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.
SB55-ASA1-AA29,28,14
13779.93 (title)
Duties of the department of agriculture, trade and
14consumer protection justice.
SB55-ASA1-AA29,28,2016
779.93
(1) The department of
agriculture, trade and consumer protection 17justice shall investigate violations of this subchapter and attempts to circumvent
18this subchapter. The department of
agriculture, trade and consumer protection 19justice may subpoena persons and records to facilitate its investigations, and may
20enforce compliance with such subpoenas as provided in s. 885.12.
SB55-ASA1-AA29,28,2422
779.93
(2) (intro.) The department of
agriculture, trade and consumer
23protection justice may
in on behalf of the state or
in on behalf of any person who holds
24a prepaid maintenance lien:".
SB55-ASA1-AA29,29,2
2"(4xv)
Transfer of consumer protection functions.
SB55-ASA1-AA29,29,133
(a)
Assets and liabilities. All assets and liabilities of the department of
4agriculture, trade and consumer protection that are primarily related to programs
5or functions transferred to the department of justice under this act shall become the
6assets and liabilities of the department of justice. The departments of justice and
7agriculture, trade and consumer protection shall jointly determine these assets and
8liabilities and shall jointly develop and implement a plan for their orderly transfer.
9In the event of any disagreement between the departments, the secretary of
10administration shall decide the question. If either department is dissatisfied with
11the secretary's decision, the department may bring the matter to the cochairpersons
12of the joint committee on finance for consideration by the committee, and the
13committee shall affirm or modify the decision.
SB55-ASA1-AA29,29,2114
(b)
Employee transfers. In the department of agriculture, trade and consumer
15protection 15.5 FTE positions that are primarily related to programs or functions
16that are transferred to the department of justice under this act, and the incumbents
17holding these positions are transferred to the department of justice. The secretary
18of administration shall determine which incumbents will be transferred. If either
19department is dissatisfied with the secretary's decision, the department may bring
20the matter to the cochairpersons of the joint committee on finance for consideration
21by the committee, and the committee shall affirm or modify the decision.
SB55-ASA1-AA29,30,322
(c)
Employee status. Employees transferred under paragraph (b) have all the
23rights and same status under subchapter V of chapter 111 and chapter 230 of the
24statutes in the department of justice that they enjoyed in the department of
1agriculture, trade and consumer protection immediately before the transfer.
2Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
3has attained permanent status in class is required to serve a probationary period.
SB55-ASA1-AA29,30,154
(d)
Supplies and equipment. All tangible personal property, including records,
5of the department of agriculture, trade and consumer protection that are primarily
6related to programs or functions that are transferred to the department of justice
7under this act are transferred to the department of justice. The departments of
8justice and agriculture, trade and consumer protection shall jointly identify the
9tangible personal property, including records, and shall jointly develop and
10implement a plan for their orderly transfer. In the event of any disagreement
11between the departments, the secretary of administration shall decide the question.
12If either department is dissatisfied with the secretary's decision, the department
13may bring the matter to the cochairpersons of the joint committee on finance for
14consideration by the committee, and the committee shall affirm or modify the
15decision.
SB55-ASA1-AA29,30,2116
(e)
Pending matters. Any matter pending with the department of agriculture,
17trade and consumer protection that is primarily related to a program or function that
18is transferred to the department of justice under this act is transferred to the
19department of justice. All materials submitted or actions taken by the department
20of agriculture, trade and consumer protection with respect to the pending matter are
21considered as having been submitted to or taken by the department of justice.
SB55-ASA1-AA29,31,1122
(f)
Contracts. All contracts entered into by the department of agriculture, trade
23and consumer protection or the department of justice that are primarily related to
24programs or functions transferred to the department of justice under this act, and
25that are in effect on the effective date of this paragraph, remain in effect and those
1contracts entered into by the department of agriculture, trade and consumer
2protection are transferred to the department of justice. The departments of justice
3and agriculture, trade and consumer protection shall jointly identify these contracts
4and shall jointly develop and implement a plan for their orderly transfer. In the event
5of any disagreement between the departments, the secretary of administration shall
6decide the question. If either department is dissatisfied with the secretary's decision,
7the department may bring the matter to the cochairpersons of the joint committee
8on finance for consideration by the committee, and the committee shall affirm or
9modify the decision. The department of justice shall carry out the obligations under
10these contracts until the obligations are modified or rescinded by the department of
11justice to the extent allowed under the contract.
SB55-ASA1-AA29,31,2112
(g)
Rules and orders. All rules promulgated by the department of agriculture,
13trade and consumer protection that are in effect on the effective date of this
14paragraph and that are primarily related to programs or functions that are
15transferred to the department of justice under this act remain in effect until their
16specified expiration date or until amended or repealed by the department of justice.
17All orders issued by the department of agriculture, trade and consumer protection
18that are in effect on the effective date of this paragraph and that are primarily related
19to programs or functions transferred to the department of justice under this act
20remain in effect until their specified expiration date or until modified or rescinded
21by the department of justice.
SB55-ASA1-AA29,31,25
22(h) Decrease in positions. The authorized FTE positions for the department of
23agriculture, trade and consumer protection, funded from the appropriation under
24section 20.115 (1) (c) of the statutes, as affected by this act, are decreased by 4.0 GPR
25positions.".
