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:
AB100,880,2321
100.2095
(6) (c) The department
of justice or any district attorney may
22commence an action in the name of the state to recover a forfeiture to the state of not
23less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
AB100, s. 1804
24Section
1804. 100.21 (2) (a) of the statutes is amended to read:
AB100,881,5
1100.21
(2) (a) No person may make an energy savings or safety claim without
2a reasonable and currently accepted scientific basis for the claim when the claim is
3made. Making an energy savings or safety claim without a reasonable and currently
4accepted scientific basis is
also an unfair method of competition and trade practice
5prohibited under s. 100.20.
AB100, s. 1805
6Section
1805. 100.21 (4) (a) (intro.) of the statutes is amended to read:
AB100,881,87
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
8or special orders
under s. 100.20:
AB100, s. 1806
9Section
1806. 100.22 (4) (b) of the statutes is amended to read:
AB100,881,1410
100.22
(4) (b) The department
of justice may, without alleging or proving that
11no other adequate remedy at law exists, bring an action
on behalf of the department
12of agriculture, trade, and rural resources to enjoin violations of this section or a
13special order issued under this section in the circuit court for the county where the
14alleged violation occurred.
AB100, s. 1807
15Section
1807. 100.235 (11) (a) of the statutes is amended to read:
AB100,881,1916
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
17promulgated or order issued under this section may be required to forfeit not less
18than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
19may commence an action to recover a forfeiture under this paragraph.
AB100, s. 1808
20Section
1808. 100.26 (6) of the statutes is amended to read:
AB100,882,521
100.26
(6) The department, the department of justice, after consulting with the
22department, or any district attorney may commence an action in the name of the
23state to recover a civil forfeiture to the state of not less than $100 nor more than
24$10,000 for each violation of Any person violating an injunction issued under s.
25100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
1protection or any district attorney may commence an action in the name of the state
2to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
3for each violation. Any person violating an order issued under s. 100.20 is subject
4to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
5violation
of an order issued under s. 100.20.
AB100, s. 1809
6Section
1809. 100.261 (1) of the statutes is amended to read:
AB100,882,147
100.261
(1) If a court imposes a fine or forfeiture for a violation of this chapter,
8ch. chs. 98
or 133, a rule promulgated under this chapter or
ch. chs. 98
or 133, or an
9ordinance enacted under this chapter or
ch. chs. 98
or 133, the court shall also impose
10a consumer protection surcharge under ch. 814 in an amount equal to 25% of the fine
11or forfeiture imposed. If multiple violations are involved, the court shall base the
12consumer protection surcharge upon the total of the fine or forfeiture amounts for all
13violations. If a fine or forfeiture is suspended in whole or in part, the court shall
14reduce the surcharge in proportion to the suspension.
AB100, s. 1810
15Section
1810. 100.261 (3) (b) of the statutes is amended to read:
AB100,882,2016
100.261
(3) (b) The secretary of administration shall deposit the consumer
17protection surcharges imposed under ch. 814
for a violation of ch. 98, a rule
18promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund
19and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to
20the limit under par. (c).
AB100, s. 1811
21Section
1811. 100.261 (3) (d) of the statutes is created to read:
AB100,883,222
100.261
(3) (d) The state treasurer shall deposit the consumer protection
23surcharge amounts imposed for a violation of this chapter or ch. 133, a rule
24promulgated under this chapter or ch. 133, or an ordinance enacted under this
1chapter in the general fund and shall credit them to the appropriation account under
2s. 20.455 (1) (g), subject to the limit under par. (e).
AB100, s. 1812
3Section
1812. 100.261 (3) (e) of the statutes is created to read:
AB100,883,54
100.261
(3) (e) The amount credited to the appropriation account under s.
520.455 (1) (g) may not exceed $375,000 in each fiscal year.
AB100, s. 1813
6Section
1813. 100.263 of the statutes is amended to read:
AB100,883,18
7100.263 Recovery. In addition to other remedies available under this chapter,
8the court may award the
department state the reasonable and necessary costs of
9investigation
and, an amount reasonably necessary to remedy the harmful effects of
10the violation
, and
the court may award the department of justice the reasonable and
11necessary expenses of prosecution, including attorney fees, from any person who
12violates this chapter. The
department and the department of justice amounts
13awarded under this section shall
deposit be deposited in the state treasury for
14deposit in the general fund
all moneys that the court awards to the department, the
15department of justice or the state under this section. Ten percent of the money
16deposited in the general fund that was awarded under this section for the costs of
17investigation and the expenses of prosecution, including attorney fees, shall be
18credited to the appropriation account under s. 20.455 (1) (gh).
