2001 Wisconsin Act 109

109,263mj Section 263mj. 100.182 (5) (a) of the statutes is amended to read:

100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

109,263mm Section 263mm. 100.182 (5) (b) of the statutes is amended to read:

100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department of justice prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

109,263mp Section 263mp. 100.20 (2) (a) of the statutes is amended to read:

100.20 (2) (a) The department of justice, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department of justice to be unfair. The department of justice, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department of justice to be fair.

109,263mr Section 263mr. 100.20 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

100.20 (2) (b) Notwithstanding par. (a), the department of justice may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a manufactured home park operator, as defined in s. 101.91 (8), or manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

109,263mt Section 263mt. 100.20 (3) of the statutes is amended to read:

100.20 (3) The department of justice, after public hearing, may issue a special order against any person, enjoining such person from employing any method of competition in business or trade practice in business which is determined by the department of justice to be unfair or from providing service in violation of sub. (1t). The department of justice, after public hearing, may issue a special order against any person, requiring such person to employ the method of competition in business or trade practice in business which is determined by the department of justice to be fair.

109,263mv Section 263mv. 100.20 (4) of the statutes is amended to read:

100.20 (4) The If the department of justice may file a written complaint with the department alleging that the has reason to believe that a person named is employing unfair methods of competition in business or unfair trade practices in business or both. Whenever such a complaint is filed, it shall be the duty of the department of justice to proceed, after proper notice and in accordance with its rules, to the hearing and adjudication of the matters alleged, and a representative of the department of justice designated by the attorney general may appear before the department in such proceedings. The department of justice shall be entitled to judicial review of the decisions and orders of the department under ch. 227 matter.

109,263mx Section 263mx. 100.20 (6) of the statutes is amended to read:

100.20 (6) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of any order issued under this section. The court may in its discretion, prior to entry of final judgment make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department of justice may use its authority in ss. 93.14 and 93.15 to investigate violations of any order issued under this section.

109,263mz Section 263mz. 100.201 (6) (d) of the statutes is amended to read:

100.201 (6) (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department of justice may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.

109,263nb Section 263nb. 100.201 (8m) (intro.) of the statutes is amended to read:

100.201 (8m) Jurisdiction. (intro.) This section shall apply to transactions, acts or omissions which take place in whole or in part outside this state. In any action or administrative proceeding the department of justice has jurisdiction of the person served under s. 801.11 when any act or omission outside this state by the defendant or respondent results in local injury or may have the effect of injuring competition or a competitor in this state or unfairly diverts trade or business from a competitor, if at the time:

109,263nd Section 263nd. 100.201 (9) (b) of the statutes is amended to read:

100.201 (9) (b) The department, after public hearing held under s. 93.18, may issue a special order against any person requiring such person to cease and desist from acts, practices or omissions determined by the department to violate this section. Such orders shall be subject to judicial review under ch. 227. Any violation of a special order issued hereunder shall be punishable as a contempt under ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the filing of an affidavit by the department of justice of the commission of such violation in any court of record in the county where the violation occurred.

109,263nf Section 263nf. 100.201 (9) (c) of the statutes is amended to read:

100.201 (9) (c) The department of justice, in addition to or in lieu of any other remedies herein provided, may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin any person from violating this section or any special order of the department of agriculture, trade and consumer protection issued hereunder under this section, without being compelled to allege or prove that an adequate remedy at law does not exist.

109,263nj Section 263nj. 100.205 (7) of the statutes is amended to read:

100.205 (7) The department of justice, or any district attorney on informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.

109,263nm Section 263nm. 100.205 (8) of the statutes is amended to read:

100.205 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.

109,263nn Section 263nn. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

109,263no Section 263no. 100.207 (1) (a) of the statutes is created to read:

100.207 (1) (a) Notwithstanding s. 93.01 (3), "department" means the department of justice.

109,263nq Section 263nq. 100.207 (6) (b) 1. of the statutes is amended to read:

100.207 (6) (b) 1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

109,263nt Section 263nt. 100.207 (6) (b) 2. of the statutes is amended to read:

100.207 (6) (b) 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to shall administer this section. The department and the department of justice may subpoena persons and, require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of investigate alleged violations of this section.

109,263nv Section 263nv. 100.207 (6) (c) of the statutes is amended to read:

100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.

109,263nz Section 263nz. 100.207 (6) (em) 1. of the statutes is amended to read:

100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

109,263pb Section 263pb. 100.207 (6) (em) 2. of the statutes is amended to read:

100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

109,263pf Section 263pf. 100.208 (2) (intro.) of the statutes is amended to read:

100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:

109,263pj Section 263pj. 100.208 (2) (b) of the statutes is amended to read:

100.208 (2) (b) The department of justice has issued an order under s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.

109,263pm Section 263pm. 100.209 (3) of the statutes is amended to read:

100.209 (3) Rules and local ordinances allowed. This section does not prohibit the department of justice from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).

109,263pp Section 263pp. 100.209 (4) (b) of the statutes is amended to read:

100.209 (4) (b) The department of justice and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

109,263ps Section 263ps. 100.2095 (6) (b) of the statutes is amended to read:

100.2095 (6) (b) The department of justice may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (3), (4) or (5). Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.

109,263pv Section 263pv. 100.2095 (6) (c) of the statutes is amended to read:

100.2095 (6) (c) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).

109,264 Section 264. 100.2095 (6) (d) of the statutes is amended to read:

100.2095 (6) (d) A person who violates sub. (3), (4) or (5) may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than one year 9 months or both. Each day of violation constitutes a separate offense.

109,264d Section 264d. 100.21 (2) (a) of the statutes is amended to read:

100.21 (2) (a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is also an unfair method of competition and trade practice prohibited under s. 100.20.

109,264h Section 264h. 100.21 (4) (a) (intro.) of the statutes is amended to read:

100.21 (4) (a) (intro.) The department may, after public hearing, issue general or special orders under s. 100.20:

109,264p Section 264p. 100.22 (4) (b) of the statutes is amended to read:

100.22 (4) (b) The department of justice may, without alleging or proving that no other adequate remedy at law exists, bring an action to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.

109,264t Section 264t. 100.235 (11) (a) of the statutes is amended to read:

100.235 (11) (a) Forfeiture. Any person who violates this section or any rule promulgated or order issued under this section may be required to forfeit not less than $100 nor more than $10,000. Notwithstanding s. 165.25 (1), the department may commence an action to recover a forfeiture under this paragraph.

109,265 Section 265. 100.26 (2) of the statutes is amended to read:

100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and 6 months or both is guilty of a Class I felony.

109,266 Section 266. 100.26 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

100.26 (5) Any person violating s. 100.18 (9) shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both. Each day of violation constitutes a separate offense.

109,266m Section 266m. 100.26 (6) of the statutes is amended to read:

100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of Any person violating an injunction issued under s. 100.18, 100.182 or 100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000 for each violation. Any person violating an order issued under s. 100.20 is subject to a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.

109,267 Section 267. 100.26 (7) of the statutes is amended to read:

100.26 (7) Any person violating s. 100.182 shall may be fined not less than $500 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

109,267kb Section 267kb. 100.261 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of ch. 98, a rule promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

109,267kd Section 267kd. 100.261 (3) (d) of the statutes is created to read:

100.261 (3) (d) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of this chapter, a rule promulgated under this chapter, or an ordinance enacted under this chapter in the general fund and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to the limit under par. (e).

109,267ke Section 267ke. 100.261 (3) (e) of the statutes is created to read:

100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $185,000 in each fiscal year.

109,267kf Section 267kf. 100.263 of the statutes is amended to read:

100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice amounts awarded under this subsection shall deposit be deposited in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

109,267kh Section 267kh. 100.28 (4) (b) of the statutes is amended to read:

100.28 (4) (b) In lieu of or in addition to forfeitures under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

109,267kj Section 267kj. 100.28 (4) (c) of the statutes is amended to read:

100.28 (4) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

109,267kL Section 267kL. 100.31 (4) of the statutes is amended to read:

100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

109,267kn Section 267kn. 100.31 (5) of the statutes is amended to read:

100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

109,267ko Section 267ko. 100.37 (1) (am) of the statutes is created to read:

100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.