1997 Wisconsin Act 111

111,9 Section 9 . 134.24 (title) and (1) (intro.) and (a) of the statutes are renumbered 100.206 (title) and (1) (intro.) and (a).

111,10 Section 10 . 134.24 (1) (b) of the statutes is repealed.

111,11 Section 11 . 134.24 (1) (c) to (g) of the statutes are renumbered 100.206 (1) (c) to (g).

111,12 Section 12 . 134.24 (2) of the statutes is renumbered 100.206 (2), and 100.206 (2) (a) 1., as renumbered, is amended to read:

100.206 (2) (a) 1. A certified copy of each document that is used at the time of filing by the performing rights society to enter into a contract with a proprietor doing business who operates a retail establishment or restaurant in this state.

111,13 Section 13 . 134.24 (3) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 100.206 (3).

111,14 Section 14 . 134.24 (4) of the statutes is renumbered 100.206 (4), and 100.206 (4) (b) 1., as renumbered, is amended to read:

100.206 (4) (b) 1. The proprietor's name and business commercial address and the name and location of each retail establishment and restaurant to which the contract applies.

111,15 Section 15 . 134.24 (5) of the statutes is renumbered 100.206 (5), and 100.206 (5) (a) and (b), as renumbered, are amended to read:

100.206 (5) (a) Enter the business commercial premises of a proprietor to discuss a contract under this section with the proprietor or his or her employes, without identifying himself or herself and making known the purpose of the visit before commencing any further communication with the proprietor or the proprietor's employes.

(b) Engage in any coercive conduct, act or practice that disrupts the business commercial premises of a proprietor in a substantial manner.

111,16 Section 16 . 134.24 (6) and (7) of the statutes are renumbered 100.206 (6) and (7).

111,17 Section 17 . 134.42 of the statutes is renumbered 100.209, and 100.209 (3) and (4) (b), as renumbered, are amended to read:

100.209 (3) Rules and local ordinances allowed. This section does not prohibit the department of agriculture, trade and consumer protection from promulgating a rule or from issuing an order consistent with its authority under ch. 100 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).

(4) (b) The department of agriculture, trade and consumer protection and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

111,18 Section 18 . 134.67 (title) of the statutes is renumbered 94.709 (title).

111,19 Section 19 . 134.67 (intro.) of the statutes is renumbered 94.709 (1).

111,20 Section 20 . 134.67 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 94.709 (2) (a) (intro.) and amended to read:

94.709 (2) (a) (intro.) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:

111,21 Section 21 . 134.67 (2) (a) 1. to 3. of the statutes are renumbered 94.709 (2) (a) 1. to 3.

111,22 Section 22 . 134.67 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 94.709 (2) (b) (intro.) and amended to read:

94.709 (2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:

111,23 Section 23 . 134.67 (2) (b) 1. to 3. of the statutes are renumbered 94.709 (2) (b) 1. to 3.

111,24 Section 24 . 134.67 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 94.709 (2) (c) and amended to read:

94.709 (2) (c) The department of agriculture, trade and consumer protection also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.

111,25 Section 25 . 134.68 of the statutes is renumbered 100.175, and 100.175 (5) (a) (intro.) and (b) and (7) (a) (intro.), as renumbered, are amended to read:

100.175 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of agriculture, trade and consumer protection in an amount not less than $25,000:

(b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

(7) (a) (intro.) The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:

111,26 Section 26 . 134.70 of the statutes is renumbered 100.177, and 100.177 (13) (b) 1. (intro.), 2. and 3. and (15) (a) and (am), as renumbered, are amended to read:

100.177 (13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish proof of financial responsibility required under par. (a) by maintaining an established escrow account approved by the department of agriculture, trade and consumer protection for all amounts received from buyers in advance of the receipt of services or by maintaining any of the following commitments approved by the department of agriculture, trade and consumer protection in an amount not less than $25,000, subject to subd. 2.:

2. The commitment described in subd. 1. shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under sub. (11) (a). The center shall file with the department of agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the center or any relevant 3rd party, or both.

3. For 6 or more weight reduction centers owned or operated under the same trade name, the amount of the financial commitment under pars. (a) and (b) for those weight reduction centers is not required to exceed a total of $150,000. For a weight reduction center that submits to the department of agriculture, trade and consumer protection evidence satisfactory to the department that the weight reduction center collected a total of $50,000 or more but less than $100,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $10,000. For a weight reduction center that submits to the department evidence satisfactory to the department that the weight reduction center collected less than a total of $50,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $5,000.

(15) (a) The department of agriculture, trade and consumer protection shall investigate violations of this section or s. 134.705 100.178 (2) or (4). The department of agriculture, trade and consumer protection may on behalf of the state:

1. Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section or s. 134.705 100.178 (2) or (4). The court may in its discretion, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

2. Bring an action in any court of competent jurisdiction for the recovery of civil forfeitures against any person who violates this section or s. 134.705 100.178 (2) or (4) in an amount not less than $100 nor more than $10,000 for each violation.

(am) The department of agriculture, trade and consumer protection may bring an action in circuit court to recover on a financial commitment maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under sub. (11) (a).

111,27 Section 27 . 134.705 of the statutes is renumbered 100.178, and 100.178 (1) (b) and (c), (4) and (7), as renumbered, are amended to read:

100.178 (1) (b) “Department" Notwithstanding s. 93.01 (3), “department" means the department of health and family services.

(c) “Fitness center" has the meaning given under s. 134.70 100.177 (1) (c).

(4) A fitness center shall post a notice or notices on its premises stating the requirements of sub. (2) and the penalty for a violation of sub. (2) under s. 134.70 100.177 (15) (a). The notice shall comply with the rules promulgated by the department under sub. (5) (d).

(7) A violation of sub. (2) or (4) is subject to s. 134.70 100.177 (15) (a). This subsection or s. 134.70 100.177 (15) (a) does not preclude a person injured as a result of a violation of this section from pursuing any other available equitable or legal relief.

111,28 Section 28 . 134.74 of the statutes is renumbered 100.171, and 100.171 (7) (b) and (8) (intro.), as renumbered, are amended to read:

100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both. A person intentionally violates this section if the violation occurs after the department of agriculture, trade and consumer protection or a district attorney has notified the person by certified mail that the person is in violation of this section.

(8) Enforcement. (intro.) The department of agriculture, trade and consumer protection shall investigate violations of this section. The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:

111,29 Section 29 . 134.83 of the statutes is renumbered 100.174, and 100.174 (5) (intro.) and (6), as renumbered, are amended to read:

100.174 (5) (intro.)  The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:

(6) The department of agriculture, trade and consumer protection shall investigate violations of and enforce this section.

111,30 Section 30 . 134.85 of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 100.51, and 100.51 (2) (b) and (3) (a), as renumbered, are amended to read:

100.51 (2) (b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and business commercial experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.

(3) (a) The department of agriculture, trade and consumer protection on behalf of the state or any person who claims injury as a result of a violation of sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.

111,31 Section 31 . 134.95 (2) of the statutes is amended to read:

134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 134.22, 134.68, 134.70, 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.74, 134.83 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.

111,32 Section 32 . 134.95 (3) of the statutes is amended to read:

134.95 (3) Priority for restitution. If the court orders restitution under s. 134.22 (4) (a), 134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.

111,33 Section 33 . 134.99 (1) of the statutes is amended to read:

134.99 (1) Whoever is concerned in the commission of a violation of this chapter, except s. 134.83, for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

111,34 Section 34 . 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 the department of agriculture, trade and consumer protection 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, 100.50, 134.22, 134.42, 134.68, 134.70, 134.74, 134.83 and 134.85 and 100.51 and chs. 136, 344, 704, 707 and 779, together with any other services as are necessarily connected to the legal services.

111,35 Section 35 . 707.55 (10) of the statutes is amended to read:

707.55 (10) Gifts and prizes. A mail or coupon promotion sent to residents of this state that offers any award, gift or prize for visiting a development or attending any sales presentation shall comply with the requirements of s. 134.74 100.171.

Note: Chapter 134, stats., relating to miscellaneous trade regulations, contains a number of sections which are specifically assigned to the department of agriculture, trade and consumer protection (DATCP) for administration and enforcement. Other sections of ch. 134 are not assigned to any state agency, which, according to the DATCP, creates some confusion as to the scope of state agency responsibility for ch. 134. The treatment of Sections 2 to 35 is necessary to renumber the laws in ch. 134 that are administered by DATCP to chs. 94 and 100, which DATCP says will help to alleviate this confusion.