SB44,780,1110
100.261
(3) (e) The amount credited to the appropriation account under s.
1120.455 (1) (g) may not exceed $375,000 in each fiscal year.
SB44, s. 1818
12Section
1818. 100.263 of the statutes is amended to read:
SB44,780,24
13100.263 Recovery. In addition to other remedies available under this chapter,
14the court may award the
department state the reasonable and necessary costs of
15investigation and an amount reasonably necessary to remedy the harmful effects of
16the violation and
the court may award the department of justice the reasonable and
17necessary expenses of prosecution, including attorney fees, from any person who
18violates this chapter. The
department and the department of justice amounts
19awarded under this subsection shall
deposit be deposited in the state treasury for
20deposit in the general fund
all moneys that the court awards to the department, the
21department of justice or the state under this section. Ten percent of the money
22deposited in the general fund that was awarded under this section for the costs of
23investigation and the expenses of prosecution, including attorney fees, shall be
24credited to the appropriation account under s. 20.455 (1) (gh).
SB44, s. 1819
25Section
1819. 100.28 (4) (b) of the statutes is amended to read:
SB44,781,3
1100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
2department
of justice may seek an injunction restraining any person from violating
3this section.
SB44, s. 1820
4Section
1820. 100.28 (4) (c) of the statutes is amended to read:
SB44,781,75
100.28
(4) (c) The department
of justice, or any district attorney upon the
6request of the department
of justice, may commence an action in the name of the
7state under par. (a) or (b).
SB44, s. 1821
8Section
1821. 100.31 (4) of the statutes is amended to read:
SB44,781,149
100.31
(4) Penalties. For any violation of this section, the department
of
10justice or a district attorney may commence an action on behalf of the state to recover
11a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
12delivery of a drug sold to a purchaser at a price in violation of this section and each
13separate day in violation of an injunction issued under this section is a separate
14offense.
SB44, s. 1822
15Section
1822. 100.31 (5) of the statutes is amended to read:
SB44,781,2116
100.31
(5) Special remedies. The department
of justice or a district attorney
17may bring an action to enjoin a violation of this section without being compelled to
18allege or prove that an adequate remedy at law does not exist. An action under this
19subsection may be commenced and prosecuted by the department
of justice or a
20district attorney, in the name of the state, in a circuit court in the county where the
21offense occurred or in Dane County, notwithstanding s. 801.50.
SB44, s. 1823
22Section
1823. 100.37 (1) (am) of the statutes is created to read:
SB44,781,2423
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
24department of justice.
SB44, s. 1824
25Section
1824. 100.38 (5) of the statutes is amended to read:
SB44,782,4
1100.38
(5) Inspection. The department
of justice shall enforce this section by
2inspection, chemical analyses or any other appropriate method and the department
3of justice may promulgate such rules as are necessary to effectively enforce this
4section.
SB44, s. 1825
5Section
1825. 100.38 (6) of the statutes is amended to read:
SB44,782,86
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
7adulterated or misbranded. In addition to the penalties provided under sub. (7), the
8department
of justice may bring an action to enjoin violations of this section.
SB44, s. 1826
9Section
1826. 100.41 (1) (bn) of the statutes is created to read:
SB44,782,1110
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
11department of justice.
SB44, s. 1827
12Section
1827. 100.42 (1) (cm) of the statutes is created to read:
SB44,782,1413
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
14department of justice.
SB44, s. 1828
15Section
1828. 100.43 (1) (am) of the statutes is created to read:
SB44,782,1716
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
SB44, s. 1829
18Section
1829. 100.44 (5) of the statutes is amended to read:
SB44,782,2519
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 20may, on behalf of the state, bring an action in any court of competent jurisdiction for
21the recovery of forfeitures authorized under sub. (4), for temporary or permanent
22injunctive relief and for any other appropriate relief. The court may make any order
23or judgment that is necessary to restore to any person any pecuniary loss suffered
24because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
25court.
SB44, s. 1830
1Section
1830. 100.46 (1) of the statutes is amended to read:
SB44,783,42
100.46
(1) Energy conservation standards. The department
of justice may by
3rule adopt energy conservation standards for products that have been established in
4or promulgated under
42 USC 6291 to
6309.
SB44, s. 1831
5Section
1831. 100.46 (2) of the statutes is amended to read:
SB44,783,106
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
7or cause to be installed any product that is not in compliance with rules promulgated
8under sub. (1). In addition to other penalties and enforcement procedures, the
9department
of justice may apply to a court for a temporary or permanent injunction
10restraining any person from violating a rule adopted under sub. (1).
SB44, s. 1832
11Section
1832. 100.50 (6) (b) of the statutes is amended to read:
SB44,783,1412
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
13department
of justice may seek an injunction restraining any person from violating
14this section.
SB44, s. 1833
15Section
1833. 100.50 (6) (c) of the statutes is amended to read:
SB44,783,1816
100.50
(6) (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, s. 1834
19Section
1834. 100.52 (1) (bn) of the statutes is created to read:
SB44,783,2120
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
21department of justice.
SB44, s. 1835
22Section
1835. 101.055 (8) (b) of the statutes is amended to read:
SB44,784,623
101.055
(8) (b)
A state employee who believes that he or she has been
24discharged or otherwise discriminated against by a public employer in violation of
25par. (ar) may file a complaint with the personnel commission alleging discrimination
1or discharge, within 30 days after the employee received knowledge of the
2discrimination or discharge. A public employee
other than a state employee who
3believes that he or she has been discharged or otherwise discriminated against by
4a public employer in violation of par. (ar) may file a complaint with the division of
5equal rights alleging discrimination or discharge, within 30 days after the employee
6received knowledge of the discrimination or discharge.
SB44, s. 1836
7Section
1836. 101.055 (8) (c) of the statutes is amended to read:
SB44,784,238
101.055
(8) (c) Upon receipt of a complaint, the
personnel commission or the
9division of equal rights
, whichever is applicable, shall, except as provided in s. 230.45
10(1m), investigate the complaint and determine whether there is probable cause to
11believe that a violation of par. (ar) has occurred. If the
personnel commission or the 12division of equal rights finds probable cause it shall attempt to resolve the complaint
13by conference, conciliation or persuasion. If the complaint is not resolved, the
14personnel commission or the division of equal rights shall hold a hearing on the
15complaint within 60 days after receipt of the complaint unless both parties to the
16proceeding agree otherwise. Within 30 days after the close of the hearing, the
17personnel commission or the division of equal rights shall issue its decision. If the
18personnel commission or the division of equal rights determines that a violation of
19par. (ar) has occurred, it shall order appropriate relief for the employee, including
20restoration of the employee to his or her former position with back pay, and shall
21order any action necessary to ensure that no further discrimination occurs. If the
22personnel commission or the division of equal rights determines that there has been
23no violation of par. (ar), it shall issue an order dismissing the complaint.
SB44, s. 1837
24Section
1837. 101.055 (8) (d) of the statutes is amended to read:
SB44,785,2
1101.055
(8) (d) Orders of the
personnel commission and the division of equal
2rights under this subsection are subject to judicial review under ch. 227.
SB44, s. 1838
3Section
1838. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
SB44,785,74
101.143
(4) (cc) 2. b. An applicant that is engaged in the expansion or
5redevelopment of brownfields, as defined in s.
560.13 (1) (a) 560.60 (1) (v), if federal
6or state financial assistance other than under this section, has been provided for that
7expansion or redevelopment.
SB44, s. 1839
8Section
1839. 101.143 (9m) (g) 2. of the statutes is amended to read:
SB44,785,169
101.143
(9m) (g) 2. Revenue obligations issued under this subsection may not
10exceed
$342,000,000 $457,000,000 in principal amount, excluding any obligations
11that have been defeased under a cash optimization program administered by the
12building commission. In addition to this limit on principal amount, the building
13commission may contract revenue obligations under this subsection as the building
14commission determines is desirable to fund or refund outstanding revenue
15obligations, to pay issuance or administrative expenses, to make deposits to reserve
16funds, or to pay accrued or capitalized interest.
SB44, s. 1840
17Section
1840. 101.175 (3) (intro.) of the statutes is amended to read:
SB44,785,2118
101.175
(3) (intro.) The department, in consultation with the department of
19agriculture, trade and consumer protection justice, shall establish by rule quality
20standards for local energy resource systems which do not impede development of
21innovative systems but which do:
SB44, s. 1841
22Section
1841. 101.563 (2) (a) of the statutes is amended to read:
SB44,786,1323
101.563
(2) (a)
Payments from calendar year 2000 dues. Notwithstanding s.
24101.573 (3) (a), the department shall pay every city, village, and town that is entitled
25to payment under sub. (1) (a) the amount to which that city, village, or town would
1have been entitled to receive on or before August 1, 2001, had the city, village, or town
2been eligible to receive a payment on that date. The department shall calculate the
3amount due under this paragraph as if every city, village, and town maintaining a
4fire department was eligible to receive a payment on that date. By the date on which
5the department provides a certification or recertification to the
state treasurer 6secretary of administration under par. (b) 1., the department shall certify to the
state
7treasurer secretary of administration the amount to be paid to each city, village, and
8town under this paragraph. On or before August 1, 2002, the
state treasurer 9secretary of administration shall pay the amount certified by the department under
10this paragraph to each such city, village, and town. The
state treasurer secretary of
11administration may combine any payment due under this paragraph with any
12amount due to be paid on or before August 1, 2002, to the same city, village, or town
13under par. (b) 1.
SB44, s. 1842
14Section
1842. 101.563 (2) (b) 1. of the statutes is amended to read:
SB44,787,715
101.563
(2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
16s.
101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department
17shall compile the fire department dues paid by all insurers under s. 601.93 and the
18dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s.
19101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%,
20and certify to the
state treasurer secretary of administration the proper amount to
21be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town
22entitled to a proportionate share of fire department dues as provided under sub. (1)
23(b) and s. 101.575. If the department has previously certified an amount to the
state
24treasurer secretary of administration under s.
101.57 101.573 (3) (a) during calendar
25year 2002, the department shall recertify the amount in the manner provided under
1this subdivision. On or before August 1, 2002, the
state treasurer secretary of
2administration shall pay the amounts certified or recertified by the department
3under this subdivision to each city, village, and town entitled to a proportionate share
4of fire department dues as provided under sub. (1) and s. 101.575. The
state
5treasurer secretary of administration may combine any payment due under this
6subdivision with any amount due to be paid on or before August 1, 2002, to the same
7city, village, or town under par. (a).
SB44, s. 1843
8Section
1843. 101.563 (2) (b) 2. of the statutes is amended to read:
SB44,787,209
101.563
(2) (b) 2. `Payments from dues for calendar years 2002 to 2004.'
10Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this
11subdivision, on or before May 1 in each year, the department shall compile the fire
12department dues paid by all insurers under s. 601.93 and the dues paid by the state
13fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold
140.5% and certify to the
state treasurer secretary of administration the proper amount
15to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town
16entitled to a proportionate share of fire department dues as provided under sub. (1)
17(b) and s. 101.575. Annually, on or before August 1, the
state treasurer secretary of
18administration shall pay the amounts certified by the department to each such city,
19village, and town. This paragraph applies only to payment of a proportionate share
20of fire department dues collected for calendar years 2002 to 2004.
SB44, s. 1844
21Section
1844. 101.563 (2) (b) 3. of the statutes is amended to read:
SB44,788,922
101.563
(2) (b) 3. The amounts withheld under subds. 1. and 2. shall be
23disbursed to correct errors of the department or the commissioner of insurance. The
24department shall certify to the
state treasurer secretary of administration the
25amount that must be disbursed to correct an error and the
state treasurer secretary
1of administration shall pay the amount to the specified city, village, or town. The
2balance of the amount withheld in a calendar year under
subds. subd. 1. or 2., as
3applicable, which is not disbursed under this subdivision shall be included in the
4total compiled by the department under subd. 2. for the next calendar year, except
5that amounts withheld under subd. 2. from fire department dues collected for
6calendar year 2004 that are not disbursed under this subdivision shall be included
7in the total compiled by the department under s. 101.573 (3) (a) for the next calendar
8year. If errors in payments exceed the amount withheld, adjustments shall be made
9in the distribution for the next year.
SB44, s. 1845
10Section
1845. 101.573 (1) of the statutes is amended to read:
SB44,788,1611
101.573
(1) The department shall include in the compilation and certification
12of fire department dues under sub. (3) 2% of the premiums paid to the state fire fund
13for the insurance of any public property, other than state property. The department
14shall notify the
state treasurer secretary of administration of the amount certified
15under this subsection and the
state treasurer secretary of administration shall
16charge the amount to the state fire fund.
SB44, s. 1846
17Section
1846. 101.573 (3) (a) of the statutes is amended to read:
SB44,788,2518
101.573
(3) (a) On or before May 1 in each year, the department shall compile
19the fire department dues paid by all insurers under s. 601.93 and the dues paid by
20the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
21and certify to the
state treasurer secretary of administration the proper amount to
22be paid from the appropriation under s. 20.143 (3) (L) to each city, village
, or town
23entitled to fire department dues under s. 101.575. Annually, on or before August 1,
24the
state treasurer secretary of administration shall pay the amounts certified by the
25department to the cities, villages and towns eligible under s. 101.575.
SB44, s. 1847
1Section
1847. 101.573 (3) (b) of the statutes is amended to read:
SB44,789,162
101.573
(3) (b) The amount withheld under par. (a) shall be disbursed to correct
3errors of the department or the commissioner of insurance or for payments to cities,
4villages
, or towns which are first determined to be eligible for payments under par.
5(a) after May 1. The department shall certify to the
state treasurer secretary of
6administration, as near as is practical, the amount which would have been payable
7to the municipality if payment had been properly disbursed under par. (a) on or prior
8to May 1, except the amount payable to any municipality first eligible after May 1
9shall be reduced by 1.5% for each month or portion of a month which expires after
10May 1 and prior to the eligibility determination. The
state treasurer secretary of
11administration shall pay the amount certified to the city, village
, or town. The
12balance of the amount withheld in a calendar year under par. (a) which is not
13disbursed under this paragraph shall be included in the total compiled by the
14department under par. (a) for the next calendar year. If errors in payments exceed
15the amount set aside for error payments, adjustments shall be made in the
16distribution for the next year.
SB44, s. 1848
17Section
1848. 101.573 (4) of the statutes is amended to read:
SB44,789,2218
101.573
(4) The department shall transmit to the treasurer of each city, village,
19and town entitled to fire department dues, a statement of the amount of dues payable
20to it, and the commissioner of insurance shall furnish to the
state treasurer secretary
21of administration, upon request, a list of the insurers paying dues under s. 601.93
22and the amount paid by each.
SB44, s. 1849
23Section
1849. 102.07 (17m) of the statutes is amended to read:
SB44,790,224
102.07
(17m) A participant in a trial job under s. 49.147 (3)
or a transitional
25subsidized private sector job under s. 49.147 (3m) is an employee of any employer
1under this chapter for whom the participant is performing service at the time of the
2injury.
SB44, s. 1850
3Section
1850. 102.28 (7) (a) of the statutes is amended to read:
SB44,790,184
102.28
(7) (a) If an employer who is currently or was formerly exempted by
5written order of the department under sub. (2) is unable to pay an award, judgment
6is rendered in accordance with s. 102.20 against that employer
, and execution is
7levied and returned unsatisfied in whole or in part, payments for the employer's
8liability shall be made from the fund established under sub. (8). If a currently or
9formerly exempted employer files for bankruptcy and not less than 60 days after that
10filing the department has reason to believe that compensation payments due are not
11being paid, the department in its discretion may make payment for the employer's
12liability from the fund established under sub. (8). The
state treasurer secretary of
13administration shall proceed to recover such payments from the employer or the
14employer's receiver or trustee in bankruptcy, and may commence an action or
15proceeding or file a claim therefor. The attorney general shall appear on behalf of
16the
state treasurer secretary of administration in any such action or proceeding. All
17moneys recovered in any such action or proceeding shall be paid into the fund
18established under sub. (8).
SB44, s. 1851
19Section
1851. 102.63 of the statutes is amended to read:
SB44,791,2
20102.63 Refunds by state. Whenever the department shall certify to the
state
21treasurer secretary of administration that excess payment has been made under s.
22102.59 or under s. 102.49 (5) either because of mistake or otherwise, the
state
23treasurer secretary of administration shall within 5 days after receipt of such
24certificate draw an order against the fund in the state treasury into which such
25excess was paid, reimbursing such payor of such excess payment, together with
1interest actually earned thereon if the excess payment has been on deposit for at
2least 6 months.
SB44, s. 1852
3Section
1852. 102.81 (2) of the statutes is amended to read:
SB44,791,154
102.81
(2) The department may retain an insurance carrier or insurance
5service organization to process, investigate and pay claims under this section and
6may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
7do business in this state in an amount that the secretary determines is necessary for
8the sound operation of the uninsured employers fund. In cases involving disputed
9claims, the department may retain an attorney to represent the interests of the
10uninsured employers fund and to make appearances on behalf of the uninsured
11employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and subch.
12IV of ch. 16 do not apply to an attorney
hired retained under this subsection. The
13charges for the services retained under this subsection shall be paid from the
14appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under
15this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
SB44, s. 1853
16Section
1853. 102.85 (4) (c) of the statutes is amended to read:
SB44,791,2217
102.85
(4) (c) If any deposit is made for an offense to which this section applies,
18the person making the deposit shall also deposit a sufficient amount to include the
19uninsured employer assessment prescribed in this section. If the deposit is forfeited,
20the amount of the uninsured employer assessment shall be transmitted to the
state
21treasurer secretary of administration under par. (d). If the deposit is returned, the
22uninsured employer assessment shall also be returned.
SB44, s. 1854
23Section
1854. 102.85 (4) (d) of the statutes is amended to read:
SB44,792,524
102.85
(4) (d) The clerk of the court shall collect and transmit to the county
25treasurer the uninsured employer assessment and other amounts required under s.
159.40 (2) (m). The county treasurer shall then make payment to the
state treasurer 2secretary of administration as provided in s. 59.25 (3) (f) 2. The
state treasurer 3secretary of administration shall deposit the amount of the uninsured employer
4assessment, together with any interest thereon, in the uninsured employers fund as
5provided in s. 102.80 (1).
SB44, s. 1855
6Section
1855. 103.10 (12) (a) of the statutes is repealed.
SB44, s. 1856
7Section
1856. 103.10 (12) (bm) of the statutes is created to read:
SB44,792,178
103.10
(12) (bm) If the department initially finds that there is no probable
9cause to believe that a violation of sub. (11) (a) or (b) occurred as alleged in the
10complaint, the department may dismiss the complaint. The department shall, by a
11notice to be served with the findings, notify the parties of the complainant's right to
12appeal the dismissal of the complaint by requesting a review of the findings by a
13hearing examiner, which review shall be based solely on the department's record of
14the complaint. Service of the findings shall be made by certified mail, return receipt
15requested. If the hearing examiner determines that no probable cause exists, that
16determination is the final determination of the department and may be appealed
17under s. 227.52.
SB44, s. 1857
18Section
1857. 103.10 (13) of the statutes is amended to read:
SB44,792,2419
103.10
(13) Civil action. (a) An employee
who believes that his or her
20employer has violated sub. (11) (a) or (b), or the department
, may bring an action in
21circuit court against an employer
to recover damages caused by a violation of sub.
22(11) after the completion of an administrative proceeding, including judicial review,
23concerning the same violation seeking action, as described in sub. (12) (d), to remedy
24the violation and damages caused by the violation.
SB44,793,4
1(b) An action
commenced under par. (a)
may be brought in the circuit court for
2the county where the violation occurred or for the county where the person against
3whom the action is filed resides or has a principal place of business, and shall be
4commenced within the later of the following periods, or be barred:
SB44,793,65
1. Within 60 days
from after the completion of an administrative proceeding,
6including judicial review, concerning the same violation.
SB44,793,107
2.
Twelve Within 12 months after the violation occurred, or the department or
8employee should reasonably have known that the violation occurred.
The 12-month
9statute of limitations under this subdivision shall be tolled while an administrative
10proceeding, including judicial review, concerning the same violation is pending.
SB44, s. 1858
11Section
1858. 106.01 (11) of the statutes is repealed.
SB44, s. 1859
12Section
1859. 106.09 (4) of the statutes is repealed.
SB44, s. 1860
13Section
1860. 106.09 (5) of the statutes is amended to read:
SB44,793,1614
106.09
(5) The department is authorized and directed to cooperate with the
15U.S. employment service in the administration of
said act and in carrying out all
16agreements made thereunder its functions.
SB44, s. 1861
17Section
1861. 106.09 (6) of the statutes is repealed.
SB44, s. 1862
18Section
1862. 106.12 (title) of the statutes is amended to read: