Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,341,4 100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

SB55-SSA1-SA2, s. 2407m Section 2407m. 100.182 (5) (b) of the statutes is amended to read:

SB55-SSA1-SA2,341,12 100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department of justice prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

SB55-SSA1-SA2, s. 2407r Section 2407r. 100.20 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,341,19 100.20 (2) (a) The department of justice, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department of justice to be unfair. The department of justice, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department of justice to be fair.".

SB55-SSA1-SA2,341,20 1011. Page 889, line 3: after "department" insert "of justice".

SB55-SSA1-SA2,341,21 1012. Page 889, line 8: after that line insert:

SB55-SSA1-SA2,341,22 " Section 2421m. 100.26 (9) of the statutes is repealed.".

SB55-SSA1-SA2,341,23 1013. Page 889, line 8: after that line insert:

SB55-SSA1-SA2,341,24 " Section 2408m. 100.20 (3) of the statutes is amended to read:

SB55-SSA1-SA2,342,7 100.20 (3) The department of justice, after public hearing, may issue a special order against any person, enjoining such person from employing any method of competition in business or trade practice in business which is determined by the department of justice to be unfair or from providing service in violation of sub. (1t). The department of justice, after public hearing, may issue a special order against any person, requiring such person to employ the method of competition in business or trade practice in business which is determined by the department of justice to be fair.

SB55-SSA1-SA2, s. 2409b Section 2409b. 100.20 (4) of the statutes is amended to read:

SB55-SSA1-SA2,342,17 100.20 (4) The If the department of justice may file a written complaint with the department alleging that the has reason to believe that a person named is employing unfair methods of competition in business or unfair trade practices in business or both. Whenever such a complaint is filed , it shall be the duty of the department of justice to proceed, after proper notice and in accordance with its rules, to the hearing and adjudication of the matters alleged, and a representative of the department of justice designated by the attorney general may appear before the department in such proceedings. The department of justice shall be entitled to judicial review of the decisions and orders of the department under ch. 227 matter.

SB55-SSA1-SA2, s. 2409c Section 2409c. 100.20 (6) of the statutes is amended to read:

SB55-SSA1-SA2,343,2 100.20 (6) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of any order issued under this section. The court may in its discretion, prior to entry of final judgment 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, provided proof thereof is submitted to the satisfaction of the court. The department of justice may use its authority in ss. 93.14 and 93.15 to investigate violations of any order issued under this section.

SB55-SSA1-SA2, s. 2409d Section 2409d. 100.201 (6) (d) of the statutes is amended to read:

SB55-SSA1-SA2,343,7 100.201 (6) (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department of justice may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.

SB55-SSA1-SA2, s. 2409e Section 2409e. 100.201 (8m) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,343,15 100.201 (8m) Jurisdiction. (intro.) This section shall apply to transactions, acts or omissions which take place in whole or in part outside this state. In any action or administrative proceeding the department of justice has jurisdiction of the person served under s. 801.11 when any act or omission outside this state by the defendant or respondent results in local injury or may have the effect of injuring competition or a competitor in this state or unfairly diverts trade or business from a competitor, if at the time:

SB55-SSA1-SA2, s. 2409f Section 2409f. 100.201 (9) (b) of the statutes is amended to read:

SB55-SSA1-SA2,343,24 100.201 (9) (b) The department, after public hearing held under s. 93.18, may issue a special order against any person requiring such person to cease and desist from acts, practices or omissions determined by the department to violate this section. Such orders shall be subject to judicial review under ch. 227. Any violation of a special order issued hereunder shall be punishable as a contempt under ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the filing of an affidavit by the department of justice of the commission of such violation in any court of record in the county where the violation occurred.

SB55-SSA1-SA2, s. 2409g Section 2409g. 100.201 (9) (c) of the statutes is amended to read:

SB55-SSA1-SA2,344,6 100.201 (9) (c) The department of justice, in addition to or in lieu of any other remedies herein provided, may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin any person from violating this section or any special order of the department of agriculture, trade and consumer protection issued hereunder under this section, without being compelled to allege or prove that an adequate remedy at law does not exist.

SB55-SSA1-SA2, s. 2409p Section 2409p. 100.205 (7) of the statutes is amended to read:

SB55-SSA1-SA2,344,15 100.205 (7) The department of justice, or any district attorney on informing the department of 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 section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.

SB55-SSA1-SA2, s. 2409r Section 2409r. 100.205 (8) of the statutes is amended to read:

SB55-SSA1-SA2,344,19 100.205 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.

SB55-SSA1-SA2, s. 2410m Section 2410m. 100.207 (6) (b) 1. of the statutes is amended to read:

SB55-SSA1-SA2,345,6 100.207 (6) (b) 1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, 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 section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. 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-SSA1-SA2, s. 2411m Section 2411m. 100.207 (6) (b) 2. of the statutes is amended to read:

SB55-SSA1-SA2,345,13 100.207 (6) (b) 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to of justice shall administer this section. The department and the department of justice may subpoena persons and, require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of investigate alleged violations of this section.

SB55-SSA1-SA2, s. 2412m Section 2412m. 100.207 (6) (c) of the statutes is amended to read:

SB55-SSA1-SA2,345,20 100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB55-SSA1-SA2, s. 2412q Section 2412q. 100.207 (6) (e) of the statutes is amended to read:

SB55-SSA1-SA2,345,23 100.207 (6) (e) Subject to par. (em), the department of justice shall promulgate rules under this section.

SB55-SSA1-SA2, s. 2413c Section 2413c. 100.207 (6) (em) 1. of the statutes is amended to read:

SB55-SSA1-SA2,346,6 100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department of justice shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

SB55-SSA1-SA2, s. 2413e Section 2413e. 100.207 (6) (em) 2. of the statutes is amended to read:

SB55-SSA1-SA2,346,11 100.207 (6) (em) 2. The department of justice shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

SB55-SSA1-SA2, s. 2413g Section 2413g. 100.208 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,346,14 100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:

SB55-SSA1-SA2, s. 2413h Section 2413h. 100.208 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,346,18 100.208 (2) (b) The department of justice has issued an order under s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.

SB55-SSA1-SA2, s. 2413j Section 2413j. 100.209 (3) of the statutes is amended to read:

SB55-SSA1-SA2,346,24 100.209 (3) Rules and local ordinances allowed. This section does not prohibit the department of justice from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).

SB55-SSA1-SA2, s. 2413k Section 2413k. 100.209 (4) (b) of the statutes is amended to read:

SB55-SSA1-SA2,347,2 100.209 (4) (b) The department of justice and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

SB55-SSA1-SA2, s. 2413m Section 2413m. 100.2095 (6) (b) of the statutes is amended to read:

SB55-SSA1-SA2,347,8 100.2095 (6) (b) The department of justice may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (3), (4) or (5). Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.

SB55-SSA1-SA2, s. 2413n Section 2413n. 100.2095 (6) (c) of the statutes is amended to read:

SB55-SSA1-SA2,347,12 100.2095 (6) (c) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).

SB55-SSA1-SA2, s. 2413p Section 2413p. 100.21 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,347,18 100.21 (2) (a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is also an unfair method of competition and trade practice prohibited under s. 100.20.

SB55-SSA1-SA2, s. 2413r Section 2413r. 100.21 (4) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,347,21 100.21 (4) (a) (intro.) The department may, after public hearing, issue general or special orders under s. 100.20:

SB55-SSA1-SA2, s. 2413t Section 2413t. 100.22 (4) (b) of the statutes is amended to read:

SB55-SSA1-SA2,348,2 100.22 (4) (b) The department of justice may, without alleging or proving that no other adequate remedy at law exists, bring an action to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.

SB55-SSA1-SA2, s. 2418m Section 2418m. 100.235 (11) (a) of the statutes is amended to read:

SB55-SSA1-SA2,348,7 100.235 (11) (a) Forfeiture. Any person who violates this section or any rule promulgated or order issued under this section may be required to forfeit not less than $100 nor more than $10,000. Notwithstanding s. 165.25 (1), the department may commence an action to recover a forfeiture under this paragraph.

SB55-SSA1-SA2, s. 2421m Section 2421m. 100.26 (6) of the statutes is amended to read:

SB55-SSA1-SA2,348,18 100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of Any person violating an injunction issued under s. 100.18, 100.182 or 100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000 for each violation. Any person violating an order issued under s. 100.20 is subject to a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.".

SB55-SSA1-SA2,348,19 1014. Page 890, line 8: delete lines 8 to 12 and substitute:

SB55-SSA1-SA2,348,21 " Section 2426b. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3) (b) and amended to read:

SB55-SSA1-SA2,349,2 100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of ch. 98, a rule promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under subd. 2. par. (c).".

SB55-SSA1-SA2,349,3 1015. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,349,4 " Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,349,12 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10) (b) or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:".

SB55-SSA1-SA2,349,13 1016. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,349,14 " Section 2430b. 100.30 (2) (a) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430d Section 2430d. 100.30 (2) (am) 1m. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430f Section 2430f. 100.30 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,350,5 100.30 (2) (b) "Cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) mean bona fide costs; and purchases made by retailers, or wholesalers, wholesalers of motor vehicle fuel and refiners at prices which that cannot be justified by prevailing market conditions within this state shall not be used in determining cost to the retailer and cost to the wholesaler. Prices at which purchases of merchandise other than motor vehicle fuel are made by retailers or wholesalers cannot be justified by prevailing market conditions in this state when they are below the lowest prices at which the manufacturer or producer of such merchandise sells to other retailers or wholesalers in this state. Prices at which sales of motor vehicle fuel are made by retailers, wholesalers, wholesalers of motor vehicle fuel and refiners cannot be justified by prevailing market conditions in this state when they are below the applicable cost to retailers and cost to wholesalers specified under pars. (am) and (c).

SB55-SSA1-SA2, s. 2430g Section 2430g. 100.30 (2) (c) 1g. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430j Section 2430j. 100.30 (2) (c) 1r. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430k Section 2430k. 100.30 (2) (cg) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kb Section 2430kb. 100.30 (2) (cj) of the statutes is amended to read:

SB55-SSA1-SA2,350,14 100.30 (2) (cj) "Existing price of a competitor" means a price being simultaneously offered to a buyer for merchandise of like quality and quantity by a person who is a direct competitor of the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner and from whom the buyer can practicably purchase the merchandise.

SB55-SSA1-SA2, s. 2430kd Section 2430kd. 100.30 (2) (cL) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kf Section 2430kf. 100.30 (2) (cm) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kh Section 2430kh. 100.30 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,350,22 100.30 (2) (d) "Replacement cost" means the cost computed as specified in par. (am) or (c) at which the merchandise sold could have been bought by the retailer, or wholesaler or wholesaler of motor vehicle fuel at any time if bought in the same quantity as the retailer's, or wholesaler's or wholesaler of motor vehicle fuel's last purchase of the said merchandise.

SB55-SSA1-SA2, s. 2430kj Section 2430kj. 100.30 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,351,2 100.30 (2) (e) "Retailer" includes every person engaged in the business of making sales at retail within this state, other than sales of motor vehicle fuel, but, in the case of a person engaged in the business of selling both at retail and at wholesale, such term shall be applied only to the retail portion of such business.

SB55-SSA1-SA2, s. 2430kL Section 2430kL. 100.30 (2) (g) of the statutes is amended to read:

SB55-SSA1-SA2,351,9 100.30 (2) (g) "Sell",," "sale" or "sold" includes any advertising or offer to sell or any transfer of merchandise where title is retained by the retailer , or wholesaler, wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase price. In determining the selling price of merchandise by wholesalers , wholesalers of motor vehicle fuel, and retailers and refiners under this section, all fractions of a cent shall be carried to the next full cent.

SB55-SSA1-SA2, s. 2430km Section 2430km. 100.30 (2) (j) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kn Section 2430kn. 100.30 (2) (m) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430ko Section 2430ko. 100.30 (2m) (a) of the statutes is amended to read:

SB55-SSA1-SA2,351,18 100.30 (2m) (a) When one or more items of merchandise , other than motor vehicle fuel, are furnished or sold in combination with or on condition of the purchase of one or more other items, or are so advertised, all items shall be included in determining cost under sub. (2) (am) or (c); and if any of the items included therein are separately priced, such separate price shall be subject to the requirements of this section.