AB1-ASA1-CA1,243,135
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
6a person is in possession, custody or control of any information or documentary
7material relevant to the enforcement of this section it may require that person to
8submit a statement or report, under oath or otherwise, as to the facts and
9circumstances concerning any activity in the course of trade or commerce; examine
10under oath that person with respect to any activity in the course of trade or
11commerce; and execute in writing and cause to be served upon such person a civil
12investigative demand requiring the person to produce any relevant documentary
13material for inspection and copying.
AB1-ASA1-CA1,243,1715
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
16subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
17any investigation.
AB1-ASA1-CA1,243,2219
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
20a person to file a statement or report, or service of a subpoena upon a person, or
21service of a civil investigative demand shall be made in compliance with the rules of
22civil procedure of this state.
AB1-ASA1-CA1,244,324
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.
AB1-ASA1-CA1,244,155
100.18
(11) (d) The
department or the department of justice
, after consulting
6with the department, or any district attorney, upon informing the department
of
7justice, may commence an action in circuit court in the name of the state to restrain
8by temporary or permanent injunction any violation of this section. The court may
9in its discretion, prior to entry of final judgment, make such orders or judgments as
10may be necessary to restore to any person any pecuniary loss suffered because of the
11acts or practices involved in the action, provided proof thereof is submitted to the
12satisfaction of the court. The
department and the department of justice may
13subpoena persons and require the production of books and other documents
, and the
14department of justice may request the department to exercise its authority under
15par. (c) to aid in the investigation of alleged violations of this section.
AB1-ASA1-CA1,245,217
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
18section,
the department or the department of justice may accept a written assurance
19of discontinuance of any act or practice alleged to be a violation of this section from
20the person who has engaged in such act or practice. The acceptance of such assurance
21by
either the department or the department of justice shall be deemed acceptance by
22the other state officials enumerated in par. (d)
any district attorney if the terms of
23the assurance so provide. An assurance entered into pursuant to this section shall
24not be considered evidence of a violation of this section, provided that violation of
1such an assurance shall be treated as a violation of this section, and shall be
2subjected to all the penalties and remedies provided therefor.
AB1-ASA1-CA1,245,94
100.182
(5) (a) Any district attorney, after informing the department
of justice,
5or the department
of justice may seek a temporary or permanent injunction in circuit
6court to restrain any violation of this section. Prior to entering a final judgment the
7court may award damages to any person suffering monetary loss because of a
8violation. The department
of justice may subpoena any person or require the
9production of any document to aid in investigating alleged violations of this section.
AB1-ASA1-CA1,245,1711
100.182
(5) (b) In lieu of instituting or continuing an action under this
12subsection, the department
of justice may accept a written assurance from a violator
13of this section that the violation has ceased. If the terms of the assurance so provide,
14its acceptance by the department
of justice prevents all district attorneys from
15prosecuting the violation. An assurance is not evidence of a violation of this section
16but violation of an assurance is subject to the penalties and remedies of violating this
17section.
AB1-ASA1-CA1,245,2419
100.20
(2) (a) The department
of justice, after public hearing, may issue
20general orders forbidding methods of competition in business or trade practices in
21business which are determined by the department
of justice to be unfair. The
22department
of justice, after public hearing, may issue general orders prescribing
23methods of competition in business or trade practices in business which are
24determined by the department
of justice to be fair.
AB1-ASA1-CA1,246,73
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
4any order or promulgate any rule that regulates the provision of water or sewer
5service by a manufactured home park operator, as defined in s. 101.91 (8), or
6manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
7to the extent that the rule regulates the provision of such water or sewer service.
AB1-ASA1-CA1,246,159
100.20
(3) The department
of justice, after public hearing, may issue a special
10order against any person, enjoining such person from employing any method of
11competition in business or trade practice in business which is determined by the
12department
of justice to be unfair or from providing service in violation of sub. (1t).
13The department
of justice, after public hearing, may issue a special order against any
14person, requiring such person to employ the method of competition in business or
15trade practice in business which is determined by the department
of justice to be fair.
AB1-ASA1-CA1,246,2517
100.20
(4) The If the department of justice
may file a written complaint with
18the department alleging that the has reason to believe that a person
named is
19employing unfair methods of competition in business or unfair trade practices in
20business or both
. Whenever such a complaint is filed
, it shall be the duty of the
21department
of justice to proceed, after proper notice and in accordance with its rules,
22to the hearing and adjudication of the
matters alleged, and a representative of the
23department of justice designated by the attorney general may appear before the
24department in such proceedings. The department of justice shall be entitled to
25judicial review of the decisions and orders of the department under ch. 227 matter.
AB1-ASA1-CA1,247,92
100.20
(6) The department
of justice may commence an action in circuit court
3in the name of the state to restrain by temporary or permanent injunction the
4violation of any order issued under this section. The court may in its discretion, prior
5to entry of final judgment make such orders or judgments as may be necessary to
6restore to any person any pecuniary loss suffered because of the acts or practices
7involved in the action, provided proof thereof is submitted to the satisfaction of the
8court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 9investigate violations of any order issued under this section.
AB1-ASA1-CA1,247,1411
100.201
(6) (d) The failure to pay fees under this subsection within the time
12provided under par. (c) is a violation of this section. The department
of justice may
13also commence an action to recover the amount of any overdue fees plus interest at
14the rate of 2% per month for each month that the fees are delinquent.
AB1-ASA1-CA1,247,2216
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
17acts or omissions which take place in whole or in part outside this state. In any action
18or administrative proceeding the department
of justice has jurisdiction of the person
19served under s. 801.11 when any act or omission outside this state by the defendant
20or respondent results in local injury or may have the effect of injuring competition
21or a competitor in this state or unfairly diverts trade or business from a competitor,
22if at the time:
AB1-ASA1-CA1,248,624
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
25issue a special order against any person requiring such person to cease and desist
1from acts, practices or omissions determined by the department to violate this
2section. Such orders shall be subject to judicial review under ch. 227. Any violation
3of a special order issued hereunder shall be punishable as a contempt under ch. 785
4in the manner provided for disobedience of a lawful order of a court, upon the filing
5of an affidavit by the department
of justice of the commission of such violation in any
6court of record in the county where the violation occurred.
AB1-ASA1-CA1,248,138
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
9remedies herein provided, may apply to a circuit court for a temporary or permanent
10injunction to prevent, restrain or enjoin any person from violating this section or any
11special order of the department
of agriculture, trade and consumer protection issued
12hereunder under this section, without being compelled to allege or prove that an
13adequate remedy at law does not exist.
AB1-ASA1-CA1,248,2215
100.205
(7) The department
of justice, or any district attorney on informing the
16department
of justice, may commence an action in circuit court in the name of the
17state to restrain by temporary or permanent injunction any violation of this section.
18The court may, before entry of final judgment and after satisfactory proof, make
19orders or judgments necessary to restore to any person any pecuniary loss suffered
20because of a violation of this section. The department
of justice may conduct
21hearings, administer oaths, issue subpoenas and take testimony to aid in its
22investigation of violations of this section.
AB1-ASA1-CA1,249,3
1100.205
(8) The department
of justice or any district attorney may commence
2an action in the name of the state to recover a forfeiture to the state of not more than
3$10,000 for each violation of this section.
AB1-ASA1-CA1, s. 263nn
4Section 263nn. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
5and amended to read:
AB1-ASA1-CA1,249,76
100.207
(1) Definition
Definitions. (intro.) In this section
,
7"telecommunications:
AB1-ASA1-CA1,249,8
8(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
AB1-ASA1-CA1,249,1110
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
11department of justice.
AB1-ASA1-CA1,249,2313
100.207
(6) (b) 1. The department
of justice, after consulting with the
14department of agriculture, trade and consumer protection, or any district attorney
15upon informing the department
of agriculture, trade and consumer protection, may
16commence an action in circuit court in the name of the state to restrain by temporary
17or permanent injunction any violation of this section. Injunctive relief may include
18an order directing telecommunications providers, as defined in s. 196.01 (8p), to
19discontinue telecommunications service provided to a person violating this section
20or ch. 196. Before entry of final judgment, the court may make such orders or
21judgments as may be necessary to restore to any person any pecuniary loss suffered
22because of the acts or practices involved in the action if proof of these acts or practices
23is submitted to the satisfaction of the court.
AB1-ASA1-CA1,250,6
1100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
2to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
3department of justice may subpoena persons
and, require the production of books
4and other documents, and
the department of justice may request the department of
5agriculture, trade and consumer protection to exercise its authority to aid in the
6investigation of investigate alleged violations of this section.
AB1-ASA1-CA1,250,128
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
9forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
10paragraph shall be enforced by the department
of justice, after consulting with the
11department of agriculture, trade and consumer protection, or, upon informing the
12department, by the district attorney of the county where the violation occurs.
AB1-ASA1-CA1,250,1814
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
15department shall form an advisory group to suggest recommendations regarding the
16content and scope of the proposed rule. The advisory group shall consist of one or
17more persons who may be affected by the proposed rule
, a representative from the
18department of justice and a representative from the public service commission.
AB1-ASA1-CA1,250,2220
100.207
(6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
AB1-ASA1-CA1,250,2524
100.208
(2) (intro.) The department
of justice shall notify the public service
25commission if any of the following conditions exists:
AB1-ASA1-CA1,251,42
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
3(3) prohibiting a telecommunications provider from engaging in an unfair trade
4practice or method of competition.
