AB1-SSA1-SA2,265,1412
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
13subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
14any investigation.
AB1-SSA1-SA2,265,1916
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
17a person to file a statement or report, or service of a subpoena upon a person, or
18service of a civil investigative demand shall be made in compliance with the rules of
19civil procedure of this state.
AB1-SSA1-SA2,265,2521
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
22comply with any civil investigative demand, or fails to obey any subpoena issued by
23the department
of justice, such person may be coerced as provided in s. 885.12, except
24that no person shall be required to furnish any testimony or evidence under this
25subsection which might tend to incriminate the person.
AB1-SSA1-SA2,266,122
100.18
(11) (d) The
department or the department of justice
, after consulting
3with the department, or any district attorney, upon informing the department
of
4justice, may commence an action in circuit court in the name of the state to restrain
5by temporary or permanent injunction any violation of this section. The court may
6in its discretion, prior to entry of final judgment, make such orders or judgments as
7may be necessary to restore to any person any pecuniary loss suffered because of the
8acts or practices involved in the action, provided proof thereof is submitted to the
9satisfaction of the court. The
department and the department of justice may
10subpoena persons and require the production of books and other documents
, and the
11department of justice may request the department to exercise its authority under
12par. (c) to aid in the investigation of alleged violations of this section.
AB1-SSA1-SA2,266,2314
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
15section,
the department or the department of justice may accept a written assurance
16of discontinuance of any act or practice alleged to be a violation of this section from
17the person who has engaged in such act or practice. The acceptance of such assurance
18by
either the department or the department of justice shall be deemed acceptance by
19the other state officials enumerated in par. (d)
any district attorney if the terms of
20the assurance so provide. An assurance entered into pursuant to this section shall
21not be considered evidence of a violation of this section, provided that violation of
22such an assurance shall be treated as a violation of this section, and shall be
23subjected to all the penalties and remedies provided therefor.
AB1-SSA1-SA2,267,6
1100.182
(5) (a) Any district attorney, after informing the department
of justice,
2or the department
of justice may seek a temporary or permanent injunction in circuit
3court to restrain any violation of this section. Prior to entering a final judgment the
4court may award damages to any person suffering monetary loss because of a
5violation. The department
of justice may subpoena any person or require the
6production of any document to aid in investigating alleged violations of this section.
AB1-SSA1-SA2,267,148
100.182
(5) (b) In lieu of instituting or continuing an action under this
9subsection, the department
of justice may accept a written assurance from a violator
10of this section that the violation has ceased. If the terms of the assurance so provide,
11its acceptance by the department
of justice prevents all district attorneys from
12prosecuting the violation. An assurance is not evidence of a violation of this section
13but violation of an assurance is subject to the penalties and remedies of violating this
14section.
AB1-SSA1-SA2,267,2116
100.20
(2) (a) The department
of justice, after public hearing, may issue
17general orders forbidding methods of competition in business or trade practices in
18business which are determined by the department
of justice to be unfair. The
19department
of justice, after public hearing, may issue general orders prescribing
20methods of competition in business or trade practices in business which are
21determined by the department
of justice to be fair.
AB1-SSA1-SA2,268,223
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
24any order or promulgate any rule that regulates the provision of water or sewer
25service by a manufactured home park operator, as defined in s. 101.91 (8), or
1manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
2to the extent that the rule regulates the provision of such water or sewer service.
AB1-SSA1-SA2,268,104
100.20
(3) The department
of justice, after public hearing, may issue a special
5order against any person, enjoining such person from employing any method of
6competition in business or trade practice in business which is determined by the
7department
of justice to be unfair or from providing service in violation of sub. (1t).
8The department
of justice, after public hearing, may issue a special order against any
9person, requiring such person to employ the method of competition in business or
10trade practice in business which is determined by the department
of justice to be fair.
AB1-SSA1-SA2,268,2012
100.20
(4) The If the department of justice
may file a written complaint with
13the department alleging that the has reason to believe that a person
named is
14employing unfair methods of competition in business or unfair trade practices in
15business or both
. Whenever such a complaint is filed
, it shall be the duty of the
16department
of justice to proceed, after proper notice and in accordance with its rules,
17to the hearing and adjudication of the
matters alleged, and a representative of the
18department of justice designated by the attorney general may appear before the
19department in such proceedings. The department of justice shall be entitled to
20judicial review of the decisions and orders of the department under ch. 227 matter.
