SB55-ASA1-AA29,16,2
1100.207
(6) (e) Subject to par. (em), the department
of justice shall promulgate
2rules under this section.
SB55-ASA1-AA29,16,94
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
5department
of justice shall form an advisory group to suggest recommendations
6regarding the content and scope of the proposed rule. The advisory group shall
7consist of one or more persons who may be affected by the proposed rule
, a
8representative from the department of justice and a representative from the public
9service commission.
SB55-ASA1-AA29,16,1411
100.207
(6) (em) 2. The department
of justice shall submit the
12recommendations under subd. 1., if any, to the legislature as part of the report
13required under s. 227.19 (2)
and to the board of agriculture, trade and consumer
14protection.
SB55-ASA1-AA29,16,1716
100.208
(2) (intro.) The department
of justice shall notify the public service
17commission if any of the following conditions exists:
SB55-ASA1-AA29,16,2119
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
20(3) prohibiting a telecommunications provider from engaging in an unfair trade
21practice or method of competition.
SB55-ASA1-AA29,17,223
100.209
(3) Rules and local ordinances allowed. This section does not
24prohibit the department
of justice from promulgating a rule or from issuing an order
25consistent with its authority under this chapter that gives a subscriber greater rights
1than the rights under sub. (2) or prohibit a city, village or town from enacting an
2ordinance that gives a subscriber greater rights than the rights under sub. (2).
SB55-ASA1-AA29,17,54
100.209
(4) (b) The department
of justice and the district attorneys of this state
5have concurrent authority to institute civil proceedings under this section.
SB55-ASA1-AA29,17,117
100.2095
(6) (b) The department
of justice may commence an action in the
8name of the state to restrain by temporary or permanent injunction a violation of sub.
9(3), (4) or (5). Before entry of final judgment, the court may make any necessary
10orders to restore to any person any pecuniary loss suffered by the person because of
11the violation.
SB55-ASA1-AA29,17,1513
100.2095
(6) (c) The department
of justice or any district attorney may
14commence an action in the name of the state to recover a forfeiture to the state of not
15less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB55-ASA1-AA29,17,2117
100.21
(2) (a) No person may make an energy savings or safety claim without
18a reasonable and currently accepted scientific basis for the claim when the claim is
19made. Making an energy savings or safety claim without a reasonable and currently
20accepted scientific basis is
also an unfair method of competition and trade practice
21prohibited under s. 100.20.
SB55-ASA1-AA29,17,2423
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
24or special orders
under s. 100.20:
SB55-ASA1-AA29,18,4
1100.22
(4) (b) The department
of justice may, without alleging or proving that
2no other adequate remedy at law exists, bring an action to enjoin violations of this
3section or a special order issued under this section in the circuit court for the county
4where the alleged violation occurred.
SB55-ASA1-AA29,18,96
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
7promulgated or order issued under this section may be required to forfeit not less
8than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
9may commence an action to recover a forfeiture under this paragraph.
SB55-ASA1-AA29,18,2011
100.26
(6) The department, the department of justice, after consulting with the
12department, or any district attorney may commence an action in the name of the
13state to recover a civil forfeiture to the state of not less than $100 nor more than
14$10,000 for each violation of Any person violating an injunction issued under s.
15100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
16protection or any district attorney may commence an action in the name of the state
17to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
18for each violation. Any person violating an order issued under s. 100.20 is subject
19to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
20violation
of an order issued under s. 100.20.".
SB55-ASA1-AA29,18,23
22"
Section 2426b. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3)
23(b) and amended to read:
SB55-ASA1-AA29,19,5
1100.261
(3) (b) The state treasurer shall deposit the
consumer protection 2assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
398, or an ordinance enacted under ch. 98 in the general fund and shall credit them
4to the appropriation account under s. 20.115 (1) (jb), subject to the limit under
subd.
52. par. (c).".
SB55-ASA1-AA29,19,128
100.261
(3) (d) The state treasurer shall deposit the consumer protection
9assessment amounts imposed for a violation of this chapter, a rule promulgated
10under this chapter, or an ordinance enacted under this chapter in the general fund
11and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
12the limit under par. (e).
SB55-ASA1-AA29,19,1514
100.261
(3) (e) The amount credited to the appropriation account under s.
1520.455 (1) (g) may not exceed $185,000 in each fiscal year.".
SB55-ASA1-AA29,20,5
18100.263 Recovery. In addition to other remedies available under this chapter,
19the court may award
the department the reasonable and necessary costs of
20investigation and an amount reasonably necessary to remedy the harmful effects of
21the violation and the court may award
the department of justice the reasonable and
22necessary expenses of prosecution, including attorney fees, from any person who
23violates this chapter. The
department and the department of justice amounts
24awarded under this subsection shall
deposit be deposited in the state treasury for
1deposit in the general fund
all moneys that the court awards to the department, the
2department of justice or the state under this section. Ten percent of the money
3deposited in the general fund that was awarded under this section for the costs of
4investigation and the expenses of prosecution, including attorney fees, shall be
5credited to the appropriation account under s. 20.455 (1) (gh).
SB55-ASA1-AA29,20,97
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
8department
of justice may seek an injunction restraining any person from violating
9this section.
SB55-ASA1-AA29,20,1311
100.28
(4) (c) The department
of justice, or any district attorney upon the
12request of the department
of justice, may commence an action in the name of the
13state under par. (a) or (b).
SB55-ASA1-AA29,20,2015
100.31
(4) Penalties. For any violation of this section, the department
of
16justice or a district attorney may commence an action on behalf of the state to recover
17a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
18delivery of a drug sold to a purchaser at a price in violation of this section and each
19separate day in violation of an injunction issued under this section is a separate
20offense.
SB55-ASA1-AA29,21,222
100.31
(5) Special remedies. The department
of justice or a district attorney
23may bring an action to enjoin a violation of this section without being compelled to
24allege or prove that an adequate remedy at law does not exist. An action under this
25subsection may be commenced and prosecuted by the department
of justice or a
1district attorney, in the name of the state, in a circuit court in the county where the
2offense occurred or in Dane County, notwithstanding s. 801.50.
SB55-ASA1-AA29,21,54
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB55-ASA1-AA29,21,107
100.38
(5) Inspection. The department
of justice shall enforce this section by
8inspection, chemical analyses or any other appropriate method and the department
9of justice may promulgate such rules as are necessary to effectively enforce this
10section.
SB55-ASA1-AA29,21,1412
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
13adulterated or misbranded. In addition to the penalties provided under sub. (7), the
14department
of justice may bring an action to enjoin violations of this section.
SB55-ASA1-AA29,21,1716
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
SB55-ASA1-AA29,21,2019
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.
SB55-ASA1-AA29,21,2322
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
23department of justice.
SB55-ASA1-AA29,22,7
1100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 2may, on behalf of the state, bring an action in any court of competent jurisdiction for
3the recovery of forfeitures authorized under sub. (4), for temporary or permanent
4injunctive relief and for any other appropriate relief. The court may make any order
5or judgment that is necessary to restore to any person any pecuniary loss suffered
6because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
7court.".
SB55-ASA1-AA29,22,1210
100.46
(1) Energy conservation standards. The department
of justice may by
11rule adopt energy conservation standards for products that have been established in
12or promulgated under
42 USC 6291 to
6309.
SB55-ASA1-AA29,22,1814
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
15or cause to be installed any product that is not in compliance with rules promulgated
16under sub. (1). In addition to other penalties and enforcement procedures, the
17department
of justice may apply to a court for a temporary or permanent injunction
18restraining any person from violating a rule adopted under sub. (1).
SB55-ASA1-AA29,22,2220
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
21department
of justice may seek an injunction restraining any person from violating
22this section.
SB55-ASA1-AA29,23,3
1100.50
(6) (c) The department
of justice, or any district attorney upon the
2request of the department
of justice, may commence an action in the name of the
3state under par. (a) or (b).".
SB55-ASA1-AA29,23,96
101.175
(3) (intro.) The department, in consultation with the department of
7agriculture, trade and consumer protection justice, shall establish by rule quality
8standards for local energy resource systems which do not impede development of
9innovative systems but which do:".
SB55-ASA1-AA29,23,1812
134.71
(12) Applications and forms. The department of agriculture, trade and
13consumer protection
, in consultation with the department of justice, shall develop
14applications and other forms required under subs. (5) (intro.) and (8) (c). The
15department
of agriculture, trade and consumer protection shall print a sufficient
16number of applications and forms to provide to counties and municipalities for
17distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
18dealers at no cost.".
SB55-ASA1-AA29,23,22
21136.03 (title)
Duties of the department of agriculture, trade and
22consumer protection justice.
SB55-ASA1-AA29,24,6
1136.03
(1) (intro.) The department of
agriculture, trade and consumer
2protection of justice shall investigate violations of this chapter and of rules and
3orders issued under s. 136.04. The department
of justice may subpoena persons and
4records to facilitate its investigations, and may enforce compliance with such
5subpoenas as provided in s. 885.12. The department
of justice may
in on behalf of
6the state:
SB55-ASA1-AA29,24,11
8136.04 Powers of the department of agriculture, trade and consumer
9protection justice. (1) The department of
agriculture, trade and consumer
10protection justice may adopt such rules as may be required to carry out the purposes
11of this chapter.
SB55-ASA1-AA29,24,15
12(2) The department of
agriculture, trade and consumer protection justice after
13public hearing may issue general or special orders to carry out the purposes of this
14chapter and to determine and prohibit unfair trade practices in business or unfair
15methods of competition in business pursuant to s. 100.20 (2) to (4).".
SB55-ASA1-AA29,25,218
165.065
(2) The assistant attorney general in charge of antitrust investigations
19and prosecutions is to cooperate actively with the antitrust division of the U.S.
20department of justice in everything that concerns monopolistic practices in
21Wisconsin, and also to cooperate actively with the department of agriculture, trade
22and consumer protection in the work which this agency is carrying on
under s. 100.20
23of the marketing law with regard to monopolistic practices in the field of agriculture
1and with the federal trade commission on matters arising in or affecting Wisconsin
2which pertain to its jurisdiction.".
SB55-ASA1-AA29,25,125
165.25
(4) (ar) The department of justice shall
furnish all legal services
6required by represent the department of agriculture, trade and consumer protection
7in any court action relating to the enforcement of ss.
100.171, 100.173, 100.174,
8100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21,
9100.28, 100.50 and 100.51 and chs. 136, 344, 704, 707 and 779
100.01 to 100.03,
10100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27,
11100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any
12other services as are necessarily connected to the legal services.".
