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).
AB100, s. 1829
15Section
1829. 100.52 (1) (bn) of the statutes is created to read:
AB100,886,1716
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
AB100, s. 1830
18Section
1830. 101.175 (3) (intro.) of the statutes is amended to read:
AB100,886,2219
101.175
(3) (intro.) The department, in consultation with the department of
20agriculture, trade and consumer protection justice, shall establish by rule quality
21standards for local energy resource systems which do not impede development of
22innovative systems but which do:
AB100, s. 1831
23Section
1831. 101.9208 (1) (dm) of the statutes is amended to read:
AB100,887,524
101.9208
(1) (dm) Upon filing an application under par. (a) or (d), a
25supplemental title fee of $7.50 by the owner of the manufactured home, except that
1this fee shall be waived with respect to an application under par. (d) for transfer of
2a decedent's interest in a manufactured home to his or her surviving spouse. The fee
3specified under this paragraph is in addition to any other fee specified in this section.
4The department shall deposit into the environmental fund all fees collected under
5this paragraph.
AB100, s. 1832
6Section
1832. 102.77 of the statutes is created to read:
AB100,887,8
7102.77 Health care worker injury prevention. (1) Definitions. In this
8section:
AB100,887,99
(a) "Health care facility" has the meaning given in s. 146.997 (1) (c).
AB100,887,1010
(b) "Health care provider" has the meaning given in s. 146.997 (1) (d).
AB100,887,1211
(c) "Health care worker" means an employee of a health care facility or of a
12health care provider.
AB100,887,14
13(2) Study, education campaign, and grants. From the appropriation account
14under s. 20.445 (1) (hr), the department shall do all of the following:
AB100,887,1515
(a) Conduct a study of injuries to health care workers caused by lifting.
AB100,887,1816
(b) Develop and distribute to health care facilities, health care providers, and
17health care workers informational materials that promote a lift-free working
18environment for health care workers.
AB100,887,2319
(c) Distribute grants to health care facilities and health care providers to assist
20in the implementation of a lift-free working environment for the health care workers
21of those health care facilities and health care providers. The department shall
22require a grant recipient to provide matching funds in an amount determined by the
23department.
AB100, s. 1833
24Section
1833. 102.81 (2) of the statutes is amended to read:
AB100,888,13
1102.81
(2) The department may retain an insurance carrier or insurance
2service organization to process, investigate and pay claims under this section and
3may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
4do business in this state in an amount that the secretary determines is necessary for
5the sound operation of the uninsured employers fund. In cases involving disputed
6claims, the department may retain an attorney to represent the interests of the
7uninsured employers fund and to make appearances on behalf of the uninsured
8employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and
all
9provisions of subch. IV of ch. 16
, except s. 16.771, do not apply to an attorney hired
10under this subsection. The charges for the services retained under this subsection
11shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any
12reinsurance obtained under this subsection shall be paid from the appropriation
13under s. 20.445 (1) (sm).
AB100, s. 1834
14Section
1834. 103.49 (5) (a) of the statutes is amended to read:
AB100,888,2415
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
16agent performing work on a project that is subject to this section shall keep full and
17accurate records clearly indicating the name and trade or occupation of every person
18performing the work described in sub. (2m) and an accurate record of the number of
19hours worked by each of those persons and the actual wages paid for the hours
20worked.
By no later than the end of the week following a week in which a contractor,
21subcontractor, or contractor's or subcontractor's agent performs work on a project
22that is subject to this section, the contractor, subcontractor, or agent shall submit to
23the state agency authorizing the work a certified record of the information specified
24in the preceding sentence for that preceding week.
AB100, s. 1835
25Section
1835. 106.12 (2) of the statutes is amended to read:
AB100,889,10
1106.12
(2) Employment and education program administration. The board
2shall plan, coordinate, administer, and implement the youth apprenticeship
3program, school-to-work, and work-based learning programs under s. 106.13 (1)
4and such other employment and education programs as the governor may by
5executive order assign to the board. Notwithstanding any limitations placed on the
6use of state employment and education funds under this section or s. 106.13 or under
7an executive order assigning an employment and education program to the board,
8the board may issue a general or special order waiving any of those limitations on
9finding that the waiver will promote the coordination of employment and education
10services.
AB100, s. 1836
11Section
1836. 106.13 (1) of the statutes is renumbered 106.13 (1) (intro.) and
12amended to read:
AB100,889,1413
106.13
(1) (intro.) The
department
board shall provide
a all of the following
14programs:
AB100,889,16
15(a) A youth apprenticeship program that includes the grant programs under
16subs. (3m) and (4).