Amendment AA29-ASA1-SB55

ASSEMBLY AMENDMENT 29, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 29, 2001 - Offered by Representatives Sinicki and Miller.

SB55-ASA1-AA29,1,1 At the locations indicated, amend the substitute amendment as follows:

SB55-ASA1-AA29,1,9 1. Page 107, line 17: decrease the dollar amount for fiscal year 2001-02 by $2,106,100 and decrease the dollar amount for fiscal year 2002-03 by $2,106,100, and adjust the NET APPROPRIATION totals accordingly, to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to decrease the authorized FTE positions of the department of agriculture, trade and consumer protection by 37.25 GPR positions related to those consumer information programs, functions, and enforcement activities.

SB55-ASA1-AA29,2,2 2. Page 107, line 17: increase the dollar amount for fiscal year 2001-02 by $57,200 and increase the dollar amount for fiscal year 2002-03 by $57,200, and adjust the NET APPROPRIATION totals accordingly, to transfer funding for 1.0 FTE GPR position of the department of agriculture, trade and consumer protection that is related to the enforcement of chapter 98 of the statutes.

SB55-ASA1-AA29,2,3 3. Page 107, line 18: delete that line.

SB55-ASA1-AA29,2,10 4. Page 112, line 8: decrease the dollar amount for fiscal year 2001-02 by $292,400 and decrease the dollar amount for fiscal year 2002-03 by $292,400 to reflect the transfer of certain consumer information programs, functions, and enforcement activities to the department of justice and to decrease the authorized FTE positions of the department of agriculture, trade and consumer protection by 2.5 GPR positions related to those consumer information programs, functions, and enforcement activities.

SB55-ASA1-AA29,2,17 5. Page 228, line 3: increase the dollar amount for fiscal year 2001-02 by $1,281,000 and increase the dollar amount for fiscal year 2002-03 by $1,502,200 to reflect the transfer of certain consumer information programs, functions, and enforcement activities from the department of agriculture, trade, and consumer protection and to increase the authorized FTE positions of the department of justice by 26.0 GPR positions related to those consumer information programs, functions, and enforcement activities.

SB55-ASA1-AA29,2,18 6. Page 228, line 5: after that line insert: - See PDF for table

SB55-ASA1-AA29,2,19 7. Page 294, line 2: before that line insert:

SB55-ASA1-AA29,2,20 " Section 395m. 20.115 (1) (c) of the statutes is repealed.

SB55-ASA1-AA29, s. 400m Section 400m. 20.115 (1) (hm) of the statutes is amended to read:

SB55-ASA1-AA29,3,6 20.115 (1) (hm) Ozone-depleting refrigerants and products regulation. The amounts in the schedule for administration of the mobile air conditioner servicing and refrigerant recycling programs and for responsibilities under ss. s. 100.45 and 100.50 relating to sales and labeling of products containing or made with ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a) 3. and (5m) shall be credited to this appropriation.".

SB55-ASA1-AA29,3,7 8. Page 377, line 4: after that line insert:

SB55-ASA1-AA29,3,8 " Section 762m. 20.455 (1) (title) of the statutes is amended to read:

SB55-ASA1-AA29,3,9 20.455 (1) (title) Legal and regulatory services.

SB55-ASA1-AA29, s. 762r Section 762r. 20.455 (1) (g) of the statutes is created to read:

SB55-ASA1-AA29,3,14 20.455 (1) (g) Consumer protection, information, and education. The amounts in the schedule for consumer protection and consumer information and education. All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation account, subject to the limit under s. 100.261 (e).".

SB55-ASA1-AA29,3,15 9. Page 882, line 16: after that line insert:

SB55-ASA1-AA29,3,16 " Section 2383m. 93.07 (1) of the statutes is amended to read:

SB55-ASA1-AA29,3,22 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.

SB55-ASA1-AA29, s. 2383p Section 2383p. 93.07 (23) of the statutes is created to read:

SB55-ASA1-AA29,4,5 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.

SB55-ASA1-AA29, s. 2383q Section 2383q. 93.07 (24) of the statutes is amended to read:

SB55-ASA1-AA29,4,8 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:

SB55-ASA1-AA29,4,11 (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.

SB55-ASA1-AA29,4,13 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

SB55-ASA1-AA29,4,18 (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.

SB55-ASA1-AA29,4,23 (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.

SB55-ASA1-AA29, s. 2387m Section 2387m. 93.18 (3) of the statutes is amended to read:

SB55-ASA1-AA29,5,12 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).

SB55-ASA1-AA29, s. 2387r Section 2387r. 93.18 (7) of the statutes is created to read:

SB55-ASA1-AA29,5,16 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.

SB55-ASA1-AA29, s. 2388m Section 2388m. 93.20 (1) of the statutes is amended to read:

SB55-ASA1-AA29,5,21 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.

SB55-ASA1-AA29, s. 2389k Section 2389k. 93.22 (1) of the statutes is amended to read:

SB55-ASA1-AA29,5,24 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.

SB55-ASA1-AA29, s. 2389m Section 2389m. 93.22 (2) of the statutes is amended to read:

SB55-ASA1-AA29,6,4 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.".

SB55-ASA1-AA29,6,5 10. Page 889, line 1: after that line insert:

SB55-ASA1-AA29,6,6 " Section 2405d. 100.07 (6) of the statutes is amended to read:

SB55-ASA1-AA29,6,9 100.07 (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.

SB55-ASA1-AA29, s. 2405g Section 2405g. 100.171 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA29,6,15 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both. 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.

SB55-ASA1-AA29, s. 2405h Section 2405h. 100.171 (8) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,6,19 100.171 (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:

SB55-ASA1-AA29, s. 2405j Section 2405j. 100.173 (4) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,6,23 100.173 (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:

SB55-ASA1-AA29, s. 2405k Section 2405k. 100.173 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA29,7,7 100.173 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

SB55-ASA1-AA29, s. 2405m Section 2405m. 100.174 (5) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,7,10 100.174 (5) (intro). The department of justice or any district attorney may on behalf of the state:

SB55-ASA1-AA29, s. 2405n Section 2405n. 100.174 (6) of the statutes is amended to read:

SB55-ASA1-AA29,7,13 100.174 (6) The department of justice shall investigate violations of and enforce this section.

SB55-ASA1-AA29, s. 2405p Section 2405p. 100.175 (5) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,7,20 100.175 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice in an amount not less than $25,000:

SB55-ASA1-AA29, s. 2405q Section 2405q. 100.175 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA29,8,2 100.175 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

SB55-ASA1-AA29, s. 2405r Section 2405r. 100.175 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,8,5 100.175 (7) (a) (intro.) The department of justice or any district attorney may on behalf of the state:

SB55-ASA1-AA29, s. 2405rm Section 2405rm. 100.175 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA29,8,10 100.175 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).

SB55-ASA1-AA29, s. 2405s Section 2405s. 100.177 (1) (bm) of the statutes is created to read:

SB55-ASA1-AA29,8,13 100.177 (1) (bm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB55-ASA1-AA29, s. 2405t Section 2405t. 100.178 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA29,8,16 100.178 (1) (b) Notwithstanding s. 93.01 (3), "department" means the department of health and family services justice.

SB55-ASA1-AA29, s. 2405u Section 2405u. 100.18 (11) (a) of the statutes is amended to read:

SB55-ASA1-AA29,8,22 100.18 (11) (a) The department of agriculture, trade and consumer protection justice shall enforce this section. Actions to enjoin violation of this section or any regulations thereunder may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction. This remedy is not exclusive.

SB55-ASA1-AA29, s. 2405um Section 2405um. 100.18 (11) (b) 3. of the statutes is amended to read:

SB55-ASA1-AA29,9,3 100.18 (11) (b) 3. No action may be commenced under this section more than 3 years after the occurrence of the unlawful act or practice which is the subject of the action. No injunction may be issued under this section which would conflict with general or special orders of the department of justice or any statute, rule or regulation of the United States or of this state.

SB55-ASA1-AA29, s. 2405wc Section 2405wc. 100.18 (11) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA29,9,13 100.18 (11) (c) 1. Whenever the department of justice has reason to believe that a person is in possession, custody or control of any information or documentary material relevant to the enforcement of this section it may require that person to submit a statement or report, under oath or otherwise, as to the facts and circumstances concerning any activity in the course of trade or commerce; examine under oath that person with respect to any activity in the course of trade or commerce; and execute in writing and cause to be served upon such person a civil investigative demand requiring the person to produce any relevant documentary material for inspection and copying.

SB55-ASA1-AA29, s. 2405we Section 2405we. 100.18 (11) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA29,9,17 100.18 (11) (c) 2. The department of justice, in exercising powers under this subsection, may issue subpoenas, administer oaths and conduct hearings to aid in any investigation.

SB55-ASA1-AA29, s. 2405wg Section 2405wg. 100.18 (11) (c) 3. of the statutes is amended to read:

SB55-ASA1-AA29,9,22 100.18 (11) (c) 3. Service of any notice by the department of justice requiring a person to file a statement or report, or service of a subpoena upon a person, or service of a civil investigative demand shall be made in compliance with the rules of civil procedure of this state.

SB55-ASA1-AA29, s. 2405wj Section 2405wj. 100.18 (11) (c) 4. of the statutes is amended to read:

SB55-ASA1-AA29,9,25 100.18 (11) (c) 4. If a person fails to file any statement or report, or fails to comply with any civil investigative demand, or fails to obey any subpoena issued by the department of justice, such person may be coerced as provided in s. 885.12, except that no person shall be required to furnish any testimony or evidence under this subsection which might tend to incriminate the person.

SB55-ASA1-AA29, s. 2406m Section 2406m. 100.18 (11) (d) of the statutes is amended to read:

SB55-ASA1-AA29,10,15 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon 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 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 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 to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

SB55-ASA1-AA29, s. 2407d Section 2407d. 100.18 (11) (e) of the statutes is amended to read:

SB55-ASA1-AA29,11,2 100.18 (11) (e) In lieu of instituting or continuing an action pursuant to this section, the department or the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in such act or practice. The acceptance of such assurance by either the department or the department of justice shall be deemed acceptance by the other state officials enumerated in par. (d) any district attorney if the terms of the assurance so provide. An assurance entered into pursuant to this section shall not be considered evidence of a violation of this section, provided that violation of such an assurance shall be treated as a violation of this section, and shall be subjected to all the penalties and remedies provided therefor.

SB55-ASA1-AA29, s. 2407g Section 2407g. 100.182 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA29,11,9 100.182 (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.

SB55-ASA1-AA29, s. 2407m Section 2407m. 100.182 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA29,11,17 100.182 (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.