AB100,869,2018
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
19violations of this section. The department
of justice or any district attorney may on
20behalf of the state:
AB100, s. 1760
21Section
1760. 100.173 (4) (intro.) of the statutes is amended to read:
AB100,869,2422
100.173
(4) (intro.) The department
of justice shall investigate violations of this
23section. The department
of justice, or any district attorney upon informing the
24department
of justice, may, on behalf of the state, do any of the following:
AB100, s. 1761
25Section
1761. 100.173 (4) (a) of the statutes is amended to read:
AB100,870,7
1100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
2any court of competent jurisdiction for any violation of this section. The relief sought
3by the department
of justice or district attorney may include the payment by a
4promoter into an escrow account of an amount estimated to be sufficient to pay for
5ticket refunds. The court may, upon entry of final judgment, award restitution when
6appropriate to any person suffering loss because of violations of this section if proof
7of such loss is submitted to the satisfaction of the court.
AB100, s. 1762
8Section
1762. 100.174 (5) (intro.) of the statutes is amended to read:
AB100,870,109
100.174
(5) (intro.) The department
of justice or any district attorney may on
10behalf of the state:
AB100, s. 1763
11Section
1763. 100.174 (6) of the statutes is amended to read:
AB100,870,1312
100.174
(6) The department
of justice shall investigate violations of and
13enforce this section.
AB100, s. 1764
14Section
1764. 100.175 (5) (a) (intro.) of the statutes is amended to read:
AB100,870,2015
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
16pay more than $100 for dating services before the buyer receives or has the
17opportunity to receive those services unless the person selling dating services
18establishes proof of financial responsibility by maintaining any of the following
19commitments approved by the department
of justice in an amount not less than
20$25,000:
AB100, s. 1765
21Section
1765. 100.175 (5) (b) of the statutes is amended to read:
AB100,871,222
100.175
(5) (b) The commitment described in par. (a) shall be established in
23favor of or made payable to the state, for the benefit of any buyer who does not receive
24a refund under the contractual provision described in sub. (3). The person selling
25dating services shall file with the department
of justice any agreement, instrument
1or other document necessary to enforce the commitment against the person selling
2dating services or any relevant 3rd party, or both.
AB100, s. 1766
3Section
1766. 100.175 (7) (a) (intro.) of the statutes is amended to read:
AB100,871,54
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
5on behalf of the state:
AB100, s. 1767
6Section
1767. 100.175 (7) (b) of the statutes is amended to read:
AB100,871,107
100.175
(7) (b) The department
of justice may bring an action in circuit court
8to recover on a financial commitment maintained under sub. (5) against a person
9selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
10not receive a refund due under the contractual provision described in sub. (3).
AB100, s. 1768
11Section
1768. 100.177 (1) (bm) of the statutes is created to read:
AB100,871,1312
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
AB100, s. 1769
14Section
1769. 100.178 (1) (b) of the statutes is amended to read:
AB100,871,1615
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
16department of
health and family services justice.
AB100, s. 1770
17Section
1770. 100.18 (11) (a) of the statutes is amended to read:
AB100,871,2218
100.18
(11) (a) The department of
agriculture, trade and consumer protection 19justice shall enforce this section. Actions to enjoin violation of this section or any
20regulations thereunder may be commenced and prosecuted by the department
of
21justice in the name of the state in any court having equity jurisdiction. This remedy
22is not exclusive.
AB100, s. 1771
23Section
1771. 100.18 (11) (b) 3. of the statutes is amended to read:
AB100,872,324
100.18
(11) (b) 3. No action may be commenced under this section more than
253 years after the occurrence of the unlawful act or practice which is the subject of the
1action. No injunction may be issued under this section which would conflict with
2general or special orders of the department
of justice or any statute, rule or
3regulation of the United States or of this state.
AB100, s. 1772
4Section
1772. 100.18 (11) (c) 1. of the statutes is amended to read:
AB100,872,135
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
6a person is in possession, custody
, or control of any information or documentary
7material relevant to the enforcement of this section it may require that person to
8submit a statement or report, under oath or otherwise, as to the facts and
9circumstances concerning any activity in the course of trade or commerce; examine
10under oath that person with respect to any activity in the course of trade or
11commerce; and execute in writing and cause to be served upon such person a civil
12investigative demand requiring the person to produce any relevant documentary
13material for inspection and copying.
