AB150-SA7,1,8
42. Page 175, line 16: decrease the dollar amount for fiscal year 1996-97 by
5$2,204,100 for the purpose of decreasing the authorized FTE positions for the
6department of agriculture, trade and consumer protection by 43.8 GPR positions on
7July 1, 1996, for the performance of consumer protection investigation and
8enforcement functions, and adjust the net appropriation totals accordingly.
AB150-SA7,1,11
93. Page 176, line 8: decrease the dollar amount for fiscal year 1996-97 by
10$94,200 to decrease funding for unfair sales act enforcement functions being
11transferred to the department of justice.
AB150-SA7,1,15
124. Page 295, line 12: increase the dollar amount for fiscal year 1996-97 by
13$1,687,078 for the purpose of increasing the authorized FTE positions for the
14department of justice by 32.6 GPR positions on July 1, 1996, for the performance of
15consumer protection investigation and enforcement functions.
AB150-SA7,2,3
3"
Section 476t. 20.115 (1) (r) of the statutes is renumbered 20.455 (2) (rz).".
AB150-SA7,2,8
8"
Section 3601h. 100.18 (11) (a) of the statutes is amended to read:
AB150-SA7,2,139
100.18
(11) (a) The department of
agriculture, trade and consumer protection 10justice shall enforce this section. Actions to enjoin violation of this section or any
11regulations thereunder may be commenced and prosecuted by the department
of
12justice in the name of the state in any court having equity jurisdiction. This remedy
13is not exclusive.
AB150-SA7,2,2215
100.18
(11) (b) 1. The
department of agriculture, trade and consumer
16protection may request that the department of justice
may commence an action to
17enjoin a violation of this section
, in which event the latter department shall proceed
18with the requested action within a reasonable period of time or provide the
19department of agriculture, trade and consumer protection with a brief statement of
20its reasons for not proceeding. The department of justice shall further provide the
21department of agriculture, trade and consumer protection with periodic summaries
22of all activity under this section.
AB150-SA7,3,9
1100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.
AB150-SA7,3,1311
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.
AB150-SA7,3,1815
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.
AB150-SA7,3,2420
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department
of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.
AB150-SA7,4,10
1100.18
(11) (d) The
department or the department of justice or any district
2attorney, upon informing the department of justice, may commence an action in
3circuit court in the name of the state to restrain by temporary or permanent
4injunction any violation of this section. The court may in its discretion, prior to entry
5of final judgment, make such orders or judgments as may be necessary to restore to
6any person any pecuniary loss suffered because of the acts or practices involved in
7the action, provided proof thereof is submitted to the satisfaction of the court. The
8department of justice may subpoena persons
, and require the production of books
9and other documents
, and may request the department to exercise its authority
10under par. (c) to aid in the investigation of alleged violations of this section.
AB150-SA7,4,2112
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
13section, the
department or the department of justice may accept a written assurance
14of discontinuance of any act or practice alleged to be a violation of this section from
15the person who has engaged in such act or practice. The acceptance of such assurance
16by
either the department or the department of justice shall be deemed acceptance by
17the other state officials enumerated in par. (d) if the terms of the assurance so
18provide. An assurance entered into pursuant to this section shall not be considered
19evidence of a violation of this section, provided that violation of such an assurance
20shall be treated as a violation of this section, and shall be subjected to all the
21penalties and remedies provided therefor.".
AB150-SA7,4,24
24"
Section 3601u. 100.20 (2) of the statutes is amended to read:
AB150-SA7,5,6
1100.20
(2) The department
of justice, after public hearing, may issue general
2orders forbidding methods of competition in business or trade practices in business
3which are determined by the department
of justice to be unfair. The department
of
4justice, after public hearing, may issue general orders prescribing methods of
5competition in business or trade practices in business which are determined by the
6department
of justice to be fair.
AB150-SA7,5,148
100.20
(3) The department
of justice, after public hearing, may issue a special
9order against any person, enjoining such person from employing any method of
10competition in business or trade practice in business which is determined by the
11department
of justice to be unfair or from providing service in violation of sub. (1t).
12The department
of justice, after public hearing, may issue a special order against any
13person, requiring such person to employ the method of competition in business or
14trade practice in business which is determined by the department
of justice to be fair.
AB150-SA7,5,2417
100.20
(6) The department
of justice may commence an action in circuit court
18in the name of the state to restrain by temporary or permanent injunction the
19violation of any order issued under this section. The court may in its discretion, prior
20to entry of final judgment make such orders or judgments as may be necessary to
21restore to any person any pecuniary loss suffered because of the acts or practices
22involved in the action, provided proof thereof is submitted to the satisfaction of the
23court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 24investigate violations of any order issued under this section.".
AB150-SA7,6,6
6"
Section 3608s. 100.30 (4) of the statutes is amended to read:
AB150-SA7,6,107
100.30
(4) Penalties. For any violation of sub. (3), the department
of justice 8or a district attorney may commence an action on behalf of the state to recover a
9forfeiture of not less than $50 nor more than $500 for the first violation and not less
10than $200 nor more than $2,500 for each subsequent violation.
AB150-SA7,6,1912
100.30
(5) (a) The department
of justice may issue a special order
as provided
13in s. 93.18 against a retailer or wholesaler requiring the retailer or wholesaler to
14cease and desist from violating this section in the sale of cigarettes or other tobacco
15products, fermented malt beverages, intoxicating liquor or wine or motor vehicle
16fuel. The department
of justice or a district attorney may commence an action on
17behalf of the state against a retailer or wholesaler who violates a special order issued
18under this paragraph to recover a forfeiture of not less than $200 nor more than
19$5,000 for each violation.
AB150-SA7,7,221
100.30
(5) (b) The department
of justice or a district attorney may bring an
22action to enjoin a violation of this section without being compelled to allege or prove
23that an adequate remedy at law does not exist. An action under this paragraph may
24be commenced and prosecuted by the department
of justice or a district attorney, in
1the name of the state, in a circuit court in the county where the offense occurred or
2in Dane county, notwithstanding s. 801.50.".
AB150-SA7,7,8
8"
Section 4148x. 136.04 (2) of the statutes is amended to read:
AB150-SA7,7,139
136.04
(2) The department of
agriculture, trade and consumer protection 10justice after public hearing may issue general or special orders to carry out the
11purposes of this chapter and to determine and prohibit unfair trade practices in
12business or unfair methods of competition in business pursuant to s. 100.20 (2)
to (4) 13and (3).".
AB150-SA7,7,21
21"
(6x) Transfer of consumer protection function.
AB150-SA7,8,7
22(a) Assets and liabilities. On the effective date of this paragraph, all assets and
23liabilities of the department of agriculture, trade and consumer protection primarily
1related to its consumer protection investigation and enforcement functions under
2sections 100.18, 100.20 and 100.30 of the statutes shall become the assets and
3liabilities of the department of justice. The departments of justice and agriculture,
4trade and consumer protection shall jointly determine these assets and liabilities
5and shall jointly develop and implement a plan for the orderly transfer thereof. In
6the event of any disagreement between the departments, the secretary of
7administration shall decide the question.
AB150-SA7,8,12
8(b) Employe transfers. All incumbents holding positions in the department of
9agriculture, trade and consumer protection that are primarily related to its
10consumer protection investigation and enforcement functions under sections 100.18,
11100.20 and 100.30 of the statutes, as determined by the secretary of administration,
12are transferred on the effective date of this paragraph to the department of justice.
AB150-SA7,8,18
13(c) Employe status. Employes transferred under paragraph (b) have all the
14rights and the same status under subchapter V of chapter 111 and chapter 230 of the
15statutes in the department of justice that they enjoyed in the department of
16agriculture, trade and consumer protection immediately before the transfer.
17Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
18has attained permanent status in class is required to serve a probationary period.
AB150-SA7,9,2
19(d) Supplies and equipment. On the effective date of this paragraph, all
20tangible personal property, including records, of the department of agriculture, trade
21and consumer protection primarily related to its consumer protection investigation
22and enforcement functions under sections 100.18, 100.20 and 100.30 of the statutes
23are transferred to the department of justice. The departments of justice and
24agriculture, trade and consumer protection shall jointly identify the tangible
25personal property, including records, and shall jointly develop and implement a plan
1for the orderly transfer thereof. In the event of any disagreement between the
2departments, the secretary of administration shall decide the question.
AB150-SA7,9,10
3(e) Pending matters. Any matter pending with the department of agriculture,
4trade and consumer protection on the effective date of this paragraph that is
5primarily related to its consumer protection investigation and enforcement
6functions under sections 100.18, 100.20 and 100.30 of the statutes is transferred to
7the department of justice. All materials submitted or actions taken by the
8department of agriculture, trade and consumer protection with respect to the
9pending matter are considered as having been submitted to or taken by the
10department of justice.
AB150-SA7,9,21
11(f) Contracts. All contracts entered into by the department of agriculture,
12trade and consumer protection in effect on the effective date of this paragraph that
13are primarily related to its consumer protection investigation and enforcement
14functions under sections 100.18, 100.20 and 100.30 of the statutes remain in effect
15and are transferred to the department of justice. The departments of justice and
16agriculture, trade and consumer protection shall jointly identify these contracts and
17shall jointly develop and implement a plan for the orderly transfer thereof. In the
18event of any disagreement between the departments, the secretary of administration
19shall decide the question. The department of justice shall carry out any such
20contractual obligations until modified or rescinded by the department of justice to
21the extent allowed under the contract.
AB150-SA7,9,25
22(g) Rules and orders. All rules promulgated by the department of agriculture,
23trade and consumer protection that are in effect on the effective date of this
24paragraph and that are primarily related to its consumer protection investigation
25and enforcement functions under sections 100.18, 100.20 and 100.30 of the statutes
1remain in effect until their specified expiration date or until amended or repealed by
2the department of justice. All orders issued by the department of agriculture, trade
3and consumer protection that are in effect on the effective date of this paragraph and
4that are primarily related to its consumer protection investigation and enforcement
5functions under sections 100.18, 100.20 and 100.30 of the statutes remain in effect
6until their specified expiration date or until modified or rescinded by the department
7of justice.".
AB150-SA7,10,15
11"
(6x) Transfer of certain consumer protection functions. The treatment of
12sections 100.18 (11) (a), (b) 1., (c) 1., 2., 3. and 4., (d) and (e), 100.20 (2), (3), (4) and
13(6), 100.30 (4) and (5) (a) and (b) and 136.04 (2) of the statutes, the renumbering of
14section 20.115 (1) (r) of the statutes and
Section 9104 (6x) of this act take effect on
15July 1, 1996.".
