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.".
SB55-ASA1-AA29,25,1915
165.25
(11) Consumer protection administration and enforcement.
16Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095,
17100.28, 100.31, 100.37 to 100.44, 100.46, and 100.50 and chs. 136, 344, 704, 707 and
18779. The department may issue general or special orders in administering and
19enforcing these provisions.".
SB55-ASA1-AA29,25,2322
344.576
(3) (a) 5. The address and telephone number of the department of
23agriculture, trade and consumer protection justice.
SB55-ASA1-AA29,26,5
1344.576
(3) (c) The department of
agriculture, trade and consumer protection 2justice shall promulgate rules specifying the form of the notice required under par.
3(a), including the size of the paper and the type size and any highlighting of the
4information described in par. (a). The rule may specify additional information that
5must be included in the notice and the precise language that must be used.
SB55-ASA1-AA29,26,107
344.579
(2) Enforcement. (intro.) The department of
agriculture, trade and
8consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1),
9(2) and (3) (a) and (b), 344.577 and 344.578. The department of
agriculture, trade
10and consumer protection justice may on behalf of the state:".
SB55-ASA1-AA29,26,1513
704.90
(9) Rules. The department of
agriculture, trade and consumer
14protection justice may promulgate rules necessary to carry out the purposes of this
15section.
SB55-ASA1-AA29,26,1817
704.90
(11) (title)
Duties of the department of agriculture, trade and
18consumer protection justice.
SB55-ASA1-AA29,26,2420
704.90
(11) (a) Except as provided in par. (c), the department of
agriculture,
21trade and consumer protection justice shall investigate alleged violations of this
22section and rules promulgated under sub. (9). To facilitate its investigations, the
23department may subpoena persons and records and may enforce compliance with the
24subpoenas as provided in s. 885.12.
SB55-ASA1-AA29,27,102
707.49
(4) Surety bond and other options. Instead of placing deposits in an
3escrow account, a developer may obtain a surety bond issued by a company
4authorized to do business in this state, an irrevocable letter of credit or a similar
5arrangement, in an amount which at all times is not less than the amount of the
6deposits otherwise subject to the escrow requirements of this section. The bond,
7letter of credit or similar arrangement shall be filed with the department of
8agriculture, trade and consumer protection justice and made payable to the
9department of
agriculture, trade and consumer protection justice for the benefit of
10aggrieved parties.
SB55-ASA1-AA29,27,2012
707.57
(2) Department of agriculture, trade and consumer protection
13justice authority. (a) The department of
agriculture, trade and consumer
14protection justice, or any district attorney upon informing the department of
15agriculture, trade and consumer protection justice, may commence an action in
16circuit court in the name of the state to restrain by temporary or permanent
17injunction any violation of this chapter. Before entry of final judgment, the court may
18make such orders or judgments as may be necessary to restore to any person any
19pecuniary loss suffered because of the acts or practices involved in the action if proof
20of these acts or practices is submitted to the satisfaction of the court.
SB55-ASA1-AA29,27,2321
(b) The department of
agriculture, trade and consumer protection justice may
22conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its
23investigation of violations of this chapter.
SB55-ASA1-AA29,28,5
1707.57
(3) Penalty. Any person who violates this chapter shall be required to
2forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall
3be enforced by action on behalf of the state by the department of
agriculture, trade
4and consumer protection justice or by the district attorney of the county where the
5violation occurs.".
SB55-ASA1-AA29,28,118
779.41
(1m) Annually, on January 1, the department of
agriculture, trade and
9consumer protection justice shall adjust the dollar amounts identified under sub. (1)
10(intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
11determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