AB100, s. 1773
14Section
1773. 100.18 (11) (c) 2. of the statutes is amended to read:
AB100,872,1715
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
16subsection, may issue subpoenas, administer oaths
, and conduct hearings to aid in
17any investigation.
AB100, s. 1774
18Section
1774. 100.18 (11) (c) 3. of the statutes is amended to read:
AB100,872,2219
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
20a person to file a statement or report, or service of a subpoena upon a person, or
21service of a civil investigative demand shall be made in compliance with the rules of
22civil procedure of this state.
AB100, s. 1775
23Section
1775. 100.18 (11) (c) 4. of the statutes is amended to read:
AB100,873,324
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.
AB100, s. 1776
4Section
1776. 100.18 (11) (d) of the statutes is amended to read:
AB100,873,155
100.18
(11) (d) The
department or the department of justice
, after consulting
6with the department, or any district attorney, upon informing the department
of
7justice, may commence an action in circuit court in the name of the state to restrain
8by temporary or permanent injunction any violation of this section. The court may
9in its discretion, prior to entry of final judgment, make such orders or judgments as
10may be necessary to restore to any person any pecuniary loss suffered because of the
11acts or practices involved in the action, provided proof thereof is submitted to the
12satisfaction of the court. The
department and the department of justice may
13subpoena persons and require the production of books and other documents
, and t
he
14department of justice may request the department to exercise its authority under
15par. (c) to aid in the investigation of alleged violations of this section.
AB100, s. 1777
16Section
1777. 100.18 (11) (e) of the statutes is amended to read:
AB100,874,217
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
18section,
the department or the department of justice may accept a written assurance
19of discontinuance of any act or practice alleged to be a violation of this section from
20the person who has engaged in such act or practice. The acceptance of such assurance
21by
either the department or the department of justice shall be deemed acceptance by
22the other state officials enumerated in par. (d)
any district attorney if the terms of
23the assurance so provide. An assurance entered into pursuant to this section shall
24not be considered evidence of a violation of this section, provided that violation of
1such an assurance shall be treated as a violation of this section, and shall be
2subjected to all
of the penalties and remedies provided
therefor under this section.
AB100, s. 1778
3Section
1778. 100.182 (5) (a) of the statutes is amended to read:
AB100,874,94
100.182
(5) (a) Any district attorney, after informing the department
of justice,
5or the department
of justice may seek a temporary or permanent injunction in circuit
6court to restrain any violation of this section. Prior to entering a final judgment the
7court may award damages to any person suffering monetary loss because of a
8violation. The department
of justice may subpoena any person or require the
9production of any document to aid in investigating alleged violations of this section.
AB100, s. 1779
10Section
1779. 100.182 (5) (b) of the statutes is amended to read:
AB100,874,1711
100.182
(5) (b) In lieu of instituting or continuing an action under this
12subsection, the department
of justice may accept a written assurance from a violator
13of this section that the violation has ceased. If the terms of the assurance so provide,
14its acceptance by the department
of justice prevents all district attorneys from
15prosecuting the violation. An assurance is not evidence of a violation of this section
16but violation of an assurance is subject to the penalties and remedies of violating this
17section.
AB100, s. 1780
18Section
1780. 100.20 (2) (a) of the statutes is amended to read:
AB100,874,2419
100.20
(2) (a) The department
of justice, after public hearing, may issue
20general orders forbidding methods of competition in business or trade practices in
21business which are determined by the department
of justice to be unfair. The
22department
of justice, after public hearing, may issue general orders prescribing
23methods of competition in business or trade practices in business which are
24determined by the department
of justice to be fair.
AB100, s. 1781
25Section
1781. 100.20 (2) (b) of the statutes is amended to read:
AB100,875,5
1100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
2any order or promulgate any rule that regulates the provision of water or sewer
3service by a manufactured home park operator, as defined in s. 101.91 (8), or
4manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
5to the extent that the rule regulates the provision of such water or sewer service.
AB100, s. 1782
6Section
1782. 100.20 (3) of the statutes is amended to read:
AB100,875,137
100.20
(3) The department
of justice, after public hearing, may issue a special
8order against any person, enjoining such person from employing any method of
9competition in business or trade practice in business which is determined by the
10department
of justice to be unfair or from providing service in violation of sub. (1t).
11The department
of justice, after public hearing, may issue a special order against any
12person, requiring such person to employ the method of competition in business or
13trade practice in business which is determined by the department
of justice to be fair.
AB100, s. 1783
14Section
1783. 100.20 (4) of the statutes is amended to read:
AB100,875,2315
100.20
(4) The If the department of justice
may file a written complaint with
16the department alleging that the has reason to believe that a person
named is
17employing unfair methods of competition in business or unfair trade practices in
18business or both
. Whenever such a complaint is filed
, it shall be the duty of the
19department
of justice to proceed, after proper notice and in accordance with its rules,
20to the hearing and adjudication of the
matters alleged, and a representative of the
21department of justice designated by the attorney general may appear before the
22department in such proceedings. The department of justice shall be entitled to
23judicial review of the decisions and orders of the department under ch. 227 matter.
AB100, s. 1784
24Section
1784. 100.20 (6) of the statutes is amended to read:
AB100,876,8
1100.20
(6) The department
of justice may commence an action in circuit court
2in the name of the state to restrain by temporary or permanent injunction the
3violation of any order issued under this section. The court may in its discretion, prior
4to entry of final judgment
, make such orders or judgments as may be necessary to
5restore to any person any pecuniary loss suffered because of the acts or practices
6involved in the action, provided proof thereof is submitted to the satisfaction of the
7court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 8investigate violations of any order issued under this section.
AB100, s. 1785
9Section
1785. 100.201 (6) (d) of the statutes is amended to read:
AB100,876,1310
100.201
(6) (d) The failure to pay fees under this subsection within the time
11provided under par. (c) is a violation of this section. The department
of justice may
12also commence an action to recover the amount of any overdue fees plus interest at
13the rate of 2% per month for each month that the fees are delinquent.
AB100, s. 1786
14Section
1786. 100.201 (8m) (intro.) of the statutes is amended to read:
AB100,876,2115
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
16acts or omissions which take place in whole or in part outside this state. In any action
17or administrative proceeding the department
of justice has jurisdiction of the person
18served under s. 801.11 when any act or omission outside this state by the defendant
19or respondent results in local injury or may have the effect of injuring competition
20or a competitor in this state or unfairly diverts trade or business from a competitor,
21if at the time:
AB100, s. 1787
22Section
1787. 100.201 (9) (b) of the statutes is amended to read:
AB100,877,723
100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
24public hearing held under s. 93.18, may issue a special order against any person
25requiring such person to cease and desist from acts, practices
, or omissions
1determined by the department
of agriculture, trade, and rural resources to violate
2this section. Such orders shall be subject to judicial review under ch. 227. Any
3violation of a special order issued
hereunder under this paragraph shall be
4punishable as a contempt under ch. 785 in the manner provided for disobedience of
5a lawful order of a court, upon the filing of an affidavit by the department
of justice 6of the commission of such violation in any court of record in the county where the
7violation occurred.
AB100, s. 1788
8Section
1788. 100.201 (9) (c) of the statutes is amended to read:
AB100,877,149
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
10remedies herein provided, may apply to a circuit court for a temporary or permanent
11injunction to prevent, restrain
, or enjoin any person from violating this section or any
12special order of the department
of agriculture, trade, and rural resources issued
13hereunder under this section, without being compelled to allege or prove that an
14adequate remedy at law does not exist.
AB100, s. 1789
15Section
1789. 100.205 (7) of the statutes is amended to read:
AB100,877,2316
100.205
(7) The department
of justice, or any district attorney on informing the
17department
of justice, may commence an action in circuit court in the name of the
18state to restrain by temporary or permanent injunction any violation of this section.
19The court may, before entry of final judgment and after satisfactory proof, make
20orders or judgments necessary to restore to any person any pecuniary loss suffered
21because of a violation of this section. The department
of justice may conduct
22hearings, administer oaths, issue subpoenas
, and take testimony to aid in its
23investigation of violations of this section.
AB100, s. 1790
24Section
1790. 100.205 (8) of the statutes is amended to read:
AB100,878,3
1100.205
(8) The department
of justice or any district attorney may commence
2an action in the name of the state to recover a forfeiture to the state of not more than
3$10,000 for each violation of this section.
AB100, s. 1791
4Section
1791. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
5and amended to read:
AB100,878,76
100.207
(1) Definition
Definitions. (intro.) In this section
, 7"telecommunications:
AB100,878,8
8(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
AB100, s. 1792
9Section
1792. 100.207 (1) (a) of the statutes is created to read:
AB100,878,1110
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
11department of justice.
AB100, s. 1793
12Section
1793. 100.207 (6) (b) 1. of the statutes is amended to read:
AB100,878,2313
100.207
(6) (b) 1. The department
of justice, after consulting with the
14department of agriculture, trade and consumer protection, or any district attorney
15upon informing the department
of agriculture, trade and consumer protection, may
16commence an action in circuit court in the name of the state to restrain by temporary
17or permanent injunction any violation of this section. Injunctive relief may include
18an order directing telecommunications providers, as defined in s. 196.01 (8p), to
19discontinue telecommunications service provided to a person violating this section
20or ch. 196. Before entry of final judgment, the court may make such orders or
21judgments as may be necessary to restore to any person any pecuniary loss suffered
22because of the acts or practices involved in the action if proof of these acts or practices
23is submitted to the satisfaction of the court.
AB100, s. 1794
24Section
1794. 100.207 (6) (b) 2. of the statutes is amended to read:
AB100,879,6
1100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
2to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
3department of justice may subpoena persons
and, require the production of books
4and other documents, and
the department of justice may request the department of
5agriculture, trade and consumer protection to exercise its authority to aid in the
6investigation of investigate alleged violations of this section.
AB100, s. 1795
7Section
1795. 100.207 (6) (c) of the statutes is amended to read:
AB100,879,128
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
9forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
10paragraph shall be enforced by the department
of justice, after consulting with the
11department of agriculture, trade and consumer protection, or, upon informing the
12department, by the district attorney of the county where the violation occurs.
AB100, s. 1796
13Section
1796. 100.207 (6) (em) 1. of the statutes is amended to read:
AB100,879,1814
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
15department shall form an advisory group to suggest recommendations regarding the
16content and scope of the proposed rule. The advisory group shall consist of one or
17more persons who may be affected by the proposed rule
, a representative from the
18department of justice and a representative from the public service commission.
AB100, s. 1797
19Section
1797. 100.207 (6) (em) 2. of the statutes is amended to read:
AB100,879,2220
100.207
(6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
AB100, s. 1798
23Section
1798. 100.208 (2) (intro.) of the statutes is amended to read:
AB100,879,2524
100.208
(2) (intro.) The department
of justice shall notify the public service
25commission if any of the following conditions exists:
AB100, s. 1799
1Section
1799. 100.208 (2) (b) of the statutes is amended to read:
AB100,880,42
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
3(3) prohibiting a telecommunications provider from engaging in an unfair trade
4practice or method of competition.
AB100, s. 1800
5Section
1800. 100.209 (3) of the statutes is amended to read:
AB100,880,106
100.209
(3) Rules and local ordinances allowed. This section does not
7prohibit the department
of justice from promulgating a rule or from issuing an order
8consistent with its authority under this chapter that gives a subscriber greater rights
9than the rights under sub. (2) or prohibit a city, village
, or town from enacting an
10ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB100, s. 1801
11Section
1801. 100.209 (4) (b) of the statutes is amended to read:
AB100,880,1312
100.209
(4) (b) The department
of justice and the district attorneys of this state
13have concurrent authority to institute civil proceedings under this section.
AB100, s. 1802
14Section
1802. 100.2095 (6) (b) of the statutes is amended to read:
AB100,880,1915
100.2095
(6) (b) The department
of justice may commence an action in the
16name of the state to restrain by temporary or permanent injunction a violation of sub.
17(3), (4) or (5). Before entry of final judgment, the court may make any necessary
18orders to restore to any person any pecuniary loss suffered by the person because of
19the violation.
AB100, s. 1803
20Section
1803. 100.2095 (6) (c) of the statutes is amended to read: