Amendment AA29-ASA1-SB55

SB55-ASA1-AA29, s. 2434m Section 2434m. 100.50 (6) (c) of the statutes is amended to read:

SB55-ASA1-AA29,23,3 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).".

SB55-ASA1-AA29,23,4 17. Page 898, line 20: after that line insert:

SB55-ASA1-AA29,23,5 " Section 2489m. 101.175 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,23,9 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:".

SB55-ASA1-AA29,23,10 18. Page 940, line 4: after that line insert:

SB55-ASA1-AA29,23,11 " Section 2817m. 134.71 (12) of the statutes is amended to read:

SB55-ASA1-AA29,23,18 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.".

SB55-ASA1-AA29,23,19 19. Page 940, line 10: after that line insert:

SB55-ASA1-AA29,23,20 " Section 2828g. 136.03 (title) of the statutes is amended to read:

SB55-ASA1-AA29,23,22 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB55-ASA1-AA29, s. 2828j Section 2828j. 136.03 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,24,6 136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

SB55-ASA1-AA29, s. 2828m Section 2828m. 136.04 of the statutes is amended to read:

SB55-ASA1-AA29,24,11 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

SB55-ASA1-AA29,24,15 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).".

SB55-ASA1-AA29,24,16 20. Page 958, line 25: after that line insert:

SB55-ASA1-AA29,24,17 " Section 2854g. 165.065 (2) of the statutes is amended to read:

SB55-ASA1-AA29,25,2 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.".

SB55-ASA1-AA29,25,3 21. Page 959, line 8: delete lines 8 to 14 and substitute:

SB55-ASA1-AA29,25,4 " Section 2855b. 165.25 (4) (ar) of the statutes is amended to read:

SB55-ASA1-AA29,25,12 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.50 and 100.51 and chs. 136, 344, 704, 707 and 779 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.".

SB55-ASA1-AA29,25,13 22. Page 959, line 24: after that line insert:

SB55-ASA1-AA29,25,14 " Section 2856g. 165.25 (11) of the statutes is created to read:

SB55-ASA1-AA29,25,19 165.25 (11) Consumer protection administration and enforcement. Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, and 100.50 and chs. 136, 344, 704, 707 and 779. The department may issue general or special orders in administering and enforcing these provisions.".

SB55-ASA1-AA29,25,20 23. Page 1118, line 21: after that line insert:

SB55-ASA1-AA29,25,21 " Section 3427r. 344.576 (3) (a) 5. of the statutes is amended to read:

SB55-ASA1-AA29,25,23 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

SB55-ASA1-AA29, s. 3427t Section 3427t. 344.576 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA29,26,5 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

SB55-ASA1-AA29, s. 3427y Section 3427y. 344.579 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,26,10 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:".

SB55-ASA1-AA29,26,11 24. Page 1182, line 6: after that line insert:

SB55-ASA1-AA29,26,12 " Section 3769m. 704.90 (9) of the statutes is amended to read:

SB55-ASA1-AA29,26,15 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

SB55-ASA1-AA29, s. 3770d Section 3770d. 704.90 (11) (title) of the statutes is amended to read:

SB55-ASA1-AA29,26,18 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

SB55-ASA1-AA29, s. 3770f Section 3770f. 704.90 (11) (a) of the statutes is amended to read:

SB55-ASA1-AA29,26,24 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

SB55-ASA1-AA29, s. 3770h Section 3770h. 707.49 (4) of the statutes is amended to read:

SB55-ASA1-AA29,27,10 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

SB55-ASA1-AA29, s. 3770k Section 3770k. 707.57 (2) of the statutes is amended to read:

SB55-ASA1-AA29,27,20 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection 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 chapter. Before entry of final judgment, the court may 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 if proof of these acts or practices is submitted to the satisfaction of the court.

SB55-ASA1-AA29,27,23 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

SB55-ASA1-AA29, s. 3770m Section 3770m. 707.57 (3) of the statutes is amended to read:

SB55-ASA1-AA29,28,5 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.".

SB55-ASA1-AA29,28,6 25. Page 1200, line 8: after that line insert:

SB55-ASA1-AA29,28,7 " Section 3816g. 779.41 (1m) of the statutes is amended to read:

SB55-ASA1-AA29,28,11 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

SB55-ASA1-AA29, s. 3816j Section 3816j. 779.93 (title) of the statutes is amended to read:

SB55-ASA1-AA29,28,14 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB55-ASA1-AA29, s. 3816m Section 3816m. 779.93 (1) of the statutes is amended to read:

SB55-ASA1-AA29,28,20 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

SB55-ASA1-AA29, s. 3816p Section 3816p. 779.93 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA29,28,24 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:".

SB55-ASA1-AA29,29,1 26. Page 1300, line 12: after that line insert:

SB55-ASA1-AA29,29,2 "(4xv) Transfer of consumer protection functions.

SB55-ASA1-AA29,29,13 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to programs or functions transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-ASA1-AA29,29,21 (b) Employee transfers. In the department of agriculture, trade and consumer protection 15.5 FTE positions that are primarily related to programs or functions that are transferred to the department of justice under this act, and the incumbents holding these positions are transferred to the department of justice. The secretary of administration shall determine which incumbents will be transferred. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-ASA1-AA29,30,3 (c) Employee status. Employees transferred under paragraph (b) have all the rights and same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB55-ASA1-AA29,30,15 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to programs or functions that are transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-ASA1-AA29,30,21 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB55-ASA1-AA29,31,11 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

SB55-ASA1-AA29,31,21 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions that are transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

SB55-ASA1-AA29,31,25 (h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (1) (c) of the statutes, as affected by this act, are decreased by 4.0 GPR positions.".

SB55-ASA1-AA29,32,1 27. Page 1394, line 13: delete "and (b) 1.," and substitute ", (b) 1., and (d),".

SB55-ASA1-AA29,32,2 (End)