b) that is owed by a winner of a lottery prize, nor may the administrator withhold from any payment to a winner the amount specified in par. (b) that is owed by an assignee.

AB133-ASA1-AA2, s. 3025pj Section 3025pj. 565.30 (5t) of the statutes is amended to read:

AB133-ASA1-AA2,503,17 565.30 (5t) Priority of withholding. (intro.) The administrator shall withhold payments under this section from a winner or assignee of a lottery prize in the following order:

AB133-ASA1-AA2, s. 3025pL Section 3025pL. 565.30 (6) of the statutes is repealed.

AB133-ASA1-AA2, s. 3025pm Section 3025pm. 565.30 (6m) of the statutes is created to read:

AB133-ASA1-AA2,503,22 565.30 (6m) Use of lottery prize as security for loan. (a) Definition. In this subsection, "prize winner" means a person who has won a lottery prize and any other person who is authorized by law to use a lottery prize as security for a loan.

AB133-ASA1-AA2,503,25 (b) Security for a loan. A prize winner may use a lottery prize or part of a lottery prize as security for a loan only pursuant to a court order issued under this subsection.

AB133-ASA1-AA2,504,7 (c) Judicial process for using lottery prizes as security for loans. Any prize winner who intends to use part or all of a lottery prize as security for a loan shall petition the circuit court of the county in which the prize winner resides or the circuit court of Dane County for a court order confirming the use of a lottery prize as security for a loan. The circuit court of the county in which the prize winner resides or the circuit court of Dane County shall issue an order confirming the use of a lottery prize as security for a loan only if all of the following occur:

AB133-ASA1-AA2,504,8 1. The prize winner is represented by independent legal counsel.