100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.
SECTION 55. 100.207 (6) (em) 1. of the statutes is amended to read:
100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.
SECTION 56. 100.207 (6) (em) 2. of the statutes is amended to read:
100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.
SECTION 57. 100.208 (2) (intro.) of the statutes is amended to read:
100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:
SECTION 58. 100.208 (2) (b) of the statutes is amended to read:
100.208 (2) (b) The department of justice has issued an order under s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.
SECTION 59. 100.209 (3) of the statutes is amended to read:
100.209 (3) RULES AND LOCAL ORDINANCES ALLOWED. This section does not prohibit the department of justice from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village, or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).
SECTION 60. 100.209 (4) (b) of the statutes is amended to read:
100.209 (4) (b) The department of justice and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.
SECTION 61. 100.2095 (6) (b) of the statutes is amended to read:
100.2095 (6) (b) The department of justice may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (3), (4) or (5). Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.
SECTION 62. 100.2095 (6) (c) of the statutes is amended to read:
100.2095 (6) (c) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SECTION 63. 100.21 (2) (a) of the statutes is amended to read:
100.21 (2) (a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is also an unfair method of competition and trade practice prohibited under s. 100.20.
SECTION 64. 100.21 (4) (a) (intro.) of the statutes is amended to read:
100.21 (4) (a) (intro.) The department may, after public hearing, issue general or special orders under s. 100.20:
SECTION 65. 100.22 (4) (b) of the statutes is amended to read:
100.22 (4) (b) The department of justice may, without alleging or proving that no other adequate remedy at law exists, bring an action on behalf of the department of agriculture, trade, and rural resources to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.
SECTION 66. 100.235 (11) (a) of the statutes is amended to read:
100.235 (11) (a) Forfeiture. Any person who violates this section or any rule promulgated or order issued under this section may be required to forfeit not less than $100 nor more than $10,000. Notwithstanding s. 165.25 (1), the department may commence an action to recover a forfeiture under this paragraph.
SECTION 67. 100.26 (6) of the statutes is amended to read:
100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of Any person violating an injunction issued under s. 100.18, 100.182 or 100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000 for each violation. Any person violating an order issued under s. 100.20 is subject to a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.
SECTION 68. 100.261 (1) of the statutes is amended to read:
100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. chs. 98 or 133, a rule promulgated under this chapter or ch. chs. 98 or 133, or an ordinance enacted under this chapter or ch. chs. 98 or 133, the court shall also impose a consumer protection surcharge under ch. 814 in an amount equal to 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer protection surcharge upon the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the surcharge in proportion to the suspension.
SECTION 69. 100.261 (3) (b) of the statutes is amended to read:
100.261 (3) (b) The secretary of administration shall deposit the consumer protection surcharges imposed under ch. 814 for a violation of ch. 98, a rule promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).
SECTION 70. 100.261 (3) (d) of the statutes is created to read:
100.261 (3) (d) The state treasurer shall deposit the consumer protection surcharge amounts imposed for a violation of this chapter or ch. 133, a rule promulgated under this chapter or ch. 133, or an ordinance enacted under this chapter in the general fund and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to the limit under par. (e).
SECTION 71. 100.261 (3) (e) of the statutes is created to read:
100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $375,000 in each fiscal year.
SECTION 72. 100.263 of the statutes is amended to read:
100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department state the reasonable and necessary costs of investigation and, an amount reasonably necessary to remedy the harmful effects of the violation, and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice amounts awarded under this section shall deposit be deposited in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
SECTION 73. 100.28 (4) (b) of the statutes is amended to read:
100.28 (4) (b) In lieu of or in addition to forfeitures under par. (a), the department of justice may seek an injunction restraining any person from violating this section.
SECTION 74. 100.28 (4) (c) of the statutes is amended to read:
100.28 (4) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).
SECTION 75. 100.31 (4) of the statutes is amended to read:
100.31 (4) PENALTIES. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.
SECTION 76. 100.31 (5) of the statutes is amended to read:
100.31 (5) SPECIAL REMEDIES. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.
SECTION 77. 100.37 (1) (am) of the statutes is created to read:
100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.
SECTION 78. 100.38 (5) of the statutes is amended to read:
100.38 (5) INSPECTION. The department of justice shall enforce this section by inspection, chemical analyses, or any other appropriate method, and the department of justice may promulgate such rules as are necessary to effectively enforce this section.
SECTION 79. 100.38 (6) of the statutes is amended to read:
100.38 (6) ENFORCEMENT. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.
SECTION 80. 100.41 (1) (bn) of the statutes is created to read:
100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.
SECTION 81. 100.42 (1) (cm) of the statutes is created to read:
100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.
SECTION 82. 100.43 (1) (am) of the statutes is created to read:
100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.
SECTION 83. 100.44 (5) of the statutes is amended to read:
100.44 (5) ENFORCEMENT. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3), if proof of the loss is shown to the satisfaction of the court.
SECTION 84. 100.46 (1) of the statutes is amended to read:
100.46 (1) ENERGY CONSERVATION STANDARDS. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.
SECTION 85. 100.46 (2) of the statutes is amended to read:
100.46 (2) PROHIBITED ACTS; ENFORCEMENT. No person may sell at retail, install, or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).
SECTION 86. 100.50 (6) (b) of the statutes is amended to read:
100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.
SECTION 87. 100.50 (6) (c) of the statutes is amended to read:
100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).
SECTION 88. 100.52 (1) (bn) of the statutes is created to read:
100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.
SECTION 89. 101.175 (3) (intro.) of the statutes is amended to read:
101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
SECTION 90. 134.71 (12) of the statutes is amended to read:
134.71 (12) APPLICATIONS AND FORMS. The department of agriculture, trade, and consumer protection rural resources, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade, and rural resources shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost.
SECTION 91. 136.03 (title) of the statutes is amended to read:
136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.
SECTION 92. 136.03 (1) (intro.) of the statutes is amended to read:
136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:
SECTION 93. 136.04 of the statutes is amended to read:
136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.
(2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).
SECTION 94. 165.065 (2) of the statutes is amended to read:
165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to shall cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade, and consumer protection rural resources in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.
SECTION 95. 165.25 (4) (ar) of the statutes is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade, and consumer protection rural resources in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.
SECTION 96. 165.252 of the statutes is created to read:
165.252 Consumer protection matters. The department of justice shall administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.
SECTION 97. 344.576 (3) (a) 5. of the statutes is amended to read:
344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.
SECTION 98. 344.576 (3) (c) of the statutes is amended to read:
