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.
SB44-SSA1-SA45,27,19
15165.252 Consumer protection matters. The department of justice shall
16administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28,
17100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid
18in the administration and enforcement of these sections. The department of justice
19may appear for the state in any court action relating to these sections.".
SB44-SSA1-SA45,27,2222
230.08
(2) (e) 2. Agriculture, trade and consumer protection —
6 5.".
SB44-SSA1-SA45,28,2
1344.576
(3) (a) 5. The address and telephone number of the department of
2agriculture, trade and consumer protection justice.
SB44-SSA1-SA45,28,84
344.576
(3) (c) The department of
agriculture, trade and consumer protection 5justice shall promulgate rules specifying the form of the notice required under par.
6(a), including the size of the paper and the type size and any highlighting of the
7information described in par. (a). The rule may specify additional information that
8must be included in the notice and the precise language that must be used.
SB44-SSA1-SA45,28,1310
344.579
(2) Enforcement. (intro.) The department of
agriculture, trade and
11consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1),
12(2) and (3) (a) and (b), 344.577 and 344.578. The department of
agriculture, trade
13and consumer protection justice may on behalf of the state:".
SB44-SSA1-SA45,28,1816
704.90
(9) Rules. The department of
agriculture, trade and consumer
17protection justice may promulgate rules necessary to carry out the purposes of this
18section.
SB44-SSA1-SA45,28,2120
704.90
(11) (title)
Duties of the department of agriculture, trade and
21consumer protection justice.
SB44-SSA1-SA45,29,323
704.90
(11) (a) Except as provided in par. (c), the department of
agriculture,
24trade and consumer protection justice shall investigate alleged violations of this
1section and rules promulgated under sub. (9). To facilitate its investigations, the
2department may subpoena persons and records and may enforce compliance with the
3subpoenas as provided in s. 885.12.
SB44-SSA1-SA45,29,135
707.49
(4) Surety bond and other options. Instead of placing deposits in an
6escrow account, a developer may obtain a surety bond issued by a company
7authorized to do business in this state, an irrevocable letter of credit or a similar
8arrangement, in an amount which at all times is not less than the amount of the
9deposits otherwise subject to the escrow requirements of this section. The bond,
10letter of credit or similar arrangement shall be filed with the department of
11agriculture, trade and consumer protection justice and made payable to the
12department of
agriculture, trade and consumer protection justice for the benefit of
13aggrieved parties.
SB44-SSA1-SA45,29,2315
707.57
(2) Department of agriculture, trade and consumer protection
16justice authority. (a) The department of
agriculture, trade and consumer
17protection justice, or any district attorney upon informing the department of
18agriculture, trade and consumer protection justice, may commence an action in
19circuit court in the name of the state to restrain by temporary or permanent
20injunction any violation of this chapter. Before entry of final judgment, the court may
21make such orders or judgments as may be necessary to restore to any person any
22pecuniary loss suffered because of the acts or practices involved in the action if proof
23of these acts or practices is submitted to the satisfaction of the court.
SB44-SSA1-SA45,30,3
1(b) The department of
agriculture, trade and consumer protection justice may
2conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its
3investigation of violations of this chapter.
SB44-SSA1-SA45,30,95
707.57
(3) Penalty. Any person who violates this chapter shall be required to
6forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall
7be enforced by action on behalf of the state by the department of
agriculture, trade
8and consumer protection justice or by the district attorney of the county where the
9violation occurs.".
SB44-SSA1-SA45,30,1512
779.41
(1m) Annually, on January 1, the department of
agriculture, trade and
13consumer protection justice shall adjust the dollar amounts identified under sub. (1)
14(intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
15determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SB44-SSA1-SA45,30,18
17779.93 (title)
Duties of the department of agriculture, trade and
18consumer protection justice.
SB44-SSA1-SA45,30,2420
779.93
(1) The department of
agriculture, trade and consumer protection 21justice shall investigate violations of this subchapter and attempts to circumvent
22this subchapter. The department of
agriculture, trade and consumer protection 23justice may subpoena persons and records to facilitate its investigations, and may
24enforce compliance with such subpoenas as provided in s. 885.12.
SB44-SSA1-SA45,31,42
779.93
(2) (intro.) The department of
agriculture, trade and consumer
3protection justice may
in on behalf of the state or
in on behalf of any person who holds
4a prepaid maintenance lien:".
SB44-SSA1-SA45,31,7
7"(1xx)
Transfer of consumer protection functions.
SB44-SSA1-SA45,31,168
(a)
Assets and liabilities. All assets and liabilities of the department of
9agriculture, trade and consumer protection that are primarily related to consumer
10protection programs or functions that are being transferred to the department of
11justice under this act shall become the assets and liabilities of the department of
12justice. The departments of justice and agriculture, trade and consumer protection
13shall jointly determine these assets and liabilities and shall jointly develop and
14implement a plan for their orderly transfer. In the event of any disagreement
15between the departments, the secretary of administration shall resolve the
16disagreement.
SB44-SSA1-SA45,31,2417
(b)
Employee transfers. The departments of justice and agriculture, trade and
18consumer protection shall jointly determine which positions that are primarily
19related to consumer protection programs or functions that are being transferred to
20the department of justice under this act shall be transferred to the department of
21justice. In the event of any disagreement between the departments, the secretary
22of administration shall resolve the disagreement. The positions determined to be
23transferred under this paragraph, and the incumbent employees in those positions,
24shall be transferred to the department of justice.
SB44-SSA1-SA45,32,6
1(c)
Employee status. Employees transferred under paragraph (b) have all the
2rights and the same status under subchapter V of chapter 111 and chapter 230 of the
3statutes in the department of justice that they enjoyed in the department of
4agriculture, trade and consumer protection immediately before the transfer.
5Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
6has attained permanent status in class is required to serve a probationary period.
SB44-SSA1-SA45,32,157
(d)
Supplies and equipment. All tangible personal property, including records,
8of the department of agriculture, trade and consumer protection that are primarily
9related to consumer protection programs or functions that are being transferred to
10the department of justice under this act are transferred to the department of justice.
11The departments of justice and agriculture, trade and consumer protection shall
12jointly identify the tangible personal property, including records, and shall jointly
13develop and implement a plan for their orderly transfer. In the event of any
14disagreement between the departments, the secretary of administration shall
15resolve the disagreement.
SB44-SSA1-SA45,32,2216
(e)
Pending matters. Any matter pending with the department of agriculture,
17trade and consumer protection that is primarily related to a consumer protection
18program or function that is being transferred to the department of justice under this
19act is being transferred to the department of justice. All materials submitted to or
20actions taken by the department of agriculture, trade and consumer protection with
21respect to the pending matter are considered as having been submitted to or taken
22by the department of justice.
SB44-SSA1-SA45,33,1023
(f)
Contracts. All contracts entered into by the department of agriculture, trade
24and consumer protection or by the department of justice that are primarily related
25to consumer protection programs or functions that are being transferred to the
1department of justice under this act, and that are in effect on the effective date of this
2paragraph, remain in effect and those contracts entered into by the department of
3agriculture, trade and consumer protection are transferred to the department of
4justice. The departments of justice and agriculture, trade and consumer protection
5shall jointly identify these contracts and shall jointly develop and implement a plan
6for their orderly transfer. In the event of any disagreement between the
7departments, the secretary of administration shall resolve the disagreement. The
8department of justice shall carry out the obligations under these contracts until the
9obligations are modified or rescinded by the department of justice to the extent
10allowed under the contract.
SB44-SSA1-SA45,33,2111
(g)
Rules and orders. All rules promulgated by the department of agriculture,
12trade and consumer protection that are in effect on the effective date of this
13paragraph and that are primarily related to consumer protection programs or
14functions that are being transferred to the department of justice under this act
15remain in effect until their specified expiration date or until amended or repealed by
16the department of justice. All orders issued by the department of agriculture, trade
17and consumer protection that are in effect on the effective date of this paragraph and
18that are primarily related to consumer protection programs or functions that are
19being transferred to the department of justice under this act remain in effect until
20their specified expiration date or until modified or rescinded by the department of
21justice.
SB44-SSA1-SA45,35,222
(1xy)
Name change. Wherever "agriculture, trade and consumer protection"
23appears in the following sections of the statutes, as affected by this act, "agriculture,
24trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a)
251. and (16) (b) 1., 15.107 (16) (b) 2., 15.13, 15.135 (4) (am) and (b) 1., 15.137 (1) (a)
1(intro.) and (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1., 15.347 (13) (b) 3. and
2(18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a), 16.023
3(1) (g) (intro.), 16.045 (3), 16.967 (6), 20.115 (intro.), 20.866 (2) (we) and (wf), 20.923
4(4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019 (3) and (12), 29.424 (2)
5(b), 29.705 (4) (b), 29.875 (2), 30.12 (4m) (a) and (b), 30.20 (1) (d), 30.46 (1) (a) and (2),
631.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a) 3. and (c), (3) (b), and (5),
741.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217 (9) (b), 66.0307 (4) (a) 1.,
866.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.), (1m), (3) (intro.), (4), (5)
9(intro.), (6), and (7), 88.13, 88.15, 88.19 (4) (a) (intro.) and (d), 88.21 (5), 88.24 (intro.),
1088.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3), 92.03 (3), 92.14 (6) (d) and (m) and (14m),
1192.15 (3), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.20 (1), 93.75
12(3m) (b), (c), and (d), 94.72 (1) (d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1)
13and (3), 95.45 (4) (b), 95.55 (5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04, 101.58
14(2) (i), 101.586, 126.01 (8), 134.71 (12), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5),
15160.01 (7), 165.065 (2), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.06
16(1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i), 173.01 (1), 174.001 (2),
17174.11 (1) and (2), 182.01 (6), 196.857 (1g) (e), 227.14 (1s), 230.08 (2) (e) 2., 234.02 (1),
18235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52 (2) (intro.), 254.58, 254.64
19(1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and (e), 281.20 (1) (a) and (3) (c)
20and (d) 3., 281.65 (3) (f), (3m) (a) 1. and (b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4.,
21(i), (L), (o), (p), and (pm), (4c) (am) 2., (4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11),
22and (12), 281.67, 281.695 (5), 281.75 (1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d)
23and (9) (d) 1. d., 292.33 (6), 299.11 (2) and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.),
24348.17 (4) (a) and (b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07
1(6), 560.17 (7) (am), 560.92 (1), 562.02 (2) (fm), 710.02 (4) (a) (intro.), 823.08 (3) (c)
21., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).
SB44-SSA1-SA45,35,93
(1xz)
Membership of the board of agriculture, trade and consumer
4protection. Notwithstanding section 15.13 of the statutes, as affected by this act,
5any member of the board of agriculture, trade and consumer protection who is
6serving on the board of agriculture, trade and consumer protection as a consumer
7representative on the day before the effective date of this subsection shall be entitled
8to continue to serve as a member of the board under section 15.13 of the statutes, as
9affected by this act, until his or her successor is appointed and qualified.
SB44-SSA1-SA45,35,15
10(1xza) Grain inspection. The authorized FTE positions for the department of
11agriculture, trade and consumer protection, funded from the appropriation under
12section 20.115 (1) (h) of the statutes, are decreased by 0.15 PR position on the
13effective date of this subsection for the purpose of transferring certain consumer
14information programs, functions, and enforcement activities to the department of
15justice.".
SB44-SSA1-SA45,35,21
18"(1xx)
Consumer protection assessments. The treatment of section 100.261
19(3) (d) (by
Section 1815m) of the statutes first applies to violations of chapter 133 of
20the statutes, or rules promulgated under chapter 133 of the statutes, that are
21committed on the effective date of this subsection.".
SB44-SSA1-SA45,36,24
23"(1xx)
Transfer of consumer protection functions. The repeal of section
2420.115 (8) (jm) of the statutes; the renumbering and amendment of section 100.207
1(1) of the statutes; the amendment of sections 15.13, 15.137 (1) (a) (intro.), 20.115 (1)
2(hm), 20.455 (1) (title), 93.07 (1), 93.07 (24), 93.18 (3), 93.20 (1), 93.22 (1), 93.22 (2),
3100.07 (6), 100.171 (7) (b), 100.171 (8) (intro.), 100.173 (4) (intro.), 100.173 (4) (a),
4100.174 (5) (intro.), 100.174 (6), 100.175 (5) (a) (intro.), 100.175 (5) (b), 100.175 (7)
5(a) (intro.), 100.175 (7) (b), 100.178 (1) (b), 100.18 (11) (a), 100.18 (11) (b) 3., 100.18
6(11) (c) 1., 100.18 (11) (c) 2., 100.18 (11) (c) 3., 100.18 (11) (c) 4., 100.18 (11) (d), 100.18
7(11) (e), 100.182 (5) (a), 100.182 (5) (b), 100.20 (2) (a), 100.20 (2) (b), 100.20 (3), 100.20
8(4), 100.20 (6), 100.201 (6) (d), 100.201 (8m) (intro.), 100.201 (9) (b), 100.201 (9) (c),
9100.205 (7), 100.205 (8), 100.207 (6) (b) 1., 100.207 (6) (b) 2., 100.207 (6) (c), 100.207
10(6) (em) 1., 100.207 (6) (em) 2., 100.208 (2) (intro.), 100.208 (2) (b), 100.209 (3),
11100.209 (4) (b), 100.2095 (6) (b), 100.2095 (6) (c), 100.21 (2) (a), 100.21 (4) (a) (intro.),
12100.22 (4) (b), 100.235 (11) (a), 100.26 (6), 100.261 (1), 100.261 (3) (b) (by
Section 131814m), 100.263, 100.28 (4) (b), 100.28 (4) (c), 100.31 (4), 100.31 (5), 100.38 (5),
14100.38 (6), 100.44 (5), 100.46 (1), 100.46 (2), 100.50 (6) (b), 100.50 (6) (c), 101.175 (3)
15(intro.), 134.71 (12), 136.03 (title), 136.03 (1) (intro.), 136.04, 165.065 (2), 165.25 (4)
16(ar), 230.08 (2) (e) 2., 344.576 (3) (a) 5., 344.576 (3) (c), 344.579 (2) (intro.), 704.90 (9),
17704.90 (11) (title), 704.90 (11) (a), 707.49 (4), 707.57 (2), 707.57 (3), 779.41 (1m),
18779.93 (title), 779.93 (1), and 779.93 (2) (intro.) of the statutes; the creation of
19sections 20.455 (1) (g), 20.455 (1) (j), 93.07 (23), 93.18 (7), 100.177 (1) (bm), 100.207
20(1) (a), 100.261 (3) (d) (by
Section 1815m), 100.261 (3) (e), 100.37 (1) (am), 100.41 (1)
21(bn), 100.42 (1) (cm), 100.43 (1) (am), 100.52 (1) (bn), and 165.252 of the statutes; and
22Sections 9104 (1xx), (1xy), (1xz) and (1xza) and 9304 (1xx) of this act take effect on
23October 1, 2003, or on the first day of the 3rd month beginning after publication,
24whichever is later.".