97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.
109,262m
Section 262m. 100.07 (6) of the statutes is amended to read:
100.07 (6) Action Upon request of the department, an action to enjoin violation of this section may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction.
109,263
Section 263. 100.171 (7) (b) of the statutes is 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 3 years or both is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.
109,263bb
Section 263bb. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.
109,263bd
Section 263bd. 100.171 (8) (intro.) of the statutes is amended to read:
100.171 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:
109,263bg
Section 263bg. 100.173 (4) (intro.) of the statutes is amended to read:
100.173 (4) (intro.) The department of justice shall investigate violations of this section. The department of justice, or any district attorney upon informing the department of justice, may, on behalf of the state, do any of the following:
109,263bj
Section 263bj. 100.173 (4) (a) of the statutes is amended to read:
100.173 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, 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.
109,263bn
Section 263bn. 100.174 (5) (intro.) of the statutes is amended to read:
100.174 (5) (intro). The department of justice or any district attorney may on behalf of the state:
109,263bq
Section 263bq. 100.174 (6) of the statutes is amended to read:
100.174 (6) The department of justice shall investigate violations of and enforce this section.
109,263bt
Section 263bt. 100.175 (5) (a) (intro.) of the statutes is 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 justice in an amount not less than $25,000:
109,263bw
Section 263bw. 100.175 (5) (b) of the statutes is amended to read:
100.175 (5) (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 justice any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.
109,263bz
Section 263bz. 100.175 (7) (a) (intro.) of the statutes is amended to read:
100.175 (7) (a) (intro.) The department of justice or any district attorney may on behalf of the state:
109,263gb
Section 263gb. 100.175 (7) (b) of the statutes is amended to read:
100.175 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).
109,263gd
Section 263gd. 100.177 (1) (bm) of the statutes is created to read:
100.177 (1) (bm) Notwithstanding s. 93.01 (3), "department" means the department of justice.
109,263gg
Section 263gg. 100.178 (1) (b) of the statutes is amended to read:
100.178 (1) (b) Notwithstanding s. 93.01 (3), "department" means the department of health and family services justice.
109,263gj
Section 263gj. 100.18 (11) (a) of the statutes is amended to read:
100.18 (11) (a) The department of agriculture, trade and consumer protection justice shall enforce this section. Actions to enjoin violation of this section or any regulations thereunder may be commenced and prosecuted by the department of justice in the name of the state in any court having equity jurisdiction. This remedy is not exclusive.
109,263gm
Section 263gm. 100.18 (11) (b) 3. of the statutes is amended to read:
100.18 (11) (b) 3. No action may be commenced under this section more than 3 years after the occurrence of the unlawful act or practice which is the subject of the action. No injunction may be issued under this section which would conflict with general or special orders of the department of justice or any statute, rule or regulation of the United States or of this state.
109,263gp
Section 263gp. 100.18 (11) (c) 1. of the statutes is amended to read:
100.18 (11) (c) 1. Whenever the department of justice has reason to believe that a person is in possession, custody or control of any information or documentary material relevant to the enforcement of this section it may require that person to submit a statement or report, under oath or otherwise, as to the facts and circumstances concerning any activity in the course of trade or commerce; examine under oath that person with respect to any activity in the course of trade or commerce; and execute in writing and cause to be served upon such person a civil investigative demand requiring the person to produce any relevant documentary material for inspection and copying.
109,263gs
Section 263gs. 100.18 (11) (c) 2. of the statutes is amended to read:
100.18 (11) (c) 2. The department of justice, in exercising powers under this subsection, may issue subpoenas, administer oaths and conduct hearings to aid in any investigation.
109,263gu
Section 263gu. 100.18 (11) (c) 3. of the statutes is amended to read:
100.18 (11) (c) 3. Service of any notice by the department of justice requiring a person to file a statement or report, or service of a subpoena upon a person, or service of a civil investigative demand shall be made in compliance with the rules of civil procedure of this state.
109,263gx
Section 263gx. 100.18 (11) (c) 4. of the statutes is amended to read:
100.18 (11) (c) 4. If a person fails to file any statement or report, or fails to comply with any civil investigative demand, or fails to obey any subpoena issued by the department of justice, such person may be coerced as provided in s. 885.12, except that no person shall be required to furnish any testimony or evidence under this subsection which might tend to incriminate the person.
109,263mb
Section 263mb. 100.18 (11) (d) of the statutes is amended to read:
100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department of 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 section. The court may in its discretion, prior to entry of final judgment, 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, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.
109,263mf
Section 263mf. 100.18 (11) (e) of the statutes is amended to read:
100.18 (11) (e) In lieu of instituting or continuing an action pursuant to this section, the department or the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in such act or practice. The acceptance of such assurance by either the department or the department of justice shall be deemed acceptance by the other state officials enumerated in par. (d) any district attorney if the terms of the assurance so provide. An assurance entered into pursuant to this section shall not be considered evidence of a violation of this section, provided that violation of such an assurance shall be treated as a violation of this section, and shall be subjected to all the penalties and remedies provided therefor.
109,263mj
Section 263mj. 100.182 (5) (a) of the statutes is amended to read:
100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of justice may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.
109,263mm
Section 263mm. 100.182 (5) (b) of the statutes is amended to read:
100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department of justice prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.
109,263mp
Section 263mp. 100.20 (2) (a) of the statutes is amended to read:
100.20 (2) (a) The department of justice, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department of justice to be unfair. The department of justice, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department of justice to be fair.
100.20 (2) (b) Notwithstanding par. (a), the department of justice may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a manufactured home park operator, as defined in s. 101.91 (8), or manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.
109,263mt
Section 263mt. 100.20 (3) of the statutes is amended to read:
100.20 (3) The department of justice, after public hearing, may issue a special order against any person, enjoining such person from employing any method of competition in business or trade practice in business which is determined by the department of justice to be unfair or from providing service in violation of sub. (1t). The department of justice, after public hearing, may issue a special order against any person, requiring such person to employ the method of competition in business or trade practice in business which is determined by the department of justice to be fair.
109,263mv
Section 263mv. 100.20 (4) of the statutes is amended to read:
100.20 (4) The If the department of justice may file a written complaint with the department alleging that the has reason to believe that a person named is employing unfair methods of competition in business or unfair trade practices in business or both. Whenever such a complaint is filed, it shall be the duty of the department
of justice to proceed, after proper notice and in accordance with its rules, to the hearing and adjudication of the matters alleged, and a representative of the department of justice designated by the attorney general may appear before the department in such proceedings. The department of justice shall be entitled to judicial review of the decisions and orders of the department under ch. 227 matter.
109,263mx
Section 263mx. 100.20 (6) of the statutes is amended to read:
100.20 (6) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of any order issued under this section. The court may in its discretion, prior to entry of final judgment 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, provided proof thereof is submitted to the satisfaction of the court. The department of justice may use its authority in ss. 93.14 and 93.15 to investigate violations of any order issued under this section.
109,263mz
Section 263mz. 100.201 (6) (d) of the statutes is amended to read:
100.201 (6) (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department of justice may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.
109,263nb
Section 263nb. 100.201 (8m) (intro.) of the statutes is amended to read:
100.201 (8m) Jurisdiction. (intro.) This section shall apply to transactions, acts or omissions which take place in whole or in part outside this state. In any action or administrative proceeding the department of justice has jurisdiction of the person served under s. 801.11 when any act or omission outside this state by the defendant or respondent results in local injury or may have the effect of injuring competition or a competitor in this state or unfairly diverts trade or business from a competitor, if at the time:
109,263nd
Section 263nd. 100.201 (9) (b) of the statutes is amended to read:
100.201 (9) (b) The department, after public hearing held under s. 93.18, may issue a special order against any person requiring such person to cease and desist from acts, practices or omissions determined by the department to violate this section. Such orders shall be subject to judicial review under ch. 227. Any violation of a special order issued hereunder shall be punishable as a contempt under ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the filing of an affidavit by the department of justice of the commission of such violation in any court of record in the county where the violation occurred.
109,263nf
Section 263nf. 100.201 (9) (c) of the statutes is amended to read:
100.201 (9) (c) The department of justice, in addition to or in lieu of any other remedies herein provided, may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin any person from violating this section or any special order of the department of agriculture, trade and consumer protection issued hereunder under this section, without being compelled to allege or prove that an adequate remedy at law does not exist.
109,263nj
Section 263nj. 100.205 (7) of the statutes is amended to read:
100.205 (7) The department of justice, or any district attorney on informing the department of 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 section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.
109,263nm
Section 263nm. 100.205 (8) of the statutes is amended to read:
100.205 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.
109,263nn
Section 263nn. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:
100.207 (1) Definition
Definitions. (intro.) In this section, "telecommunications:
(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
109,263no
Section 263no. 100.207 (1) (a) of the statutes is created to read:
100.207 (1) (a) Notwithstanding s. 93.01 (3), "department" means the department of justice.
109,263nq
Section 263nq. 100.207 (6) (b) 1. of the statutes is amended to read:
100.207 (6) (b) 1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. 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.
109,263nt
Section 263nt. 100.207 (6) (b) 2. of the statutes is amended to read:
100.207 (6) (b) 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to shall administer this section. The department and the department of justice may subpoena persons and, require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of investigate alleged violations of this section.
109,263nv
Section 263nv. 100.207 (6) (c) of the statutes is amended to read:
100.207 (6) (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.
109,263nz
Section 263nz. 100.207 (6) (em) 1. of the statutes is amended to read:
100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.
109,263pb
Section 263pb. 100.207 (6) (em) 2. of the statutes is amended to read:
100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.
109,263pf
Section 263pf. 100.208 (2) (intro.) of the statutes is amended to read:
100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:
109,263pj
Section 263pj. 100.208 (2) (b) of the statutes is amended to read:
