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2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 29,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representatives Sinicki and Miller.
SB55-ASA1-AA29,1,9
21. Page 107, line 17: decrease the dollar amount for fiscal year 2001-02 by
3$2,106,100 and decrease the dollar amount for fiscal year 2002-03 by $2,106,100,
4and adjust the NET APPROPRIATION totals accordingly, to reflect the transfer of
5certain consumer information programs, functions, and enforcement activities to the
6department of justice and to decrease the authorized FTE positions of the
7department of agriculture, trade and consumer protection by 37.25 GPR positions
8related to those consumer information programs, functions, and enforcement
9activities.
SB55-ASA1-AA29,2,2
102. Page 107, line 17: increase the dollar amount for fiscal year 2001-02 by
11$57,200 and increase the dollar amount for fiscal year 2002-03 by $57,200, and
12adjust the NET APPROPRIATION totals accordingly, to transfer funding for 1.0 FTE
1GPR position of the department of agriculture, trade and consumer protection that
2is related to the enforcement of chapter 98 of the statutes.
SB55-ASA1-AA29,2,10
44. Page 112, line 8: decrease the dollar amount for fiscal year 2001-02 by
5$292,400 and decrease the dollar amount for fiscal year 2002-03 by $292,400 to
6reflect the transfer of certain consumer information programs, functions, and
7enforcement activities to the department of justice and to decrease the authorized
8FTE positions of the department of agriculture, trade and consumer protection by 2.5
9GPR positions related to those consumer information programs, functions, and
10enforcement activities.
SB55-ASA1-AA29,2,17
115. Page 228, line 3: increase the dollar amount for fiscal year 2001-02 by
12$1,281,000 and increase the dollar amount for fiscal year 2002-03 by $1,502,200 to
13reflect the transfer of certain consumer information programs, functions, and
14enforcement activities from the department of agriculture, trade, and consumer
15protection and to increase the authorized FTE positions of the department of justice
16by 26.0 GPR positions related to those consumer information programs, functions,
17and enforcement activities.
SB55-ASA1-AA29,3,6
120.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
2amounts in the schedule for administration of the mobile air conditioner servicing
3and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
4100.50 relating to sales and labeling of products containing or made with
5ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
63. and (5m) shall be credited to this appropriation.".
SB55-ASA1-AA29,3,8
8"
Section 762m. 20.455 (1) (title) of the statutes is amended to read:
SB55-ASA1-AA29,3,99
20.455
(1) (title)
Legal and regulatory services.
SB55-ASA1-AA29,3,1411
20.455
(1) (g)
Consumer protection, information, and education. The amounts
12in the schedule for consumer protection and consumer information and education.
13All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
14account, subject to the limit under s. 100.261 (e).".
SB55-ASA1-AA29,3,2217
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
18with law, as it may deem necessary for the exercise and discharge of all the powers
19and duties of the department, and to adopt such measures and make such
20regulations as are necessary and proper for the
enforcement by the state of
21department to carry out its duties and powers under chs. 93 to 100
, which regulations
22shall have the force of law.
SB55-ASA1-AA29,4,5
193.07
(23) Consumer protection administration. To administer ss. 100.01 to
2100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208,
3100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to
4100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30,
5and 100.51.
SB55-ASA1-AA29,4,87
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
888 and 93 to 100 and all other laws entrusted to its administration, and especially:
SB55-ASA1-AA29,4,119
(a) To enforce the laws
administered by the department regarding the
10production, manufacture and sale, offering or exposing for sale or having in
11possession with intent to sell, of any dairy, food or drug product.
SB55-ASA1-AA29,4,1312
(b) To enforce the laws
administered by the department regarding the
13adulteration or misbranding of any articles of food, drink, condiment or drug.
SB55-ASA1-AA29,4,18
14(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
15of food, drink, condiment or drug made or offered for sale within this state which it
16may suspect or have reason to believe
, under the laws administered by the
17department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
18in any way unlawful.
SB55-ASA1-AA29,4,2319
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
20department, any person engaged in the manufacture or sale, offering or exposing for
21sale or having in possession with intent to sell, of any adulterated dairy product or
22of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
23of food, drink, condiment or drug.
SB55-ASA1-AA29,5,12
193.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
2to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
3product or related material ceased, shall give written notice of its finding to the
4manufacturer, seller or other person responsible for placing the item in the channels
5of trade in this state. After such notice no person may sell, remove or otherwise
6dispose of such item except as directed by the department. Any person affected by
7such notice may demand a prompt hearing to determine the validity of the
8department's findings. The hearing, if requested, shall be held as expeditiously as
9possible but not later than 30 days after notice. A request for hearing does not
10operate to stay enforcement of the order during the pendency of the hearing. The
11person petitioning for a hearing shall be entitled to the same rights specified under
12sub. (2).
SB55-ASA1-AA29,5,1614
93.18
(7) The department of justice shall follow the procedures under subs. (1),
15(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
16department of justice.
SB55-ASA1-AA29,5,2118
93.20
(1) Definition. In this section, "action" means an action that is
19commenced in court by, or on behalf of, the department of agriculture, trade and
20consumer protection to enforce chs. 88, 91 to 100 or 127
or an action that is
21commenced in court by the department of justice to enforce ch. 100.
SB55-ASA1-AA29,5,2423
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
24100.30, and 100.51, the department may be represented by its attorney.
SB55-ASA1-AA29,6,4
193.22
(2) The department may, with the approval of the governor, appoint
2special counsel to prosecute or assist in the prosecution of any case arising under chs.
388 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
4special counsel shall be charged to the appropriation for the department.".
SB55-ASA1-AA29,6,97
100.07
(6) Action Upon request of the department, an action to enjoin violation
8of this section may be commenced and prosecuted by the department
of justice in the
9name of the state in any court having equity jurisdiction.
SB55-ASA1-AA29,6,1511
100.171
(7) (b) Whoever intentionally violates this section may be fined not
12more than $10,000 or imprisoned for not more than 3 years or both. A person
13intentionally violates this section if the violation occurs after the department
of
14justice or a district attorney has notified the person by certified mail that the person
15is in violation of this section.
SB55-ASA1-AA29,6,1917
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
18violations of this section. The department
of justice or any district attorney may on
19behalf of the state:
SB55-ASA1-AA29,6,2321
100.173
(4) (intro.) The department
of justice shall investigate violations of this
22section. The department
of justice, or any district attorney upon informing the
23department
of justice, may, on behalf of the state, do any of the following:
SB55-ASA1-AA29,7,7
1100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
2any court of competent jurisdiction for any violation of this section. The relief sought
3by the department
of justice or district attorney may include the payment by a
4promoter into an escrow account of an amount estimated to be sufficient to pay for
5ticket refunds. The court may, upon entry of final judgment, award restitution when
6appropriate to any person suffering loss because of violations of this section if proof
7of such loss is submitted to the satisfaction of the court.
SB55-ASA1-AA29,7,109
100.174
(5) (intro). The department
of justice or any district attorney may on
10behalf of the state:
SB55-ASA1-AA29,7,1312
100.174
(6) The department
of justice shall investigate violations of and
13enforce this section.
SB55-ASA1-AA29,7,2015
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
16pay more than $100 for dating services before the buyer receives or has the
17opportunity to receive those services unless the person selling dating services
18establishes proof of financial responsibility by maintaining any of the following
19commitments approved by the department
of justice in an amount not less than
20$25,000:
SB55-ASA1-AA29,8,222
100.175
(5) (b) The commitment described in par. (a) shall be established in
23favor of or made payable to the state, for the benefit of any buyer who does not receive
24a refund under the contractual provision described in sub. (3). The person selling
25dating services shall file with the department
of justice any agreement, instrument
1or other document necessary to enforce the commitment against the person selling
2dating services or any relevant 3rd party, or both.
SB55-ASA1-AA29,8,54
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
5on behalf of the state:
SB55-ASA1-AA29,8,107
100.175
(7) (b) The department
of justice may bring an action in circuit court
8to recover on a financial commitment maintained under sub. (5) against a person
9selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
10not receive a refund due under the contractual provision described in sub. (3).
SB55-ASA1-AA29,8,1312
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
SB55-ASA1-AA29,8,1615
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
16department of
health and family services justice.
SB55-ASA1-AA29,8,2218
100.18
(11) (a) The department of
agriculture, trade and consumer protection 19justice shall enforce this section. Actions to enjoin violation of this section or any
20regulations thereunder may be commenced and prosecuted by the department
of
21justice in the name of the state in any court having equity jurisdiction. This remedy
22is not exclusive.
SB55-ASA1-AA29,9,324
100.18
(11) (b) 3. No action may be commenced under this section more than
253 years after the occurrence of the unlawful act or practice which is the subject of the
1action. No injunction may be issued under this section which would conflict with
2general or special orders of the department
of justice or any statute, rule or
3regulation of the United States or of this state.
SB55-ASA1-AA29,9,135
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
6a person is in possession, custody or control of any information or documentary
7material relevant to the enforcement of this section it may require that person to
8submit a statement or report, under oath or otherwise, as to the facts and
9circumstances concerning any activity in the course of trade or commerce; examine
10under oath that person with respect to any activity in the course of trade or
11commerce; and execute in writing and cause to be served upon such person a civil
12investigative demand requiring the person to produce any relevant documentary
13material for inspection and copying.
SB55-ASA1-AA29,9,1715
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
16subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
17any investigation.
SB55-ASA1-AA29,9,2219
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
20a person to file a statement or report, or service of a subpoena upon a person, or
21service of a civil investigative demand shall be made in compliance with the rules of
22civil procedure of this state.
SB55-ASA1-AA29,9,2524
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.
SB55-ASA1-AA29,10,155
100.18
(11) (d) The
department or the department of justice
, after consulting
6with the department, or any district attorney, upon informing the department
of
7justice, may commence an action in circuit court in the name of the state to restrain
8by temporary or permanent injunction any violation of this section. The court may
9in its discretion, prior to entry of final judgment, make such orders or judgments as
10may be necessary to restore to any person any pecuniary loss suffered because of the
11acts or practices involved in the action, provided proof thereof is submitted to the
12satisfaction of the court. The
department and the department of justice may
13subpoena persons and require the production of books and other documents
, and t
he
14department of justice may request the department to exercise its authority under
15par. (c) to aid in the investigation of alleged violations of this section.