AB1-SSA1-SA2,269,422
100.20
(6) The department
of justice may commence an action in circuit court
23in the name of the state to restrain by temporary or permanent injunction the
24violation of any order issued under this section. The court may in its discretion, prior
25to entry of final judgment make such orders or judgments as may be necessary to
1restore to any person any pecuniary loss suffered because of the acts or practices
2involved in the action, provided proof thereof is submitted to the satisfaction of the
3court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 4investigate violations of any order issued under this section.
AB1-SSA1-SA2,269,96
100.201
(6) (d) The failure to pay fees under this subsection within the time
7provided under par. (c) is a violation of this section. The department
of justice may
8also commence an action to recover the amount of any overdue fees plus interest at
9the rate of 2% per month for each month that the fees are delinquent.
AB1-SSA1-SA2,269,1711
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
12acts or omissions which take place in whole or in part outside this state. In any action
13or administrative proceeding the department
of justice has jurisdiction of the person
14served under s. 801.11 when any act or omission outside this state by the defendant
15or respondent results in local injury or may have the effect of injuring competition
16or a competitor in this state or unfairly diverts trade or business from a competitor,
17if at the time:
AB1-SSA1-SA2,270,219
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
20issue a special order against any person requiring such person to cease and desist
21from acts, practices or omissions determined by the department to violate this
22section. Such orders shall be subject to judicial review under ch. 227. Any violation
23of a special order issued hereunder shall be punishable as a contempt under ch. 785
24in the manner provided for disobedience of a lawful order of a court, upon the filing
1of an affidavit by the department
of justice of the commission of such violation in any
2court of record in the county where the violation occurred.
AB1-SSA1-SA2,270,94
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
5remedies herein provided, may apply to a circuit court for a temporary or permanent
6injunction to prevent, restrain or enjoin any person from violating this section or any
7special order of the department
of agriculture, trade and consumer protection issued
8hereunder under this section, without being compelled to allege or prove that an
9adequate remedy at law does not exist.
AB1-SSA1-SA2,270,1811
100.205
(7) The department
of justice, or any district attorney on informing the
12department
of justice, may commence an action in circuit court in the name of the
13state to restrain by temporary or permanent injunction any violation of this section.
14The court may, before entry of final judgment and after satisfactory proof, make
15orders or judgments necessary to restore to any person any pecuniary loss suffered
16because of a violation of this section. The department
of justice may conduct
17hearings, administer oaths, issue subpoenas and take testimony to aid in its
18investigation of violations of this section.
AB1-SSA1-SA2,270,2220
100.205
(8) The department
of justice or any district attorney may commence
21an action in the name of the state to recover a forfeiture to the state of not more than
22$10,000 for each violation of this section.
AB1-SSA1-SA2, s. 263nn
23Section 263nn. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
24and amended to read:
AB1-SSA1-SA2,271,2
1100.207
(1) Definition Definitions. (intro.) In this section
,
2"telecommunications:
AB1-SSA1-SA2,271,3
3(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
AB1-SSA1-SA2,271,65
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
6department of justice.
AB1-SSA1-SA2,271,188
100.207
(6) (b) 1. The department
of justice, after consulting with the
9department of agriculture, trade and consumer protection, or any district attorney
10upon informing the department
of agriculture, trade and consumer protection, may
11commence an action in circuit court in the name of the state to restrain by temporary
12or permanent injunction any violation of this section. Injunctive relief may include
13an order directing telecommunications providers, as defined in s. 196.01 (8p), to
14discontinue telecommunications service provided to a person violating this section
15or ch. 196. Before entry of final judgment, the court may make such orders or
16judgments as may be necessary to restore to any person any pecuniary loss suffered
17because of the acts or practices involved in the action if proof of these acts or practices
18is submitted to the satisfaction of the court.
AB1-SSA1-SA2,271,2520
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
21to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
22department of justice may subpoena persons
and, require the production of books
23and other documents, and
the department of justice may request the department of
24agriculture, trade and consumer protection to exercise its authority to aid in the
25investigation of investigate alleged violations of this section.
AB1-SSA1-SA2,272,62
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
3forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
4paragraph shall be enforced by the department
of justice, after consulting with the
5department of agriculture, trade and consumer protection, or, upon informing the
6department, by the district attorney of the county where the violation occurs.
AB1-SSA1-SA2,272,128
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
9department shall form an advisory group to suggest recommendations regarding the
10content and scope of the proposed rule. The advisory group shall consist of one or
11more persons who may be affected by the proposed rule
, a representative from the
12department of justice and a representative from the public service commission.
AB1-SSA1-SA2,272,1614
100.207
(6) (em) 2. The department shall submit the recommendations under
15subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
16and to the board of agriculture, trade and consumer protection.
