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.
SB44-SSA1-SA45,23,109
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
10department of justice.
SB44-SSA1-SA45,23,1512
100.38
(5) Inspection. The department
of justice shall enforce this section by
13inspection, chemical analyses or any other appropriate method and the department
14of justice may promulgate such rules as are necessary to effectively enforce this
15section.
SB44-SSA1-SA45,23,1917
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
18adulterated or misbranded. In addition to the penalties provided under sub. (7), the
19department
of justice may bring an action to enjoin violations of this section.
SB44-SSA1-SA45,23,2221
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
22department of justice.
SB44-SSA1-SA45,23,2524
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
25department of justice.
SB44-SSA1-SA45,24,32
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
3department of justice.
SB44-SSA1-SA45,24,115
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 6may, on behalf of the state, bring an action in any court of competent jurisdiction for
7the recovery of forfeitures authorized under sub. (4), for temporary or permanent
8injunctive relief and for any other appropriate relief. The court may make any order
9or judgment that is necessary to restore to any person any pecuniary loss suffered
10because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
11court.
SB44-SSA1-SA45,24,1513
100.46
(1) Energy conservation standards. The department
of justice may by
14rule adopt energy conservation standards for products that have been established in
15or promulgated under
42 USC 6291 to
6309.
SB44-SSA1-SA45,24,2117
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
18or cause to be installed any product that is not in compliance with rules promulgated
19under sub. (1). In addition to other penalties and enforcement procedures, the
20department
of justice may apply to a court for a temporary or permanent injunction
21restraining any person from violating a rule adopted under sub. (1).
SB44-SSA1-SA45,24,2523
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
24department
of justice may seek an injunction restraining any person from violating
25this section.
SB44-SSA1-SA45,25,42
100.50
(6) (c) The department
of justice, or any district attorney upon the
3request of the department
of justice, may commence an action in the name of the
4state under par. (a) or (b).
SB44-SSA1-SA45,25,76
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
7department of justice.".
SB44-SSA1-SA45,25,1310
101.175
(3) (intro.) The department, in consultation with the department of
11agriculture, trade and consumer protection justice, shall establish by rule quality
12standards for local energy resource systems which do not impede development of
13innovative systems but which do:".
SB44-SSA1-SA45,25,2216
134.71
(12) Applications and forms. The department of agriculture, trade and
17consumer protection
, in consultation with the department of justice, shall develop
18applications and other forms required under subs. (5) (intro.) and (8) (c). The
19department
of agriculture, trade and consumer protection shall print a sufficient
20number of applications and forms to provide to counties and municipalities for
21distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
22dealers at no cost.".
SB44-SSA1-SA45,26,2
1136.03 (title)
Duties of the department of agriculture, trade and
2consumer protection justice.
SB44-SSA1-SA45,26,84
136.03
(1) (intro.) The department of
agriculture, trade and consumer
5protection justice shall investigate violations of this chapter and of rules and orders
6issued under s. 136.04. The department
of justice may subpoena persons and records
7to facilitate its investigations, and may enforce compliance with such subpoenas as
8provided in s. 885.12. The department
of justice may
in on behalf of the state:
SB44-SSA1-SA45,26,13
10136.04 Powers of the department of agriculture, trade and consumer
11protection justice. (1) The department of
agriculture, trade and consumer
12protection justice may adopt such rules as may be required to carry out the purposes
13of this chapter.
SB44-SSA1-SA45,26,17
14(2) The department of
agriculture, trade and consumer protection justice after
15public hearing may issue general or special orders to carry out the purposes of this
16chapter and to determine and prohibit unfair trade practices in business or unfair
17methods of competition in business pursuant to s. 100.20 (2) to (4).".
SB44-SSA1-SA45,27,320
165.065
(2) The assistant attorney general in charge of antitrust investigations
21and prosecutions is to cooperate actively with the antitrust division of the U.S.
22department of justice in everything that concerns monopolistic practices in
23Wisconsin, and also to cooperate actively with the department of agriculture, trade
24and consumer protection in the work which this agency is carrying on
under s. 100.20
1of the marketing law with regard to monopolistic practices in the field of agriculture
2and with the federal trade commission on matters arising in or affecting Wisconsin
3which pertain to its jurisdiction.
SB44-SSA1-SA45,27,135
165.25
(4) (ar) The department of justice shall
furnish all legal services
6required by represent the department of agriculture, trade and consumer protection
7in any court action relating to the enforcement of
ss. 100.171, 100.173, 100.174,
8100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21,
9100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 10ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201,
11100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and
12100.48, together with any other services as are necessarily connected to the legal
13services.