AB1-ASA1-CA1,251,106
100.209
(3) Rules and local ordinances allowed. This section does not
7prohibit the department
of justice from promulgating a rule or from issuing an order
8consistent with its authority under this chapter that gives a subscriber greater rights
9than the rights under sub. (2) or prohibit a city, village or town from enacting an
10ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB1-ASA1-CA1,251,1312
100.209
(4) (b) The department
of justice and the district attorneys of this state
13have concurrent authority to institute civil proceedings under this section.
AB1-ASA1-CA1,251,1915
100.2095
(6) (b) The department
of justice may commence an action in the
16name of the state to restrain by temporary or permanent injunction a violation of sub.
17(3), (4) or (5). Before entry of final judgment, the court may make any necessary
18orders to restore to any person any pecuniary loss suffered by the person because of
19the violation.
AB1-ASA1-CA1,251,2321
100.2095
(6) (c) The department
of justice or any district attorney may
22commence an action in the name of the state to recover a forfeiture to the state of not
23less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).".
AB1-ASA1-CA1,252,62
100.21
(2) (a) No person may make an energy savings or safety claim without
3a reasonable and currently accepted scientific basis for the claim when the claim is
4made. Making an energy savings or safety claim without a reasonable and currently
5accepted scientific basis is
also an unfair method of competition and trade practice
6prohibited under s. 100.20.
AB1-ASA1-CA1,252,98
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
9or special orders
under s. 100.20:
AB1-ASA1-CA1,252,1411
100.22
(4) (b) The department
of justice may, without alleging or proving that
12no other adequate remedy at law exists, bring an action to enjoin violations of this
13section or a special order issued under this section in the circuit court for the county
14where the alleged violation occurred.
AB1-ASA1-CA1,252,1916
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
17promulgated or order issued under this section may be required to forfeit not less
18than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
19may commence an action to recover a forfeiture under this paragraph.".
AB1-ASA1-CA1,253,722
100.26
(6) The department, the department of justice, after consulting with the
23department, or any district attorney may commence an action in the name of the
24state to recover a civil forfeiture to the state of not less than $100 nor more than
1$10,000 for each violation of Any person violating an injunction issued under s.
2100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
3protection or any district attorney may commence an action in the name of the state
4to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
5for each violation. Any person violating an order issued under s. 100.20 is subject
6to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
7violation
of an order issued under s. 100.20.".
AB1-ASA1-CA1,254,411
101.01
(11) "Place of employment" includes every place, whether indoors or out
12or underground and the premises appurtenant thereto where either temporarily or
13permanently any industry, trade, or business is carried on, or where any process or
14operation, directly or indirectly related to any industry, trade, or business, is carried
15on, and where any person is, directly or indirectly, employed by another for direct or
16indirect gain or profit, but does not include any place where persons are employed
17in private domestic service which does not involve the use of mechanical power or in
18farming. "Farming" includes those activities specified in s. 102.04 (3)
, and also
19includes; the transportation of farm products, supplies, or equipment directly to the
20farm by the operator of the farm or employees for use thereon, if such activities are
21directly or indirectly for the purpose of producing commodities for market, or as an
22accessory to such production
; and the operation of a horse boarding facility or horse
23training facility that does not contain an area for the public to view a horse show.
24When used with relation to building codes, "place of employment" does not include
1an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11,
2a previously constructed building used as a community-based residential facility, as
3defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the
4operator or administrator.
AB1-ASA1-CA1,254,157
101.01
(12) "Public building" means any structure, including exterior parts of
8such building, such as a porch, exterior platform, or steps providing means of ingress
9or egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
10traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation
11to building codes, "public building" does not include
a horse boarding facility or horse
12training facility that does not contain an area for the public to view a horse show or 13a previously constructed building used as a community-based residential facility as
14defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the
15operator or administrator or an adult family home, as defined in s. 50.01 (1).".
AB1-ASA1-CA1,254,2319
100.261
(3) (b) The state treasurer shall deposit the consumer protection
20assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
2198, or an ordinance enacted under ch. 98 in the general fund and shall credit them
22to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
23(c).
AB1-ASA1-CA1,255,5
1100.261
(3) (d) The state treasurer shall deposit the consumer protection
2assessment amounts imposed for a violation of this chapter, a rule promulgated
3under this chapter, or an ordinance enacted under this chapter in the general fund
4and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
5the limit under par. (e).
AB1-ASA1-CA1,255,87
100.261
(3) (e) The amount credited to the appropriation account under s.
820.455 (1) (g) may not exceed $185,000 in each fiscal year.