AB1-SSA1-SA2,272,1918
100.208
(2) (intro.) The department
of justice shall notify the public service
19commission if any of the following conditions exists:
AB1-SSA1-SA2,272,2321
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
22(3) prohibiting a telecommunications provider from engaging in an unfair trade
23practice or method of competition.
AB1-SSA1-SA2,273,5
1100.209
(3) Rules and local ordinances allowed. This section does not
2prohibit the department
of justice from promulgating a rule or from issuing an order
3consistent with its authority under this chapter that gives a subscriber greater rights
4than the rights under sub. (2) or prohibit a city, village or town from enacting an
5ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB1-SSA1-SA2,273,87
100.209
(4) (b) The department
of justice and the district attorneys of this state
8have concurrent authority to institute civil proceedings under this section.
AB1-SSA1-SA2,273,1410
100.2095
(6) (b) The department
of justice may commence an action in the
11name of the state to restrain by temporary or permanent injunction a violation of sub.
12(3), (4) or (5). Before entry of final judgment, the court may make any necessary
13orders to restore to any person any pecuniary loss suffered by the person because of
14the violation.
AB1-SSA1-SA2,273,1816
100.2095
(6) (c) The department
of justice or any district attorney may
17commence an action in the name of the state to recover a forfeiture to the state of not
18less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).".
AB1-SSA1-SA2,274,221
100.21
(2) (a) No person may make an energy savings or safety claim without
22a reasonable and currently accepted scientific basis for the claim when the claim is
23made. Making an energy savings or safety claim without a reasonable and currently
1accepted scientific basis is
also an unfair method of competition and trade practice
2prohibited under s. 100.20.
AB1-SSA1-SA2,274,54
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
5or special orders
under s. 100.20:
AB1-SSA1-SA2,274,107
100.22
(4) (b) The department
of justice may, without alleging or proving that
8no other adequate remedy at law exists, bring an action to enjoin violations of this
9section or a special order issued under this section in the circuit court for the county
10where the alleged violation occurred.
AB1-SSA1-SA2,274,1512
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
13promulgated or order issued under this section may be required to forfeit not less
14than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
15may commence an action to recover a forfeiture under this paragraph.".
AB1-SSA1-SA2,275,318
100.26
(6) The department, the department of justice, after consulting with the
19department, or any district attorney may commence an action in the name of the
20state to recover a civil forfeiture to the state of not less than $100 nor more than
21$10,000 for each violation of Any person violating an injunction issued under s.
22100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
23protection or any district attorney may commence an action in the name of the state
24to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
1for each violation. Any person violating an order issued under s. 100.20 is subject
2to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
3violation
of an order issued under s. 100.20.".
AB1-SSA1-SA2,275,8
6100.275 Mercury thermometers. (1) Except as provided in sub. (2), no
7manufacturer, wholesaler, or retailer may sell or give away a thermometer that
8contains mercury.
AB1-SSA1-SA2,275,9
9(2) Subsection (1) does not apply to any of the following:
AB1-SSA1-SA2,275,1110
(a) A mercury thermometer used for food research and development or food
11processing, including meat, dairy product, and pet food processing.
AB1-SSA1-SA2,275,1512
(b) A mercury thermometer used for the calibration of other thermometers,
13apparatus, or equipment, unless a calibration standard that does not use mercury
14is approved for that calibration by the National Institute of Standards and
15Technology.
AB1-SSA1-SA2,275,1816
(c) A mercury thermometer that is a component of an agriculture climate
17control system or industrial measurement system if the system is in use on the
18effective date of this paragraph .... [revisor inserts date].
AB1-SSA1-SA2,275,2119
(d) A mercury thermometer that is a component of an agriculture climate
20control system or industrial measurement system if a nonmercury alternative is not
21available as a component of the system.
AB1-SSA1-SA2,275,2422
(e) An electronic thermometer that includes a battery that contains mercury,
23if a person is not prohibited from selling that battery or offering that battery for sale
24under s. 100.27.
AB1-SSA1-SA2,276,2
1(f) An antique or collectible mercury thermometer, manufactured before 1998,
2on which advertising is displayed.
AB1-SSA1-SA2,276,5
3(3) Any person who violates this section may be required to forfeit not more
4than $200 for each violation. Each sale or gift of a thermometer in violation of this
5section constitutes a separate violation.".
AB1-SSA1-SA2,276,7
7"
Section 267e. 100.264 (2) (intro.) of the statutes is amended to read:
AB1-SSA1-SA2,276,158
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
9imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
10100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
11(b) or a rule promulgated under one of those sections, the person shall be subject to
12a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
13the defendant, for which the violation was imposed, was perpetrated against an
14elderly person or disabled person and if the court finds that any of the following
15factors is present:
