SB44-SSA1-SA113,1,10
415.13 Department of agriculture, trade and consumer protection;
5creation. There is created a department of agriculture, trade and consumer
6protection under the direction and supervision of the board of agriculture, trade and
7consumer protection. The board shall consist of
7
9 members with an agricultural
8background
and 2 members who are consumer representatives, appointed for
9staggered 6-year terms. Appointments to the board shall be made without regard
10to party affiliation, residence or interest in any special organized group.
SB44-SSA1-SA113,2,4
115.137
(1) (a) (intro.) There is created in the department of agriculture, trade
2and consumer protection an agricultural producer security council consisting of the
3following members appointed by the secretary of agriculture
, trade, and rural
4resources for 3-year terms:".
SB44-SSA1-SA113,2,13
73. Page 97, line 11: decrease the dollar amount for fiscal year 2003-04 by
8$1,445,400 and decrease the dollar amount for fiscal year 2004-05 by $1,445,400 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to decrease the authorized
11FTE positions of the department of agriculture, trade and rural resources by 26.35
12GPR positions related to the transferred programs, functions, and activities, and
13adjust the NET APPROPRIATION totals accordingly.
SB44-SSA1-SA113,2,19
144. Page 97, line 20: decrease the dollar amount for fiscal year 2003-04 by
15$21,000 and decrease the dollar amount for fiscal year 2004-05 by $21,000 to reflect
16the transfer of certain consumer information programs, functions, and enforcement
17activities to the department of justice and to decrease the authorized FTE positions
18of the department of agriculture, trade and rural resources by 0.20 PR position
19related to the transferred programs, functions, and activities.
SB44-SSA1-SA113,3,2
205. Page 97, line 22: decrease the dollar amount for fiscal year 2003-04 by
21$31,100 and decrease the dollar amount for fiscal year 2004-05 by $31,100 to reflect
22the transfer of certain consumer information programs, functions, and enforcement
23activities to the department of justice and to decrease the authorized FTE positions
1of the department of agriculture, trade and rural resources by 0.30 PR position
2related to the transferred programs, functions, and activities.
SB44-SSA1-SA113,3,7
58. Page 125, line 13: increase the dollar amount for fiscal year 2003-04 by
6$50,000,000 and increase the dollar amount for fiscal year 2004-05 by $50,000,000
7to increase funding for the purpose for which the appropriation is made.
SB44-SSA1-SA113,3,10
89. Page 131, line 3: decrease the dollar amount for fiscal year 2003-04 by
9$25,000,000 and decrease the dollar amount for fiscal year 2004-05 by $25,000,000
10to decrease funding for the purpose for which the appropriation is made.
SB44-SSA1-SA113,3,13
1110. Page 195, line 13: decrease the dollar amount for fiscal year 2003-04 by
12$50,000,000 and decrease the dollar amount for fiscal year 2004-05 by $50,000,000
13to decrease funding for the purposes for which the appropriation is made.
SB44-SSA1-SA113,3,16
1411. Page 195, line 13: decrease the dollar amount for fiscal year 2003-04 by
15$46,000,000 and decrease the dollar amount for fiscal year 2004-05 by $25,000,000
16to decrease funding for the purposes for which the appropriation is made.
SB44-SSA1-SA113,3,21
1712. Page 195, line 17: increase the dollar amount for fiscal year 2003-04 by
18$419,200 and increase the dollar amount for fiscal year 2004-05 by $410,700 for the
19purpose of restoring the amount of the enrollment fee for the prescription drug
20assistance program under section 49.688 (3) (a) of the statutes to the amount
21specified under section 49.688 (3) (a), 2001 stats.
SB44-SSA1-SA113,4,4
2213. Page 196, line 2: increase the dollar amount for fiscal year 2003-04 by
23$8,327,400 and increase the dollar amount for fiscal year 2004-05 by $11,878,600 for
1the purpose of restoring the amounts of the deductible and copayment for the
2prescription drug assistance program under section 49.688 (3) (b) 1. and 2. b. and (c)
32. of the statutes to the amounts specified under section 49.688 (3) (b) 1. and 2. b. and
4(c) 2., 2001 stats.
SB44-SSA1-SA113,4,7
514. Page 198, line 17: increase the dollar amount for fiscal year 2003-04 by
6$50,000,000 and increase the dollar amount for fiscal year 2004-05 by $50,000,000
7to increase funding for the purposes for which the appropriation is made.
SB44-SSA1-SA113,4,10
815. Page 198, line 17: increase the dollar amount for fiscal year 2003-04 by
9$46,000,000 and increase the dollar amount for fiscal year 2004-05 by $25,000,000
10to increase funding for the purposes for which the appropriation is made.
SB44-SSA1-SA113,4,18
1317. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by
14$1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to
15reflect the transfer of certain consumer information programs, functions, and
16enforcement activities to the department of justice and to increase the authorized
17FTE positions of the department of justice by 26.0 GPR positions related to
18transferred programs, functions, and activities.
SB44-SSA1-SA113,5,3
120. Page 214, line 13: decrease the dollar amount for fiscal year 2003-04 by
2$50,000 and decrease the dollar amount for fiscal year 2004-05 by $50,000 to
3decrease funding for the hotline for reporting dangerous weapons in schools.
SB44-SSA1-SA113,5,116
20.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
7amounts in the schedule for administration of the mobile air conditioner servicing
8and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
9100.50 relating to sales and labeling of products containing or made with
10ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
113. and (5m) shall be credited to this appropriation.".
SB44-SSA1-SA113,5,1818
20.455
(1) (title)
Legal and regulatory services.
