SB44-SSA1-SA45,12,138
100.182
(5) (a) Any district attorney, after informing the department
of justice,
9or the department
of justice may seek a temporary or permanent injunction in circuit
10court to restrain any violation of this section. Prior to entering a final judgment the
11court may award damages to any person suffering monetary loss because of a
12violation. The department
of justice may subpoena any person or require the
13production of any document to aid in investigating alleged violations of this section.
SB44-SSA1-SA45,12,2115
100.182
(5) (b) In lieu of instituting or continuing an action under this
16subsection, the department
of justice may accept a written assurance from a violator
17of this section that the violation has ceased. If the terms of the assurance so provide,
18its acceptance by the department
of justice prevents all district attorneys from
19prosecuting the violation. An assurance is not evidence of a violation of this section
20but violation of an assurance is subject to the penalties and remedies of violating this
21section.
SB44-SSA1-SA45,13,323
100.20
(2) (a) The department
of justice, after public hearing, may issue
24general orders forbidding methods of competition in business or trade practices in
25business which are determined by the department
of justice to be unfair. The
1department
of justice, after public hearing, may issue general orders prescribing
2methods of competition in business or trade practices in business which are
3determined by the department
of justice to be fair.
SB44-SSA1-SA45,13,95
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
6any order or promulgate any rule that regulates the provision of water or sewer
7service by a manufactured home park operator, as defined in s. 101.91 (8), or
8manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
9to the extent that the rule regulates the provision of such water or sewer service.
SB44-SSA1-SA45,13,1711
100.20
(3) The department
of justice, after public hearing, may issue a special
12order against any person, enjoining such person from employing any method of
13competition in business or trade practice in business which is determined by the
14department
of justice to be unfair or from providing service in violation of sub. (1t).
15The department
of justice, after public hearing, may issue a special order against any
16person, requiring such person to employ the method of competition in business or
17trade practice in business which is determined by the department
of justice to be fair.
SB44-SSA1-SA45,14,219
100.20
(4) The If the department of justice
may file a written complaint with
20the department alleging that the has reason to believe that a person
named is
21employing unfair methods of competition in business or unfair trade practices in
22business or both
. Whenever such a complaint is filed
, it shall be the duty of the
23department
of justice to proceed, after proper notice and in accordance with its rules,
24to the hearing and adjudication of the
matters alleged, and a representative of the
25department of justice designated by the attorney general may appear before the
1department in such proceedings. The department of justice shall be entitled to
2judicial review of the decisions and orders of the department under ch. 227 matter.
SB44-SSA1-SA45,14,114
100.20
(6) The department
of justice may commence an action in circuit court
5in the name of the state to restrain by temporary or permanent injunction the
6violation of any order issued under this section. The court may in its discretion, prior
7to entry of final judgment
, make such orders or judgments as may be necessary to
8restore to any person any pecuniary loss suffered because of the acts or practices
9involved in the action, provided proof thereof is submitted to the satisfaction of the
10court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 11investigate violations of any order issued under this section.
SB44-SSA1-SA45,14,1613
100.201
(6) (d) The failure to pay fees under this subsection within the time
14provided under par. (c) is a violation of this section. The department
of justice may
15also commence an action to recover the amount of any overdue fees plus interest at
16the rate of 2% per month for each month that the fees are delinquent.
SB44-SSA1-SA45,14,2418
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
19acts or omissions which take place in whole or in part outside this state. In any action
20or administrative proceeding the department
of justice has jurisdiction of the person
21served under s. 801.11 when any act or omission outside this state by the defendant
22or respondent results in local injury or may have the effect of injuring competition
23or a competitor in this state or unfairly diverts trade or business from a competitor,
24if at the time:
SB44-SSA1-SA45,15,9
1100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
2public hearing held under s. 93.18, may issue a special order against any person
3requiring such person to cease and desist from acts, practices or omissions
4determined by the department
of agriculture, trade, and rural resources to violate
5this section. Such orders shall be subject to judicial review under ch. 227. Any
6violation of a special order issued hereunder shall be punishable as a contempt under
7ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the
8filing of an affidavit by the department
of justice of the commission of such violation
9in any court of record in the county where the violation occurred.
SB44-SSA1-SA45,15,1611
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
12remedies herein provided, may apply to a circuit court for a temporary or permanent
13injunction to prevent, restrain or enjoin any person from violating this section or any
14special order of the department
of agriculture, trade, and rural resources issued
15hereunder under this section, without being compelled to allege or prove that an
16adequate remedy at law does not exist.
SB44-SSA1-SA45,15,2518
100.205
(7) The department
of justice, or any district attorney on informing the
19department
of justice, may commence an action in circuit court in the name of the
20state to restrain by temporary or permanent injunction any violation of this section.
21The court may, before entry of final judgment and after satisfactory proof, make
22orders or judgments necessary to restore to any person any pecuniary loss suffered
23because of a violation of this section. The department
of justice may conduct
24hearings, administer oaths, issue subpoenas and take testimony to aid in its
25investigation of violations of this section.
SB44-SSA1-SA45,16,42
100.205
(8) The department
of justice or any district attorney may commence
3an action in the name of the state to recover a forfeiture to the state of not more than
4$10,000 for each violation of this section.
SB44-SSA1-SA45, s. 1762c
5Section 1762c. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
6and amended to read:
SB44-SSA1-SA45,16,87
100.207
(1) Definition
Definitions. (intro.) In this section
, 8"telecommunications:
SB44-SSA1-SA45,16,9
9(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB44-SSA1-SA45,16,1211
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
SB44-SSA1-SA45,16,2414
100.207
(6) (b) 1. The department
of justice, after consulting with the
15department of agriculture, trade and consumer protection, or any district attorney
16upon informing the department
of agriculture, trade and consumer protection, may
17commence an action in circuit court in the name of the state to restrain by temporary
18or permanent injunction any violation of this section. Injunctive relief may include
19an order directing telecommunications providers, as defined in s. 196.01 (8p), to
20discontinue telecommunications service provided to a person violating this section
21or ch. 196. Before entry of final judgment, the court may make such orders or
22judgments as may be necessary to restore to any person any pecuniary loss suffered
23because of the acts or practices involved in the action if proof of these acts or practices
24is submitted to the satisfaction of the court.
SB44-SSA1-SA45,17,6
1100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
2to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
3department of justice may subpoena persons
and, require the production of books
4and other documents, and
the department of justice may request the department of
5agriculture, trade and consumer protection to exercise its authority to aid in the
6investigation of investigate alleged violations of this section.
SB44-SSA1-SA45,17,128
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
9forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
10paragraph shall be enforced by the department
of justice, after consulting with the
11department of agriculture, trade and consumer protection, or, upon informing the
12department, by the district attorney of the county where the violation occurs.
SB44-SSA1-SA45,17,1814
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
15department shall form an advisory group to suggest recommendations regarding the
16content and scope of the proposed rule. The advisory group shall consist of one or
17more persons who may be affected by the proposed rule
, a representative from the
18department of justice and a representative from the public service commission.
SB44-SSA1-SA45,17,2220
100.207
(6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
SB44-SSA1-SA45,17,2524
100.208
(2) (intro.) The department
of justice shall notify the public service
25commission if any of the following conditions exists:
SB44-SSA1-SA45,18,42
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
3(3) prohibiting a telecommunications provider from engaging in an unfair trade
4practice or method of competition.
SB44-SSA1-SA45,18,106
100.209
(3) Rules and local ordinances allowed. This section does not
7prohibit the department
of justice from promulgating a rule or from issuing an order
8consistent with its authority under this chapter that gives a subscriber greater rights
9than the rights under sub. (2) or prohibit a city, village or town from enacting an
10ordinance that gives a subscriber greater rights than the rights under sub. (2).
SB44-SSA1-SA45,18,1312
100.209
(4) (b) The department
of justice and the district attorneys of this state
13have concurrent authority to institute civil proceedings under this section.
SB44-SSA1-SA45,18,1915
100.2095
(6) (b) The department
of justice may commence an action in the
16name of the state to restrain by temporary or permanent injunction a violation of sub.
17(3), (4) or (5). Before entry of final judgment, the court may make any necessary
18orders to restore to any person any pecuniary loss suffered by the person because of
19the violation.
SB44-SSA1-SA45,18,2321
100.2095
(6) (c) The department
of justice or any district attorney may
22commence an action in the name of the state to recover a forfeiture to the state of not
23less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB44-SSA1-SA45,19,5
1100.21
(2) (a) No person may make an energy savings or safety claim without
2a reasonable and currently accepted scientific basis for the claim when the claim is
3made. Making an energy savings or safety claim without a reasonable and currently
4accepted scientific basis is
also an unfair method of competition and trade practice
5prohibited under s. 100.20.
SB44-SSA1-SA45,19,87
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
8or special orders
under s. 100.20:
SB44-SSA1-SA45,19,1410
100.22
(4) (b) The department
of justice may, without alleging or proving that
11no other adequate remedy at law exists, bring an action
on behalf of the department
12of agriculture, trade, and rural resources to enjoin violations of this section or a
13special order issued under this section in the circuit court for the county where the
14alleged violation occurred.
