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.
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.
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.
109,267kp
Section 267kp. 100.38 (5) of the statutes is amended to read:
100.38 (5) Inspection. The department
of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.
109,267kq
Section 267kq. 100.38 (6) of the statutes is amended to read:
100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.
109,267kr
Section 267kr. 100.41 (1) (bn) of the statutes is created to read:
100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.
109,267ks
Section 267ks. 100.42 (1) (cm) of the statutes is created to read:
100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.
109,267kt
Section 267kt. 100.43 (1) (am) of the statutes is created to read:
100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.
109,267ku
Section 267ku. 100.44 (5) of the statutes is amended to read:
100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any
pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.
109,267kv
Section 267kv. 100.46 (1) of the statutes is amended to read:
100.46
(1) Energy conservation standards. The department
of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under
42 USC 6291 to
6309.
109,267kw
Section 267kw. 100.46 (2) of the statutes is amended to read:
100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).
109,267kx
Section 267kx. 100.50 (6) (b) of the statutes is amended to read:
100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.
109,267ky
Section 267ky. 100.50 (6) (c) of the statutes is amended to read:
100.50 (6) (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).
109,267kz
Section 267kz. 100.52 (1) (bn) of the statutes is created to read:
100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.
101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes; the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).
101.10 (4) (b) Except as provided in par. (c), any person who violates sub. (3) may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months, or both, for each violation is guilty of a Class I felony. Notwithstanding s. 101.02 (12), each act in violation of sub. (3) constitutes a separate offense.
109,269
Section 269. 101.143 (10) (b) of the statutes is amended to read:
101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.
109,269m
Section 269m. 101.175 (3) (intro.) of the statutes is amended to read:
101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
109,269r
Section 269r. 101.563 of the statutes is created to read:
101.563 Payments without regard to eligibility; calendar years 2000 to 2004. (1) Entitlement to dues. (a) Payments from calendar year 2000 dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department shall pay the amount determined under sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town was eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of the fire department dues.
(b) Payments from dues for calendar years 2001 to 2004. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.
(2) Distribution of dues. (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer under par. (b) 1., the department shall certify to the state treasurer the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.
(b) Payments from dues for calendar years 2001 to 2004. 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 (3) (a), by the 30th day following the effective date of this subdivision .... [revisor inserts date], the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer under s. 101.57 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).
2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.
3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.
(3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding s. 101.575 (1) (am) and (4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with s. 101.575 (6) and s. 101.14 (2). This subsection does not apply after August 1, 2005.
109,269t
Section 269t. 101.573 (4) of the statutes is amended to read:
101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.
109,270
Section 270. 101.9204 (2) of the statutes is amended to read:
101.9204 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.
109,271
Section 271. 101.94 (8) (b) of the statutes is amended to read:
101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
109,272
Section 272. 102.835 (11) of the statutes is amended to read:
102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.
109,273
Section 273. 102.835 (18) of the statutes is amended to read:
102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
109,274
Section 274. 102.85 (3) of the statutes is amended to read:
102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.
109,274c
Section 274c. 103.49 (5) (a) of the statutes is amended to read:
103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.
109,274cj
Section 274cj. 103.50 (6m) of the statutes is created to read:
