Amendment AA27-SB44

SB44-AA27,23,8 100.28 (4) (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).

SB44-AA27, s. 1825f Section 1825f. 100.31 (4) of the statutes is amended to read:

SB44-AA27,23,15 100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

SB44-AA27, s. 1825g Section 1825g. 100.31 (5) of the statutes is amended to read:

SB44-AA27,23,22 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

SB44-AA27, s. 1825h Section 1825h. 100.37 (1) (am) of the statutes is created to read:

SB44-AA27,23,25 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44-AA27, s. 1825i Section 1825i. 100.38 (5) of the statutes is amended to read:

SB44-AA27,24,5 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

SB44-AA27, s. 1825j Section 1825j. 100.38 (6) of the statutes is amended to read:

SB44-AA27,24,9 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

SB44-AA27, s. 1825k Section 1825k. 100.41 (1) (bn) of the statutes is created to read:

SB44-AA27,24,12 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44-AA27, s. 1825m Section 1825m. 100.42 (1) (cm) of the statutes is created to read:

SB44-AA27,24,15 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44-AA27, s. 1825p Section 1825p. 100.43 (1) (am) of the statutes is created to read:

SB44-AA27,24,18 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44-AA27, s. 1825q Section 1825q. 100.44 (5) of the statutes is amended to read:

SB44-AA27,25,2 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.

SB44-AA27, s. 1825r Section 1825r. 100.46 (1) of the statutes is amended to read:

SB44-AA27,25,6 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

SB44-AA27, s. 1825s Section 1825s. 100.46 (2) of the statutes is amended to read:

SB44-AA27,25,12 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

SB44-AA27, s. 1825t Section 1825t. 100.50 (6) (b) of the statutes is amended to read:

SB44-AA27,25,16 100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB44-AA27, s. 1825u Section 1825u. 100.50 (6) (c) of the statutes is amended to read:

SB44-AA27,25,20 100.50 (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).

SB44-AA27, s. 1825w Section 1825w. 100.52 (1) (bn) of the statutes is created to read:

SB44-AA27,25,23 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.".

SB44-AA27,25,24 24. Page 755, line 3: after that line insert:

SB44-AA27,26,1 " Section 1840m. 101.175 (3) (intro.) of the statutes is amended to read:

SB44-AA27,26,5 101.175 (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:".

SB44-AA27,26,6 25. Page 806, line 3: after that line insert:

SB44-AA27,26,7 " Section 2047m. 134.71 (12) of the statutes is amended to read:

SB44-AA27,26,14 134.71 (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.".

SB44-AA27,26,15 26. Page 806, line 9: after that line insert:

SB44-AA27,26,16 " Section 2050g. 136.03 (title) of the statutes is amended to read:

SB44-AA27,26,18 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44-AA27, s. 2050j Section 2050j. 136.03 (1) (intro.) of the statutes is amended to read:

SB44-AA27,26,24 136.03 (1) (intro.) The department of agriculture, trade and consumer protection 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:

SB44-AA27, s. 2050m Section 2050m. 136.04 of the statutes is amended to read:

SB44-AA27,27,5 136.04 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.

SB44-AA27,27,9 (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).".

SB44-AA27,27,10 27. Page 838, line 15: after that line insert:

SB44-AA27,27,11 " Section 2097g. 165.065 (2) of the statutes is amended to read:

SB44-AA27,27,19 165.065 (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.

SB44-AA27, s. 2097m Section 2097m. 165.25 (4) (ar) of the statutes is amended to read:

SB44-AA27,28,5 165.25 (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, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 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.

SB44-AA27, s. 2097q Section 2097q. 165.252 of the statutes is created to read:

SB44-AA27,28,11 165.252 Consumer protection matters. The department of justice shall administer 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, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.".

SB44-AA27,28,12 28. Page 883, line 18: after that line insert:

SB44-AA27,28,13 " Section 2392m. 230.08 (2) (e) 2. of the statutes is amended to read:

SB44-AA27,28,14 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 5.".

SB44-AA27,28,15 29. Page 966, line 24: after that line insert:

SB44-AA27,28,16 " Section 2578g. 344.576 (3) (a) 5. of the statutes is amended to read:

SB44-AA27,28,18 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

SB44-AA27, s. 2578m Section 2578m. 344.576 (3) (c) of the statutes is amended to read:

SB44-AA27,28,24 344.576 (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.

SB44-AA27, s. 2578q Section 2578q. 344.579 (2) (intro.) of the statutes is amended to read:

SB44-AA27,29,5 344.579 (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:".

SB44-AA27,29,6 30. Page 988, line 19: after that line insert:

SB44-AA27,29,7 " Section 2660d. 704.90 (9) of the statutes is amended to read:

SB44-AA27,29,10 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

SB44-AA27, s. 2660g Section 2660g. 704.90 (11) (title) of the statutes is amended to read:

SB44-AA27,29,13 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44-AA27, s. 2660m Section 2660m. 704.90 (11) (a) of the statutes is amended to read:

SB44-AA27,29,19 704.90 (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.

SB44-AA27, s. 2660p Section 2660p. 707.49 (4) of the statutes is amended to read:

SB44-AA27,30,5 707.49 (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.

SB44-AA27, s. 2660s Section 2660s. 707.57 (2) of the statutes is amended to read:

SB44-AA27,30,15 707.57 (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.

SB44-AA27,30,18 (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.

SB44-AA27, s. 2660w Section 2660w. 707.57 (3) of the statutes is amended to read:

SB44-AA27,30,24 707.57 (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.".

SB44-AA27,31,1 31. Page 993, line 3: after that line insert:

SB44-AA27,31,2 " Section 2687d. 779.41 (1m) of the statutes is amended to read:

SB44-AA27,31,6 779.41 (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.

SB44-AA27, s. 2687g Section 2687g. 779.93 (title) of the statutes is amended to read:

SB44-AA27,31,9 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44-AA27, s. 2687m Section 2687m. 779.93 (1) of the statutes is amended to read:

SB44-AA27,31,15 779.93 (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.

SB44-AA27, s. 2687s Section 2687s. 779.93 (2) (intro.) of the statutes is amended to read:

SB44-AA27,31,19 779.93 (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:".

SB44-AA27,31,21 32. Page 1037, line 24: delete the material beginning with that line and ending with page 1038, line 14, and substitute:

SB44-AA27,31,22 "(1xx) Transfer of consumer protection functions.

SB44-AA27,32,7 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being 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 resolve the disagreement.

SB44-AA27,32,15 (b) Employee transfers. The departments of justice and agriculture, trade and consumer protection shall jointly determine which positions that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall be transferred to the department of justice. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The positions determined to be transferred under this paragraph, and the incumbent employees in those positions, shall be transferred to the department of justice.

SB44-AA27,32,21 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the 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.

SB44-AA27,33,5 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being 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 resolve the disagreement.