SB44-SSA1-SA45,19,1916
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
17promulgated or order issued under this section may be required to forfeit not less
18than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
19may commence an action to recover a forfeiture under this paragraph.
SB44-SSA1-SA45,20,521
100.26
(6) The department, the department of justice, after consulting with the
22department, or any district attorney may commence an action in the name of the
23state to recover a civil forfeiture to the state of not less than $100 nor more than
24$10,000 for each violation of Any person violating an injunction issued under s.
25100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
1protection or any district attorney may commence an action in the name of the state
2to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
3for each violation. Any person violating an order issued under s. 100.20 is subject
4to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
5violation
of an order issued under s. 100.20.
SB44-SSA1-SA45,20,147
100.261
(1) If a court imposes a fine or forfeiture for a violation of this chapter
, 8or ch. 98
or 133, a rule promulgated under this chapter or ch. 98
or 133, or an
9ordinance enacted under this chapter or ch. 98
or 133, the court shall also impose a
10consumer protection assessment in an amount equal to 25% of the fine or forfeiture
11imposed. If multiple violations are involved, the court shall base the consumer
12protection assessment upon the the total of the fine or forfeiture amounts for all
13violations. If a fine or forfeiture is suspended in whole or in part, the court shall
14reduce the assessment in proportion to the suspension.".
SB44-SSA1-SA45,20,2117
100.261
(3) (b) The state treasurer shall deposit the consumer protection
18assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
1998, or an ordinance enacted under ch. 98 in the general fund and shall credit them
20to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
21(c).".
SB44-SSA1-SA45,21,106
100.261
(3) (d) The state treasurer shall deposit the consumer protection
7assessment amounts imposed for a violation of this chapter or ch. 133, a rule
8promulgated under this chapter or ch. 133, or an ordinance enacted under this
9chapter in the general fund and shall credit them to the appropriation account under
10s. 20.455 (1) (g), subject to the limit under par. (e).
SB44-SSA1-SA45, s. 1815t
11Section 1815t. 100.261 (3) (d) of the statutes, as created by 2003 Wisconsin
12Act .... (this act), is amended to read:
SB44-SSA1-SA45,21,1713
100.261
(3) (d) The
state treasurer
secretary of administration shall deposit the
14consumer protection assessment amounts imposed for a violation of this chapter or
15ch. 133, a rule promulgated under this chapter or ch. 133, or an ordinance enacted
16under this chapter in the general fund and shall credit them to the appropriation
17account under s. 20.455 (1) (g), subject to the limit under par. (e).
SB44-SSA1-SA45,21,2019
100.261
(3) (e) The amount credited to the appropriation account under s.
2020.455 (1) (g) may not exceed $375,000 in each fiscal year.".
SB44-SSA1-SA45,22,10
23100.263 Recovery. In addition to other remedies available under this chapter,
24the court may award the
department state the reasonable and necessary costs of
1investigation and an amount reasonably necessary to remedy the harmful effects of
2the violation and
the court may award the department of justice the reasonable and
3necessary expenses of prosecution, including attorney fees, from any person who
4violates this chapter. The
department and the department of justice amounts
5awarded under this subsection shall
deposit be deposited in the state treasury for
6deposit in the general fund
all moneys that the court awards to the department, the
7department of justice or the state under this section. Ten percent of the money
8deposited in the general fund that was awarded under this section for the costs of
9investigation and the expenses of prosecution, including attorney fees, shall be
10credited to the appropriation account under s. 20.455 (1) (gh).
SB44-SSA1-SA45,22,1412
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
13department
of justice may seek an injunction restraining any person from violating
14this section.
SB44-SSA1-SA45,22,1816
100.28
(4) (c) The department
of justice, or any district attorney upon the
17request of the department
of justice, may commence an action in the name of the
18state under par. (a) or (b).
SB44-SSA1-SA45,22,2520
100.31
(4) Penalties. For any violation of this section, the department
of
21justice or a district attorney may commence an action on behalf of the state to recover
22a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
23delivery of a drug sold to a purchaser at a price in violation of this section and each
24separate day in violation of an injunction issued under this section is a separate
25offense.
SB44-SSA1-SA45,23,72
100.31
(5) Special remedies. The department
of justice or a district attorney
3may bring an action to enjoin a violation of this section without being compelled to
4allege or prove that an adequate remedy at law does not exist. An action under this
5subsection may be commenced and prosecuted by the department
of justice or a
6district attorney, in the name of the state, in a circuit court in the county where the
7offense occurred or in Dane County, notwithstanding s. 801.50.
