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:
344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and, the type size, and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.
SECTION 99. 344.579 (2) (intro.) of the statutes is amended to read:
344.579 (2) ENFORCEMENT. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2), and (3) (a) and (b), 344.577, and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:
SECTION 100. 704.90 (9) of the statutes is amended to read:
704.90 (9) RULES. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.
SECTION 101. 704.90 (11) (title) of the statutes is amended to read:
704.90 (11) (title) DUTIES OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION JUSTICE.
SECTION 102. 704.90 (11) (a) of the statutes is amended to read:
704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.
SECTION 103. 707.49 (4) of the statutes is amended to read:
707.49 (4) SURETY BOND AND OTHER OPTIONS. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit, or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit, or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.
SECTION 104. 707.57 (2) of the statutes is amended to read:
707.57 (2) DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION JUSTICE AUTHORITY. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of these acts or practices is submitted to the satisfaction of the court.
(b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas, and take testimony to aid in its investigation of violations of this chapter.
SECTION 105. 707.57 (3) of the statutes is amended to read:
707.57 (3) PENALTY. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.
SECTION 106. 779.41 (1m) of the statutes is amended to read:
779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b), and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SECTION 107. 779.93 (title) of the statutes is amended to read:
779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.
SECTION 108. 779.93 (1) of the statutes is amended to read:
779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.
SECTION 109. 779.93 (2) (intro.) of the statutes is amended to read:
779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in, on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:
SECTION 9103. Nonstatutory provisions; agriculture, trade and consumer protection.
(1) TRANSFER OF CONSUMER PROTECTION FUNCTIONS.
(a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement.
(b) Employee transfers. The departments of justice and agriculture, trade and consumer protection shall jointly determine which positions that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall be transferred to the department of justice. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement. The positions determined to be transferred under this paragraph, and the incumbent employees in those positions, shall be transferred to the department of justice.
(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement.
(e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a consumer protection program or function that is being transferred to the department of justice under this act is being transferred to the department of justice. All materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.
(f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or by the department of justice that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.
(2) NAME CHANGE. Wherever "agriculture, trade and consumer protection" appears in the following sections of the statutes, as affected by this act, "agriculture, trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a) 1. and (16) (b) 1., 15.107 (16) (b) 2., 15.135 (1) (a) (intro.) and (b) and (4) (am) and (b) 1., 15.137 (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1. and (5), 15.347 (13) (b) 3. and (18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a), 16.023 (1) (g) (intro.), 16.045 (3), 16.967 (6), 16.9675 (6), 20.115 (intro.), 20.866 (2) (we) and (wf), 20.923 (4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019 (3) and (12), 29.424 (2) (b), 29.705 (4) (b), 29.875 (2), 30.12 (1m) (a) and (b), 30.20 (1g) (c), 30.46 (1) (a) and (2), 31.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a) 3. and (c), (3) (b), and (5), 41.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217 (9) (b), 66.0307 (4) (a) 1., 66.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.), (1m), (3) (intro.), (4), (5) (intro.), (6), and (7), 88.13, 88.15 (1), (2), and (3), 88.19 (4) (a) (intro.) and (d), 88.21 (5), 88.24 (intro.), 88.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3), 92.03 (3), 92.14 (6) (d) and (m) and (14m), 92.15 (3) (a) and (b), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.75 (3m) (b), (c), and (d), 93.90 (5) (c), 94.72 (1) (d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1) and (3), 95.45 (4) (b), 95.55 (5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04 (1) and (2), 101.175 (3) (intro.), 101.58 (2) (i), 101.586, 126.01 (8), 126.72 (2), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5), 160.01 (7), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.04 (5m) (a) 3., 6., and 7., 169.06 (1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i), 173.01 (1), 174.001 (2), 174.11 (1) and (2) (a), 182.01 (6), 196.857 (1g) (e), 227.137 (1), 227.14 (1s), 230.08 (2) (e) 2., 235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52 (2) (intro.), 254.58, 254.64 (1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and (e), 281.20 (1) (a) and (3) (c) (intro.), 1., and 2. and (d) 3., 281.65 (3) (f), (3m) (a) 1. and (b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4., (i), (L), (o), (p), and (pm), (4c) (am) 2., (4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11), and (12), 281.67, 281.695 (5), 281.75 (1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d) and (9) (d) 1. d., 292.33 (6), 299.11 (2) (title), (a), and (b), and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.), 348.17 (4) (a) and (b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07 (6), 560.17 (7) (am), 560.92 (1), 562.02 (2) (fm), 704.90 (11) (a), 710.02 (4) (a) (intro.), 823.08 (3) (c) 1., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).
(3) MEMBERSHIP OF THE BOARD OF AGRICULTURE, TRADE AND CONSUMER PROTECTION. Notwithstanding section 15.13 of the statutes, as affected by this act, any member of the board of agriculture, trade and consumer protection who is serving on the board of agriculture, trade and consumer protection as a consumer representative on the day before the effective date of this subsection shall be entitled to continue to serve as a member of the board under section 15.13 of the statutes, as affected by this act, until his or her successor is appointed and qualified.
SECTION 9303. Initial applicability; agriculture, trade and consumer protection.
(1) CONSUMER PROTECTION SURCHARGES. The treatment of section 100.261 (3) (d) of the statutes first applies to violations of chapter 133 of the statutes, or rules promulgated under chapter 133 of the statutes, that are committed on the effective date of this subsection.
SECTION 9403. Effective dates; agriculture, trade and consumer protection.
(1) TRANSFER OF CONSUMER PROTECTION FUNCTIONS. The repeal of section 20.115 (8) (jm) of the statutes; the renumbering and amendment of section 100.207 (1) of the statutes; the amendment of sections 15.13, 15.137 (1) (a) (intro.), 20.115 (1) (hm), 20.455 (1) (title), 93.07 (1), 93.07 (24), 93.18 (3), 93.20 (1), 93.22 (1), 93.22 (2), 100.07 (6), 100.171 (7) (b), 100.171 (8) (intro.), 100.173 (4) (intro.), 100.173 (4) (a), 100.174 (5) (intro.), 100.174 (6), 100.175 (5) (a) (intro.), 100.175 (5) (b), 100.175 (7) (a) (intro.), 100.175 (7) (b), 100.178 (1) (b), 100.18 (11) (a), 100.18 (11) (b) 3., 100.18 (11) (c) 1., 100.18 (11) (c) 2., 100.18 (11) (c) 3., 100.18 (11) (c) 4., 100.18 (11) (d), 100.18 (11) (e), 100.182 (5) (a), 100.182 (5) (b), 100.20 (2) (a), 100.20 (2) (b), 100.20 (3), 100.20 (4), 100.20 (6), 100.201 (6) (d), 100.201 (8m) (intro.), 100.201 (9) (b), 100.201 (9) (c), 100.205 (7), 100.205 (8), 100.207 (6) (b) 1., 100.207 (6) (b) 2., 100.207 (6) (c), 100.207 (6) (em) 1., 100.207 (6) (em) 2., 100.208 (2) (intro.), 100.208 (2) (b), 100.209 (3), 100.209 (4) (b), 100.2095 (6) (b), 100.2095 (6) (c), 100.21 (2) (a), 100.21 (4) (a) (intro.), 100.22 (4) (b), 100.235 (11) (a), 100.26 (6), 100.261 (1), 100.261 (3) (b), 100.263, 100.28 (4) (b), 100.28 (4) (c), 100.31 (4), 100.31 (5), 100.38 (5), 100.38 (6), 100.44 (5), 100.46 (1), 100.46 (2), 100.50 (6) (b), 100.50 (6) (c), 101.175 (3) (intro.), 134.71 (12), 136.03 (title), 136.03 (1) (intro.), 136.04, 165.065 (2), 165.25 (4) (ar), 344.576 (3) (a) 5., 344.576 (3) (c), 344.579 (2) (intro.), 704.90 (9), 704.90 (11) (title), 704.90 (11) (a), 707.49 (4), 707.57 (2), 707.57 (3), 779.41 (1m), 779.93 (title), 779.93 (1), and 779.93 (2) (intro.) of the statutes; the creation of sections 20.455 (1) (g), 20.455 (1) (j), 93.07 (23), 93.18 (7), 100.177 (1) (bm), 100.207 (1) (a), 100.261 (3) (d), 100.261 (3) (e), 100.37 (1) (am), 100.41 (1) (bn), 100.42 (1) (cm), 100.43 (1) (am), 100.52 (1) (bn), and 165.252 of the statutes; and SECTION 9103 (1), (2), and (3) of this act take effect on October 1, 2005, or on the first day of the 3rd month beginning after publication, whichever is later.
(End)
LRB-1245LRB-1245/2
JK:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0310 - Livestock farm modernization tax credit