SB44-SSA1-SA113,5,2320
20.455
(1) (g)
Consumer protection, information, and education. The amounts
21in the schedule for consumer protection and consumer information and education.
22All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
23account, subject to the limit under s. 100.261 (3) (e).
SB44-SSA1-SA113,6,4
120.455
(1) (j)
Telephone solicitation regulation. All moneys received from
2telephone solicitor registration and registration renewal fees paid under the rules
3promulgated under s. 100.52 (3) (a) for establishing and maintaining the
4nonsolicitation directory under s. 100.52 (2).".
SB44-SSA1-SA113,6,77
25.77
(2m) All moneys transferred from the patients compensation fund.".
SB44-SSA1-SA113,6,1813
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
14with law, as it may deem necessary for the exercise and discharge of all
of the powers
15and duties of the department, and to adopt such measures and make such
16regulations as are necessary and proper for the
enforcement by the state of
17department to carry out its duties and powers under chs. 93 to 100
, which regulations
18shall have the force of law.
SB44-SSA1-SA113,6,2220
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
21100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
22100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44-SSA1-SA113,7,3
193.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
288 and 93 to
99, those laws under ch. 100
administered by the department, and all
3other laws entrusted to its administration, and especially:
SB44-SSA1-SA113,7,64
(a) To enforce the laws
administered by the department regarding the
5production, manufacture and sale, offering or exposing for sale or having in
6possession with intent to sell, of any dairy, food or drug product.
SB44-SSA1-SA113,7,87
(b) To enforce the laws
administered by the department regarding the
8adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44-SSA1-SA113,7,139
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
10of food, drink, condiment or drug made or offered for sale within this state which it
11may suspect or have reason to believe
, under the laws administered by the
12department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
13in any way unlawful.
SB44-SSA1-SA113,7,1814
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
15department, any person engaged in the manufacture or sale, offering or exposing for
16sale or having in possession with intent to sell, of any adulterated dairy product or
17of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
18of food, drink, condiment or drug.
SB44-SSA1-SA113,8,620
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
21to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
22product or related material ceased, shall give written notice of its finding to the
23manufacturer, seller or other person responsible for placing the item in the channels
24of trade in this state. After such notice no person may sell, remove or otherwise
25dispose of such item except as directed by the department
of justice. Any person
1affected by such notice may demand a prompt hearing to determine the validity of
2the
department's findings
of the department of justice. The hearing, if requested,
3shall be held as expeditiously as possible but not later than 30 days after notice. A
4request for hearing does not operate to stay enforcement of the order during the
5pendency of the hearing. The person petitioning for a hearing shall be entitled to the
6same rights specified under sub. (2).
SB44-SSA1-SA113,8,108
93.18
(7) The department of justice shall follow the procedures under subs. (1),
9(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
10department of justice.
SB44-SSA1-SA113,8,1512
93.20
(1) Definition. In this section, "action" means an action that is
13commenced in court by, or on behalf of, the department of agriculture, trade and
14consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
15commenced in court by the department of justice to enforce ch. 100.
SB44-SSA1-SA113,8,1817
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
18100.30, and 100.51, the department may be represented by its attorney.
SB44-SSA1-SA113,8,2320
93.22
(2) The department may, with the approval of the governor, appoint
21special counsel to prosecute or assist in the prosecution of any case arising under chs.
2288 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
23special counsel shall be charged to the appropriation for the department.".
SB44-SSA1-SA113,9,52
100.07
(6) Action Upon request of the department of agriculture, trade, and
3rural resources, an action to enjoin violation of this section may be commenced and
4prosecuted by the department
of justice in the name of the state in any court having
5equity jurisdiction.
SB44-SSA1-SA113,9,118
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
9I felony. A person intentionally violates this section if the violation occurs after the
10department
of justice or a district attorney has notified the person by certified mail
11that the person is in violation of this section.
SB44-SSA1-SA113,9,1513
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
14violations of this section. The department
of justice or any district attorney may on
15behalf of the state:
SB44-SSA1-SA113,9,1917
100.173
(4) (intro.) The department
of justice shall investigate violations of this
18section. The department
of justice, or any district attorney upon informing the
19department
of justice, may, on behalf of the state, do any of the following:
SB44-SSA1-SA113,9,2521
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
22any court of competent jurisdiction for any violation of this section. The relief sought
23by the department
of justice or district attorney may include the payment by a
24promoter into an escrow account of an amount estimated to be sufficient to pay for
25ticket refunds. The court may, upon entry of final judgment, award restitution when
1appropriate to any person suffering loss because of violations of this section if proof
2of such loss is submitted to the satisfaction of the court.
SB44-SSA1-SA113,10,54
100.174
(5) (intro.) The department
of justice or any district attorney may on
5behalf of the state:
SB44-SSA1-SA113,10,87
100.174
(6) The department
of justice shall investigate violations of and
8enforce this section.
SB44-SSA1-SA113,10,1510
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
11pay more than $100 for dating services before the buyer receives or has the
12opportunity to receive those services unless the person selling dating services
13establishes proof of financial responsibility by maintaining any of the following
14commitments approved by the department
of justice in an amount not less than
15$25,000:
SB44-SSA1-SA113,10,2217
100.175
(5) (b) The commitment described in par. (a) shall be established in
18favor of or made payable to the state, for the benefit of any buyer who does not receive
19a refund under the contractual provision described in sub. (3). The person selling
20dating services shall file with the department
of justice any agreement, instrument
21or other document necessary to enforce the commitment against the person selling
22dating services or any relevant 3rd party, or both.
SB44-SSA1-SA113,10,2524
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
25on behalf of the state:
SB44-SSA1-SA113,11,52
100.175
(7) (b) The department
of justice may bring an action in circuit court
3to recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).