SB44, s. 1765
3Section
1765. 100.174 (6) of the statutes is amended to read:
SB44,767,54
100.174
(6) The department
of justice shall investigate violations of and
5enforce this section.
SB44, s. 1766
6Section
1766. 100.175 (5) (a) (intro.) of the statutes is amended to read:
SB44,767,127
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
8pay more than $100 for dating services before the buyer receives or has the
9opportunity to receive those services unless the person selling dating services
10establishes proof of financial responsibility by maintaining any of the following
11commitments approved by the department
of justice in an amount not less than
12$25,000:
SB44, s. 1767
13Section
1767. 100.175 (5) (b) of the statutes is amended to read:
SB44,767,1914
100.175
(5) (b) The commitment described in par. (a) shall be established in
15favor of or made payable to the state, for the benefit of any buyer who does not receive
16a refund under the contractual provision described in sub. (3). The person selling
17dating services shall file with the department
of justice any agreement, instrument
18or other document necessary to enforce the commitment against the person selling
19dating services or any relevant 3rd party, or both.
SB44, s. 1768
20Section
1768. 100.175 (7) (a) (intro.) of the statutes is amended to read:
SB44,767,2221
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
22on behalf of the state:
SB44, s. 1769
23Section
1769. 100.175 (7) (b) of the statutes is amended to read:
SB44,768,224
100.175
(7) (b) The department
of justice may bring an action in circuit court
25to recover on a financial commitment maintained under sub. (5) against a person
1selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
2not receive a refund due under the contractual provision described in sub. (3).
SB44, s. 1770
3Section
1770. 100.177 (1) (bm) of the statutes is created to read:
SB44,768,54
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB44, s. 1771
6Section
1771. 100.178 (1) (b) of the statutes is amended to read:
SB44,768,87
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
8department of
health and family services justice.
SB44, s. 1772
9Section
1772. 100.18 (11) (a) of the statutes is amended to read:
SB44,768,1410
100.18
(11) (a) The department of
agriculture, trade and consumer protection 11justice shall enforce this section. Actions to enjoin violation of this section or any
12regulations thereunder may be commenced and prosecuted by the department
of
13justice in the name of the state in any court having equity jurisdiction. This remedy
14is not exclusive.
SB44, s. 1773
15Section
1773. 100.18 (11) (b) 3. of the statutes is amended to read:
SB44,768,2016
100.18
(11) (b) 3. No action may be commenced under this section more than
173 years after the occurrence of the unlawful act or practice which is the subject of the
18action. No injunction may be issued under this section which would conflict with
19general or special orders of the department
of justice or any statute, rule or
20regulation of the United States or of this state.
SB44, s. 1774
21Section
1774. 100.18 (11) (c) 1. of the statutes is amended to read:
SB44,769,522
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
23a person is in possession, custody or control of any information or documentary
24material relevant to the enforcement of this section it may require that person to
25submit a statement or report, under oath or otherwise, as to the facts and
1circumstances concerning any activity in the course of trade or commerce; examine
2under oath that person with respect to any activity in the course of trade or
3commerce; and execute in writing and cause to be served upon such person a civil
4investigative demand requiring the person to produce any relevant documentary
5material for inspection and copying.
SB44, s. 1775
6Section
1775. 100.18 (11) (c) 2. of the statutes is amended to read:
SB44,769,97
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
8subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
9any investigation.
SB44, s. 1776
10Section
1776. 100.18 (11) (c) 3. of the statutes is amended to read:
SB44,769,1411
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
12a person to file a statement or report, or service of a subpoena upon a person, or
13service of a civil investigative demand shall be made in compliance with the rules of
14civil procedure of this state.
SB44, s. 1777
15Section
1777. 100.18 (11) (c) 4. of the statutes is amended to read:
SB44,769,2016
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
17comply with any civil investigative demand, or fails to obey any subpoena issued by
18the department
of justice, such person may be coerced as provided in s. 885.12, except
19that no person shall be required to furnish any testimony or evidence under this
20subsection which might tend to incriminate the person.
SB44, s. 1778
21Section
1778. 100.18 (11) (d) of the statutes is amended to read:
SB44,770,722
100.18
(11) (d) The
department or the department of justice
, after consulting
23with the department, or any district attorney, upon informing the department
of
24justice, may commence an action in circuit court in the name of the state to restrain
25by temporary or permanent injunction any violation of this section. The court may
1in its discretion, prior to entry of final judgment, make such orders or judgments as
2may be necessary to restore to any person any pecuniary loss suffered because of the
3acts or practices involved in the action, provided proof thereof is submitted to the
4satisfaction of the court. The
department and the department of justice may
5subpoena persons and require the production of books and other documents
, and t
he
6department of justice may request the department to exercise its authority under
7par. (c) to aid in the investigation of alleged violations of this section.
SB44, s. 1779
8Section
1779. 100.18 (11) (e) of the statutes is amended to read:
SB44,770,189
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
10section,
the department or the department of justice may accept a written assurance
11of discontinuance of any act or practice alleged to be a violation of this section from
12the person who has engaged in such act or practice. The acceptance of such assurance
13by
either the department or the department of justice shall be deemed acceptance by
14the other state officials enumerated in par. (d)
any district attorney if the terms of
15the assurance so provide. An assurance entered into pursuant to this section shall
16not be considered evidence of a violation of this section, provided that violation of
17such an assurance shall be treated as a violation of this section, and shall be
18subjected to all
of the penalties and remedies provided therefor.
SB44, s. 1780
19Section
1780. 100.182 (5) (a) of the statutes is amended to read:
SB44,770,2520
100.182
(5) (a) Any district attorney, after informing the department
of justice,
21or the department
of justice may seek a temporary or permanent injunction in circuit
22court to restrain any violation of this section. Prior to entering a final judgment the
23court may award damages to any person suffering monetary loss because of a
24violation. The department
of justice may subpoena any person or require the
25production of any document to aid in investigating alleged violations of this section.
SB44, s. 1781
1Section
1781. 100.182 (5) (b) of the statutes is amended to read:
SB44,771,82
100.182
(5) (b) In lieu of instituting or continuing an action under this
3subsection, the department
of justice may accept a written assurance from a violator
4of this section that the violation has ceased. If the terms of the assurance so provide,
5its acceptance by the department
of justice prevents all district attorneys from
6prosecuting the violation. An assurance is not evidence of a violation of this section
7but violation of an assurance is subject to the penalties and remedies of violating this
8section.
SB44, s. 1782
9Section
1782. 100.20 (2) (a) of the statutes is amended to read:
SB44,771,1510
100.20
(2) (a) The department
of justice, after public hearing, may issue
11general orders forbidding methods of competition in business or trade practices in
12business which are determined by the department
of justice to be unfair. The
13department
of justice, after public hearing, may issue general orders prescribing
14methods of competition in business or trade practices in business which are
15determined by the department
of justice to be fair.
SB44, s. 1783
16Section
1783. 100.20 (2) (b) of the statutes is amended to read:
SB44,771,2117
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
18any order or promulgate any rule that regulates the provision of water or sewer
19service by a manufactured home park operator, as defined in s. 101.91 (8), or
20manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
21to the extent that the rule regulates the provision of such water or sewer service.
SB44, s. 1784
22Section
1784. 100.20 (3) of the statutes is amended to read:
SB44,772,423
100.20
(3) The department
of justice, after public hearing, may issue a special
24order against any person, enjoining such person from employing any method of
25competition in business or trade practice in business which is determined by the
1department
of justice to be unfair or from providing service in violation of sub. (1t).
2The department
of justice, after public hearing, may issue a special order against any
3person, requiring such person to employ the method of competition in business or
4trade practice in business which is determined by the department
of justice to be fair.
SB44, s. 1785
5Section
1785. 100.20 (4) of the statutes is amended to read:
SB44,772,146
100.20
(4) The If the department of justice
may file a written complaint with
7the department alleging that the has reason to believe that a person
named is
8employing unfair methods of competition in business or unfair trade practices in
9business or both
. Whenever such a complaint is filed
, it shall be the duty of the
10department
of justice to proceed, after proper notice and in accordance with its rules,
11to the hearing and adjudication of the
matters alleged, and a representative of the
12department of justice designated by the attorney general may appear before the
13department in such proceedings. The department of justice shall be entitled to
14judicial review of the decisions and orders of the department under ch. 227 matter.
SB44, s. 1786
15Section
1786. 100.20 (6) of the statutes is amended to read:
SB44,772,2316
100.20
(6) The department
of justice may commence an action in circuit court
17in the name of the state to restrain by temporary or permanent injunction the
18violation of any order issued under this section. The court may in its discretion, prior
19to entry of final judgment
, make such orders or judgments as may be necessary to
20restore to any person any pecuniary loss suffered because of the acts or practices
21involved in the action, provided proof thereof is submitted to the satisfaction of the
22court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 23investigate violations of any order issued under this section.
SB44, s. 1787
24Section
1787. 100.201 (6) (d) of the statutes is amended to read:
SB44,773,4
1100.201
(6) (d) The failure to pay fees under this subsection within the time
2provided under par. (c) is a violation of this section. The department
of justice may
3also commence an action to recover the amount of any overdue fees plus interest at
4the rate of 2% per month for each month that the fees are delinquent.
SB44, s. 1788
5Section
1788. 100.201 (8m) (intro.) of the statutes is amended to read:
SB44,773,126
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
7acts or omissions which take place in whole or in part outside this state. In any action
8or administrative proceeding the department
of justice has jurisdiction of the person
9served under s. 801.11 when any act or omission outside this state by the defendant
10or respondent results in local injury or may have the effect of injuring competition
11or a competitor in this state or unfairly diverts trade or business from a competitor,
12if at the time:
SB44, s. 1789
13Section
1789. 100.201 (9) (b) of the statutes is amended to read:
SB44,773,2214
100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
15public hearing held under s. 93.18, may issue a special order against any person
16requiring such person to cease and desist from acts, practices or omissions
17determined by the department
of agriculture, trade, and rural resources to violate
18this section. Such orders shall be subject to judicial review under ch. 227. Any
19violation of a special order issued hereunder shall be punishable as a contempt under
20ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the
21filing of an affidavit by the department
of justice of the commission of such violation
22in any court of record in the county where the violation occurred.
SB44, s. 1790
23Section
1790. 100.201 (9) (c) of the statutes is amended to read:
SB44,774,424
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
25remedies herein provided, may apply to a circuit court for a temporary or permanent
1injunction to prevent, restrain or enjoin any person from violating this section or any
2special order of the department
of agriculture, trade, and rural resources issued
3hereunder under this section, without being compelled to allege or prove that an
4adequate remedy at law does not exist.
SB44, s. 1791
5Section
1791. 100.205 (7) of the statutes is amended to read:
SB44,774,136
100.205
(7) The department
of justice, or any district attorney on informing the
7department
of justice, may commence an action in circuit court in the name of the
8state to restrain by temporary or permanent injunction any violation of this section.
9The court may, before entry of final judgment and after satisfactory proof, make
10orders or judgments necessary to restore to any person any pecuniary loss suffered
11because of a violation of this section. The department
of justice may conduct
12hearings, administer oaths, issue subpoenas and take testimony to aid in its
13investigation of violations of this section.
SB44, s. 1792
14Section
1792. 100.205 (8) of the statutes is amended to read:
SB44,774,1715
100.205
(8) The department
of justice or any district attorney may commence
16an action in the name of the state to recover a forfeiture to the state of not more than
17$10,000 for each violation of this section.
SB44, s. 1793
18Section
1793. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
19and amended to read:
SB44,774,2120
100.207
(1) Definition Definitions. (intro.) In this section
, 21"telecommunications:
SB44,774,22
22(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB44, s. 1794
23Section
1794. 100.207 (1) (a) of the statutes is created to read:
SB44,774,2524
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
25department of justice.
SB44, s. 1795
1Section
1795. 100.207 (6) (b) 1. of the statutes is amended to read:
SB44,775,122
100.207
(6) (b) 1. The department
of justice, after consulting with the
3department of agriculture, trade and consumer protection, or any district attorney
4upon informing the department
of agriculture, trade and consumer protection, may
5commence an action in circuit court in the name of the state to restrain by temporary
6or permanent injunction any violation of this section. Injunctive relief may include
7an order directing telecommunications providers, as defined in s. 196.01 (8p), to
8discontinue telecommunications service provided to a person violating this section
9or ch. 196. Before entry of final judgment, the court may make such orders or
10judgments as may be necessary to restore to any person any pecuniary loss suffered
11because of the acts or practices involved in the action if proof of these acts or practices
12is submitted to the satisfaction of the court.
SB44, s. 1796
13Section
1796. 100.207 (6) (b) 2. of the statutes is amended to read:
SB44,775,1914
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
15to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
16department of justice may subpoena persons
and, require the production of books
17and other documents, and
the department of justice may request the department of
18agriculture, trade and consumer protection to exercise its authority to aid in the
19investigation of investigate alleged violations of this section.
SB44, s. 1797
20Section
1797. 100.207 (6) (c) of the statutes is amended to read:
SB44,775,2521
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
22forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
23paragraph shall be enforced by the department
of justice, after consulting with the
24department of agriculture, trade and consumer protection, or, upon informing the
25department, by the district attorney of the county where the violation occurs.
SB44, s. 1798
1Section
1798. 100.207 (6) (em) 1. of the statutes is amended to read:
SB44,776,62
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
3department shall form an advisory group to suggest recommendations regarding the
4content and scope of the proposed rule. The advisory group shall consist of one or
5more persons who may be affected by the proposed rule
, a representative from the
6department of justice and a representative from the public service commission.
SB44, s. 1799
7Section
1799. 100.207 (6) (em) 2. of the statutes is amended to read:
SB44,776,108
100.207
(6) (em) 2. The department shall submit the recommendations under
9subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
10and to the board of agriculture, trade and consumer protection.
SB44, s. 1800
11Section
1800. 100.208 (2) (intro.) of the statutes is amended to read:
SB44,776,1312
100.208
(2) (intro.) The department
of justice shall notify the public service
13commission if any of the following conditions exists:
SB44, s. 1801
14Section
1801. 100.208 (2) (b) of the statutes is amended to read:
SB44,776,1715
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
16(3) prohibiting a telecommunications provider from engaging in an unfair trade
17practice or method of competition.
SB44, s. 1802
18Section
1802. 100.209 (3) of the statutes is amended to read:
SB44,776,2319
100.209
(3) Rules and local ordinances allowed. This section does not
20prohibit the department
of justice from promulgating a rule or from issuing an order
21consistent with its authority under this chapter that gives a subscriber greater rights
22than the rights under sub. (2) or prohibit a city, village or town from enacting an
23ordinance that gives a subscriber greater rights than the rights under sub. (2).
SB44, s. 1803
24Section
1803. 100.209 (4) (b) of the statutes is amended to read:
SB44,777,2
1100.209
(4) (b) The department
of justice and the district attorneys of this state
2have concurrent authority to institute civil proceedings under this section.
SB44, s. 1804
3Section
1804. 100.2095 (6) (b) of the statutes is amended to read:
SB44,777,84
100.2095
(6) (b) The department
of justice may commence an action in the
5name of the state to restrain by temporary or permanent injunction a violation of sub.
6(3), (4) or (5). Before entry of final judgment, the court may make any necessary
7orders to restore to any person any pecuniary loss suffered by the person because of
8the violation.
SB44, s. 1805
9Section
1805. 100.2095 (6) (c) of the statutes is amended to read:
SB44,777,1210
100.2095
(6) (c) The department
of justice or any district attorney may
11commence an action in the name of the state to recover a forfeiture to the state of not
12less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB44, s. 1806
13Section
1806. 100.21 (2) (a) of the statutes is amended to read:
SB44,777,1814
100.21
(2) (a) No person may make an energy savings or safety claim without
15a reasonable and currently accepted scientific basis for the claim when the claim is
16made. Making an energy savings or safety claim without a reasonable and currently
17accepted scientific basis is
also an unfair method of competition and trade practice
18prohibited under s. 100.20.
SB44, s. 1807
19Section
1807. 100.21 (4) (a) (intro.) of the statutes is amended to read:
SB44,777,2120
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
21or special orders
under s. 100.20:
SB44, s. 1808
22Section
1808. 100.22 (4) (b) of the statutes is amended to read:
SB44,778,223
100.22
(4) (b) The department
of justice may, without alleging or proving that
24no other adequate remedy at law exists, bring an action
on behalf of the department
25of agriculture, trade, and rural resources to enjoin violations of this section or a
1special order issued under this section in the circuit court for the county where the
2alleged violation occurred.