AB100, s. 1814
19Section
1814. 100.28 (4) (b) of the statutes is amended to read:
AB100,883,2220
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
21department
of justice may seek an injunction restraining any person from violating
22this section.
AB100, s. 1815
23Section
1815. 100.28 (4) (c) of the statutes is amended to read:
AB100,884,3
1100.28
(4) (c) The department
of justice, or any district attorney upon the
2request of the department
of justice, may commence an action in the name of the
3state under par. (a) or (b).
AB100, s. 1816
4Section
1816. 100.31 (4) of the statutes is amended to read:
AB100,884,105
100.31
(4) Penalties. For any violation of this section, the department
of
6justice or a district attorney may commence an action on behalf of the state to recover
7a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
8delivery of a drug sold to a purchaser at a price in violation of this section and each
9separate day in violation of an injunction issued under this section is a separate
10offense.
AB100, s. 1817
11Section
1817. 100.31 (5) of the statutes is amended to read:
AB100,884,1712
100.31
(5) Special remedies. The department
of justice or a district attorney
13may bring an action to enjoin a violation of this section without being compelled to
14allege or prove that an adequate remedy at law does not exist. An action under this
15subsection may be commenced and prosecuted by the department
of justice or a
16district attorney, in the name of the state, in a circuit court in the county where the
17offense occurred or in Dane County, notwithstanding s. 801.50.
AB100, s. 1818
18Section
1818. 100.37 (1) (am) of the statutes is created to read:
AB100,884,2019
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.
AB100, s. 1819
21Section
1819. 100.38 (5) of the statutes is amended to read:
AB100,884,2522
100.38
(5) Inspection. The department
of justice shall enforce this section by
23inspection, chemical analyses
, or any other appropriate method
, and the department
24of justice may promulgate such rules as are necessary to effectively enforce this
25section.
AB100, s. 1820
1Section
1820. 100.38 (6) of the statutes is amended to read:
AB100,885,42
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
3adulterated or misbranded. In addition to the penalties provided under sub. (7), the
4department
of justice may bring an action to enjoin violations of this section.
AB100, s. 1821
5Section
1821. 100.41 (1) (bn) of the statutes is created to read:
AB100,885,76
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
7department of justice.
AB100, s. 1822
8Section
1822. 100.42 (1) (cm) of the statutes is created to read:
AB100,885,109
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
10department of justice.
AB100, s. 1823
11Section
1823. 100.43 (1) (am) of the statutes is created to read:
AB100,885,1312
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
AB100, s. 1824
14Section
1824. 100.44 (5) of the statutes is amended to read:
AB100,885,2115
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 16may, on behalf of the state, bring an action in any court of competent jurisdiction for
17the recovery of forfeitures authorized under sub. (4), for temporary or permanent
18injunctive relief and for any other appropriate relief. The court may make any order
19or judgment that is necessary to restore to any person any pecuniary loss suffered
20because of a violation of sub. (3)
, if proof of the loss is shown to the satisfaction of the
21court.
AB100, s. 1825
22Section
1825. 100.46 (1) of the statutes is amended to read:
AB100,885,2523
100.46
(1) Energy conservation standards. The department
of justice may by
24rule adopt energy conservation standards for products that have been established in
25or promulgated under
42 USC 6291 to
6309.
AB100, s. 1826
1Section
1826. 100.46 (2) of the statutes is amended to read:
AB100,886,62
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
, 3or cause to be installed any product that is not in compliance with rules promulgated
4under sub. (1). In addition to other penalties and enforcement procedures, the
5department
of justice may apply to a court for a temporary or permanent injunction
6restraining any person from violating a rule adopted under sub. (1).
AB100, s. 1827
7Section
1827. 100.50 (6) (b) of the statutes is amended to read:
AB100,886,108
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
9department
of justice may seek an injunction restraining any person from violating
10this section.
AB100, s. 1828
11Section
1828. 100.50 (6) (c) of the statutes is amended to read:
AB100,886,1412
100.50
(6) (c) The department
of justice, or any district attorney upon the
13request of the department
of justice, may commence an action in the name of the
14state under par. (a) or (b).