Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,253,5 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB1-SSA1-SA2,253,7 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB1-SSA1-SA2,253,9 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.".

AB1-SSA1-SA2,253,10 334. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,253,11 " Section 259d. 93.07 (1) of the statutes is amended to read:

AB1-SSA1-SA2,253,17 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.".

AB1-SSA1-SA2,253,18 335. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,253,19 " Section 259c. 93.02 of the statutes is amended to read:

AB1-SSA1-SA2,254,2 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant or. Any administrator shall be appointed by the secretary with the approval of the board.".

AB1-SSA1-SA2,254,3 336. Page 154, line 17: after that line insert:

AB1-SSA1-SA2,254,4 " Section 259u. 93.14 (1m) of the statutes is created to read:

AB1-SSA1-SA2,254,7 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB1-SSA1-SA2,254,9 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB1-SSA1-SA2, s. 259v Section 259v. 93.14 (3) of the statutes is amended to read:

AB1-SSA1-SA2,254,13 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB1-SSA1-SA2, s. 259w Section 259w. 93.15 (1) of the statutes is amended to read:

AB1-SSA1-SA2,254,19 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB1-SSA1-SA2, s. 259x Section 259x. 93.15 (2) of the statutes is amended to read:

AB1-SSA1-SA2,255,2 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.".

AB1-SSA1-SA2,255,3 337. Page 154, line 17: after that line insert:

AB1-SSA1-SA2,255,4 " Section 259sd. 93.07 (23) of the statutes is created to read:

AB1-SSA1-SA2,255,9 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208, 100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30, and 100.51.

AB1-SSA1-SA2, s. 259se Section 259se. 93.07 (24) of the statutes is amended to read:

AB1-SSA1-SA2,255,12 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 100 and all other laws entrusted to its administration, and especially:

AB1-SSA1-SA2,255,15 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

AB1-SSA1-SA2,255,17 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

AB1-SSA1-SA2,255,22 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

AB1-SSA1-SA2,256,3 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB1-SSA1-SA2, s. 259sf Section 259sf. 93.18 (3) of the statutes is amended to read:

AB1-SSA1-SA2,256,16 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

AB1-SSA1-SA2, s. 259sh Section 259sh. 93.18 (7) of the statutes is created to read:

AB1-SSA1-SA2,256,20 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

AB1-SSA1-SA2, s. 259sj Section 259sj. 93.20 (1) of the statutes is amended to read:

AB1-SSA1-SA2,256,25 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127 or an action that is commenced in court by the department of justice to enforce ch. 100.

AB1-SSA1-SA2, s. 259sm Section 259sm. 93.22 (1) of the statutes is amended to read:

AB1-SSA1-SA2,257,3 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

AB1-SSA1-SA2, s. 259sp Section 259sp. 93.22 (2) of the statutes is amended to read:

AB1-SSA1-SA2,257,8 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.".

AB1-SSA1-SA2,257,9 338. Page 154, line 18: after that line insert:

AB1-SSA1-SA2,257,10 " Section 260h. 93.38 (3m) of the statutes is created to read:

AB1-SSA1-SA2,257,16 93.38 (3m) The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances under sub. (2) or (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards under s. 281.16 (3) and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.

AB1-SSA1-SA2, s. 260hp Section 260hp. 93.70 of the statutes is renumbered 281.52.".

AB1-SSA1-SA2,257,18 339. Page 154, line 18: after that line insert:

AB1-SSA1-SA2,257,19 " Section 260cm. 93.75 of the statutes is repealed.".

AB1-SSA1-SA2,257,20 340. Page 154, line 18: delete that line.

AB1-SSA1-SA2,257,21 341. Page 155, line 7: after that line insert:

AB1-SSA1-SA2,257,22 " Section 262r. 100.155 of the statutes is created to read:

AB1-SSA1-SA2,258,2 100.155 Sale of gift certificates; period of validity. (1) Period of validity. No person engaged in the business of selling goods or services may sell a gift certificate unless the period of validity for the redemption of the gift certificate is at least 2 years.

AB1-SSA1-SA2,258,6 (2) Remedies. (a) The department may commence an action to restrain the violation of this section. The court may, before the entry of final judgment, make such orders or judgments as may be necessary to restore any pecuniary loss suffered by any person because of the violation of this section.

AB1-SSA1-SA2,258,10 (b) The court may order a person who commits a violation of this section to pay the reasonable and necessary costs of investigation and of prosecution incurred by the department, including attorney fees, related to the violation, notwithstanding s. 814.04 (1).".

AB1-SSA1-SA2,258,11 342. Page 155, line 7: after that line insert:

AB1-SSA1-SA2,258,12 " Section 262m. 100.07 (6) of the statutes is amended to read:

AB1-SSA1-SA2,258,15 100.07 (6) Action Upon request of the department, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.".

AB1-SSA1-SA2,258,16 343. Page 155, line 13: after that line insert:

AB1-SSA1-SA2,258,18 " Section 263b. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB1-SSA1-SA2,258,20 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB1-SSA1-SA2,258,21 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB1-SSA1-SA2, s. 263d Section 263d. 100.207 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,258,24 100.207 (1) (am) "Telecommunications provider" has the meaning given in s. 196.01 (8p).

AB1-SSA1-SA2, s. 263f Section 263f. 100.207 (3) (a) of the statutes is amended to read:

AB1-SSA1-SA2,259,11 100.207 (3) (a) A person may not engage in negative option billing or negative enrollment of telecommunications services, including unbundled telecommunications services. A person may not bill a customer for , or enroll a customer in, any telecommunications service that the customer did not affirmatively order unless that service is required to be provided by law, the federal communications commission, or the public service commission. A customer's failure to refuse a person's proposal to provide a telecommunications service is not an affirmative request for that telecommunications service. A customer's request to be enrolled in a particular telecommunications service is an affirmative request to be enrolled only in that particular telecommunications service.

AB1-SSA1-SA2, s. 263h Section 263h. 100.207 (3g) of the statutes is created to read:

AB1-SSA1-SA2,259,15 100.207 (3g) Billing for other services. (a) A telecommunications provider may not bill a customer for any goods or services, other than telecommunications services, unless the customer consented to the billing.

AB1-SSA1-SA2,259,17 (b) If a customer consents to being billed under par. (a), all of the following shall apply:

AB1-SSA1-SA2,259,20 1. The telecommunications provider shall distinguish the billing for the other goods or services from the billing for the telecommunications service in a conspicuous manner.

AB1-SSA1-SA2,259,22 2. The telecommunications provider shall provide a detailed itemized listing of the charges for the goods or services if requested to do so by the customer.

AB1-SSA1-SA2,259,25 3. The telecommunication provider shall disclose to the customer at the time of each billing that the customer's telecommunications service will not be affected due to a failure to pay the billing.

AB1-SSA1-SA2, s. 263j Section 263j. 100.207 (5g) of the statutes is created to read:

AB1-SSA1-SA2,260,6 100.207 (5g) Restrictions on contracts. No telecommunications provider may place in a contract entered into with a customer located in this state a clause that provides that a law of a state other than this state applies to the parties or terms of the contract or the rights and remedies under the contract, unless the law of the other state is in conformity with the law of this state.

AB1-SSA1-SA2, s. 263L Section 263L. 100.207 (5m) of the statutes is created to read:

AB1-SSA1-SA2,260,11 100.207 (5m) Record requirements. Any person who provides telecommunications service to any customer in this state shall maintain each billing and collection record that is made in providing the telecommunications service for a period of 5 years beginning on the date that the record is made.

AB1-SSA1-SA2, s. 263n Section 263n. 100.207 (6) (b) 1. of the statutes is amended to read:

AB1-SSA1-SA2,261,2 100.207 (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. Temporary injunctive relief may include an order requiring that a person who provides telecommunications services deposit in an escrow account any payments that the provider has received or is expected to receive from customers as a result of practices that may violate 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.

AB1-SSA1-SA2, s. 263p Section 263p. 100.207 (6) (c) of the statutes is amended to read:

AB1-SSA1-SA2,261,9 100.207 (6) (c) Any person who violates subs. (2) to (4) this section shall be required to forfeit not less than $25 nor more than $5,000 $10,000 for each offense. Each day of violation constitutes a separate 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.

AB1-SSA1-SA2, s. 263r Section 263r. 100.207 (6) (em) 1. of the statutes is amended to read:

AB1-SSA1-SA2,261,16 100.207 (6) (em) 1. Before preparing any proposed rule under this section par. (e), 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.

AB1-SSA1-SA2, s. 263t Section 263t. 100.207 (6) (g) of the statutes is created to read:

AB1-SSA1-SA2,261,21 100.207 (6) (g) Nothing in this subsection precludes the department from seeking a remedy or penalty in accordance with the rules promulgated under sub. (7). Practices in violation of sub. (3) may also constitute a violation of the rules promulgated under sub. (7).

AB1-SSA1-SA2, s. 263v Section 263v. 100.207 (7) of the statutes is created to read:

AB1-SSA1-SA2,262,5 100.207 (7) Administration of federal communications commission rules. The department shall administer and enforce the federal communications commission's unauthorized carrier change rules and remedies under 47 CFR 64.1110 to 64.1190 and shall notify the federal communications commission, in accordance with 47 CFR 64.1110 (a), of its intention to administer and enforce those rules and remedies. In addition to the rules promulgated under sub. (6) (e), the department shall promulgate rules that are consistent with the commission's unauthorized carrier change rules and remedies under 47 CFR 64.1110 to 64.1190.".

AB1-SSA1-SA2,262,6 344. Page 155, line 13: after that line insert:

AB1-SSA1-SA2,262,8 " Section 263bb. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,262,12 100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.

AB1-SSA1-SA2, s. 263bd Section 263bd. 100.171 (8) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,262,16 100.171 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:

AB1-SSA1-SA2, s. 263bg Section 263bg. 100.173 (4) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,262,20 100.173 (4) (intro.) The department of justice shall investigate violations of this section. The department of justice, or any district attorney upon informing the department of justice, may, on behalf of the state, do any of the following:

AB1-SSA1-SA2, s. 263bj Section 263bj. 100.173 (4) (a) of the statutes is amended to read: