SB55-SSA1-SA2,347,2
1100.209
(4) (b) The department
of justice and the district attorneys of this state
2have concurrent authority to institute civil proceedings under this section.
SB55-SSA1-SA2,347,84
100.2095
(6) (b) The department
of justice may commence an action in the
5name of the state to restrain by temporary or permanent injunction a violation of sub.
6(3), (4) or (5). Before entry of final judgment, the court may make any necessary
7orders to restore to any person any pecuniary loss suffered by the person because of
8the violation.
SB55-SSA1-SA2,347,1210
100.2095
(6) (c) The department
of justice or any district attorney may
11commence an action in the name of the state to recover a forfeiture to the state of not
12less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB55-SSA1-SA2,347,1814
100.21
(2) (a) No person may make an energy savings or safety claim without
15a reasonable and currently accepted scientific basis for the claim when the claim is
16made. Making an energy savings or safety claim without a reasonable and currently
17accepted scientific basis is
also an unfair method of competition and trade practice
18prohibited under s. 100.20.
SB55-SSA1-SA2,347,2120
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
21or special orders
under s. 100.20:
SB55-SSA1-SA2,348,223
100.22
(4) (b) The department
of justice may, without alleging or proving that
24no other adequate remedy at law exists, bring an action to enjoin violations of this
1section or a special order issued under this section in the circuit court for the county
2where the alleged violation occurred.
SB55-SSA1-SA2,348,74
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
5promulgated or order issued under this section may be required to forfeit not less
6than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
7may commence an action to recover a forfeiture under this paragraph.
SB55-SSA1-SA2,348,189
100.26
(6) The department, the department of justice, after consulting with the
10department, or any district attorney may commence an action in the name of the
11state to recover a civil forfeiture to the state of not less than $100 nor more than
12$10,000 for each violation of Any person violating an injunction issued under s.
13100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
14protection or any district attorney may commence an action in the name of the state
15to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
16for each violation. Any person violating an order issued under s. 100.20 is subject
17to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
18violation
of an order issued under s. 100.20.".
SB55-SSA1-SA2,348,21
20"
Section 2426b. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3)
21(b) and amended to read:
SB55-SSA1-SA2,349,222
100.261
(3) (b) The state treasurer shall deposit the
consumer protection 23assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
2498, or an ordinance enacted under ch. 98 in the general fund and shall credit them
1to the appropriation account under s. 20.115 (1) (jb), subject to the limit under
subd.
22. par. (c).".
SB55-SSA1-SA2,349,125
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
6imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
7100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
8(b) or a rule promulgated under one of those sections, the person shall be subject to
9a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
10the defendant, for which the violation was imposed, was perpetrated against an
11elderly person or disabled person and if the court finds that any of the following
12factors is present:".
SB55-SSA1-SA2,350,517
100.30
(2) (b) "Cost to retailer" and "cost to wholesaler" as defined in pars. (am)
18and (c) mean bona fide costs; and purchases made by retailers
, or wholesalers
, 19wholesalers of motor vehicle fuel and refiners at prices
which that cannot be justified
20by prevailing market conditions within this state shall not be used in determining
21cost to the retailer and cost to the wholesaler.
Prices at which purchases of
22merchandise other than motor vehicle fuel are made by retailers or wholesalers
23cannot be justified by prevailing market conditions in this state when they are below
24the lowest prices at which the manufacturer or producer of such merchandise sells
1to other retailers or wholesalers in this state. Prices at which sales of motor vehicle
2fuel are made by retailers, wholesalers, wholesalers of motor vehicle fuel and refiners
3cannot be justified by prevailing market conditions in this state when they are below
4the applicable cost to retailers and cost to wholesalers specified under pars. (am) and
5(c).
SB55-SSA1-SA2,350,1410
100.30
(2) (cj) "Existing price of a competitor" means a price being
11simultaneously offered to a buyer for merchandise of like quality and quantity by a
12person who is a direct competitor of the retailer
,
or wholesaler,
wholesaler of motor
13vehicle fuel or refiner and from whom the buyer can practicably purchase the
14merchandise.
SB55-SSA1-SA2,350,2218
100.30
(2) (d) "Replacement cost" means the cost computed as specified in par.
19(am) or (c) at which the merchandise sold could have been bought by the retailer
, or 20wholesaler
or wholesaler of motor vehicle fuel at any time if bought in the same
21quantity as the retailer's
, or wholesaler's
or wholesaler of motor vehicle fuel's last
22purchase of the said merchandise.
SB55-SSA1-SA2,351,224
100.30
(2) (e) "Retailer" includes every person engaged in the business of
25making sales at retail within this state
, other than sales of motor vehicle fuel, but,
1in the case of a person engaged in the business of selling both at retail and at
2wholesale, such term shall be applied only to the retail portion of such business.
SB55-SSA1-SA2,351,94
100.30
(2) (g) "Sell
",," "sale" or "sold" includes any advertising or offer to sell
5or any transfer of merchandise where title is retained by the retailer
, or wholesaler
,
6wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase
7price. In determining the selling price of merchandise by wholesalers
, wholesalers
8of motor vehicle fuel, and retailers
and refiners under this section, all fractions of a
9cent shall be carried to the next full cent.
SB55-SSA1-SA2,351,1813
100.30
(2m) (a) When one or more items of merchandise
, other than motor
14vehicle fuel, are furnished or sold in combination with or on condition of the purchase
15of one or more other items, or are so advertised, all items shall be included in
16determining cost under sub. (2) (am) or (c); and if any of the items included therein
17are separately priced, such separate price shall be subject to the requirements of this
18section.
SB55-SSA1-SA2,352,621
100.30
(3) Illegality of loss leaders. Any sale of any item of merchandise
22either, other than motor vehicle fuel, by a retailer
, or wholesaler
, wholesaler of motor
23vehicle fuel or refiner, at less than cost as defined in this section with the intent or
24effect of inducing the purchase of other merchandise or of unfairly diverting trade
25from a competitor, impairs and prevents fair competition, injures public welfare and
1is unfair competition and contrary to public policy and the policy of this section. Such
2sales are prohibited. Evidence of any sale of any item of merchandise
, other than
3motor vehicle fuel, by any retailer
, or wholesaler
, wholesaler of motor vehicle fuel or
4refiner at less than cost as defined in this section shall be prima facie evidence of
5intent or effect to induce the purchase of other merchandise, or to unfairly divert
6trade from a competitor, or to otherwise injure a competitor.
SB55-SSA1-SA2,352,158
100.30
(5) (a) The department may issue a special order as provided in s. 93.18
9against a retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner requiring
10the person to cease and desist from violating this section in the sale of cigarettes or
11other tobacco products
, or fermented malt beverages, intoxicating liquor or wine
or
12motor vehicle fuel. The department or a district attorney may commence an action
13on behalf of the state against a retailer
, or wholesaler
, wholesaler of motor vehicle
14fuel or refiner who violates a special order issued under this paragraph to recover a
15forfeiture of not less than $200 nor more than $5,000 for each violation.
SB55-SSA1-SA2,352,2318
100.30
(6) (a) 7. The price of merchandise is made in good faith to meet an
19existing price of a competitor and is based on evidence in the possession of the
20retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner in the form of an
21advertisement, proof of sale or receipted purchase, price survey or other business
22record maintained by the retailer
, or wholesaler
, wholesaler of motor vehicle fuel or
23refiner in the ordinary course of trade or the usual conduct of business.
SB55-SSA1-SA2,353,123
100.30
(5r) Private cause of action; sale of tobacco products. Any person
4who is injured or threatened with injury as a result of a sale or purchase of cigarettes
5or other tobacco products in violation of this section may bring an action against the
6person who violated this section for temporary or permanent injunctive relief or an
7action against the person for 3 times the amount of any monetary loss sustained or
8an amount equal to $2,000, whichever is greater, multiplied by each day of continued
9violation, together with costs, including accounting fees and reasonable attorney
10fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may
11bring the action on behalf of the person injured or threatened with injury and be
12entitled to the same relief as the person injured or threatened with injury.".
SB55-SSA1-SA2,353,1915
100.261
(3) (d) The state treasurer shall deposit the consumer protection
16assessment amounts imposed for a violation of this chapter, a rule promulgated
17under this chapter, or an ordinance enacted under this chapter in the general fund
18and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
19the limit under par. (e).
SB55-SSA1-SA2,353,2221
100.261
(3) (e) The amount credited to the appropriation account under s.
2220.455 (1) (g) may not exceed $185,000 in each fiscal year.".
SB55-SSA1-SA2,354,12
1100.263 Recovery. In addition to other remedies available under this chapter,
2the court may award
the department the reasonable and necessary costs of
3investigation and an amount reasonably necessary to remedy the harmful effects of
4the violation and the court may award
the department of justice the reasonable and
5necessary expenses of prosecution, including attorney fees, from any person who
6violates this chapter. The
department and the department of justice amounts
7awarded under this subsection shall
deposit be deposited in the state treasury for
8deposit in the general fund
all moneys that the court awards to the department, the
9department of justice or the state under this section. Ten percent of the money
10deposited in the general fund that was awarded under this section for the costs of
11investigation and the expenses of prosecution, including attorney fees, shall be
12credited to the appropriation account under s. 20.455 (1) (gh).
SB55-SSA1-SA2,354,1614
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
15department
of justice may seek an injunction restraining any person from violating
16this section.
SB55-SSA1-SA2,354,2018
100.28
(4) (c) The department
of justice, or any district attorney upon the
19request of the department
of justice, may commence an action in the name of the
20state under par. (a) or (b).
SB55-SSA1-SA2,355,222
100.31
(4) Penalties. For any violation of this section, the department
of
23justice or a district attorney may commence an action on behalf of the state to recover
24a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
25delivery of a drug sold to a purchaser at a price in violation of this section and each
1separate day in violation of an injunction issued under this section is a separate
2offense.
SB55-SSA1-SA2,355,94
100.31
(5) Special remedies. The department
of justice or a district attorney
5may bring an action to enjoin a violation of this section without being compelled to
6allege or prove that an adequate remedy at law does not exist. An action under this
7subsection may be commenced and prosecuted by the department
of justice or a
8district attorney, in the name of the state, in a circuit court in the county where the
9offense occurred or in Dane County, notwithstanding s. 801.50.
SB55-SSA1-SA2,355,1211
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
SB55-SSA1-SA2,355,1714
100.38
(5) Inspection. The department
of justice shall enforce this section by
15inspection, chemical analyses or any other appropriate method and the department
16of justice may promulgate such rules as are necessary to effectively enforce this
17section.
SB55-SSA1-SA2,355,2119
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
20adulterated or misbranded. In addition to the penalties provided under sub. (7), the
21department
of justice may bring an action to enjoin violations of this section.
SB55-SSA1-SA2,355,2423
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
24department of justice.
SB55-SSA1-SA2,356,2
1100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
2department of justice.
SB55-SSA1-SA2,356,54
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB55-SSA1-SA2,356,137
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 8may, on behalf of the state, bring an action in any court of competent jurisdiction for
9the recovery of forfeitures authorized under sub. (4), for temporary or permanent
10injunctive relief and for any other appropriate relief. The court may make any order
11or judgment that is necessary to restore to any person any pecuniary loss suffered
12because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
13court.".
