LRBb1328/1
RC/MG/JO:kmg:fs
1995 - 1996 LEGISLATURE
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ASSEMBLY AMENDMENT 34,
To ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 150
June 21, 1995 - Offered by Representatives Wood, Huber and Krusick.
AB150-ASA1-AA34,1,7
32. Page 173, line 9: decrease the dollar amount for fiscal year 1996-97 by
4$2,204,100 for the purpose of decreasing the authorized FTE positions for the
5department of agriculture, trade and consumer protection by 43.8 GPR positions on
6July 1, 1996, for the performance of consumer protection investigation and
7enforcement functions, and adjust the net appropriation totals accordingly.
AB150-ASA1-AA34,1,10
83. Page 174, line 1: decrease the dollar amount for fiscal year 1996-97 by
9$94,200 to decrease funding for unfair sales act enforcement functions being
10transferred to the department of justice.
AB150-ASA1-AA34,1,14
114. Page 283, line 3: increase the dollar amount for fiscal year 1996-97 by
12$1,687,078 for the purpose of increasing the authorized FTE positions for the
13department of justice by 32.6 GPR positions on July 1, 1996, for the performance of
14consumer protection investigation and enforcement functions.
AB150-ASA1-AA34,2,3
3"
Section 476t. 20.115 (1) (r) of the statutes is renumbered 20.455 (2) (rz).".
AB150-ASA1-AA34,2,139
100.18
(11) (a) The department of
agriculture, trade and consumer protection 10justice shall enforce this section. Actions to enjoin violation of this section or any
11regulations thereunder may be commenced and prosecuted by the department
of
12justice in the name of the state in any court having equity jurisdiction. This remedy
13is not exclusive.
AB150-ASA1-AA34,2,2215
100.18
(11) (b) 1. The
department of agriculture, trade and consumer
16protection may request that the department of justice
may commence an action to
17enjoin a violation of this section
, in which event the latter department shall proceed
18with the requested action within a reasonable period of time or provide the
19department of agriculture, trade and consumer protection with a brief statement of
20its reasons for not proceeding. The department of justice shall further provide the
21department of agriculture, trade and consumer protection with periodic summaries
22of all activity under this section.
AB150-ASA1-AA34,3,9
1100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.
AB150-ASA1-AA34,3,1311
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.
AB150-ASA1-AA34,3,1815
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.
AB150-ASA1-AA34,3,2420
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department
of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.
AB150-ASA1-AA34,4,10
1100.18
(11) (d) The
department or the department of justice or any district
2attorney, upon informing the department of justice, may commence an action in
3circuit court in the name of the state to restrain by temporary or permanent
4injunction any violation of this section. The court may in its discretion, prior to entry
5of final judgment, make such orders or judgments as may be necessary to restore to
6any person any pecuniary loss suffered because of the acts or practices involved in
7the action, provided proof thereof is submitted to the satisfaction of the court. The
8department of justice may subpoena persons
, and require the production of books
9and other documents
, and may request the department to exercise its authority
10under par. (c) to aid in the investigation of alleged violations of this section.
AB150-ASA1-AA34,4,2112
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
13section, the
department or the department of justice may accept a written assurance
14of discontinuance of any act or practice alleged to be a violation of this section from
15the person who has engaged in such act or practice. The acceptance of such assurance
16by
either the department or the department of justice shall be deemed acceptance by
17the other state officials enumerated in par. (d) if the terms of the assurance so
18provide. An assurance entered into pursuant to this section shall not be considered
19evidence of a violation of this section, provided that violation of such an assurance
20shall be treated as a violation of this section, and shall be subjected to all the
21penalties and remedies provided therefor.".
AB150-ASA1-AA34,5,6
1100.20
(2) The department
of justice, after public hearing, may issue general
2orders forbidding methods of competition in business or trade practices in business
3which are determined by the department
of justice to be unfair. The department
of
4justice, after public hearing, may issue general orders prescribing methods of
5competition in business or trade practices in business which are determined by the
6department
of justice to be fair.
AB150-ASA1-AA34,5,148
100.20
(3) The department
of justice, after public hearing, may issue a special
9order against any person, enjoining such person from employing any method of
10competition in business or trade practice in business which is determined by the
11department
of justice to be unfair or from providing service in violation of sub. (1t).
12The department
of justice, after public hearing, may issue a special order against any
13person, requiring such person to employ the method of competition in business or
14trade practice in business which is determined by the department
of justice to be fair.
AB150-ASA1-AA34,5,2417
100.20
(6) The department
of justice may commence an action in circuit court
18in the name of the state to restrain by temporary or permanent injunction the
19violation of any order issued under this section. The court may in its discretion, prior
20to entry of final judgment make such orders or judgments as may be necessary to
21restore to any person any pecuniary loss suffered because of the acts or practices
22involved in the action, provided proof thereof is submitted to the satisfaction of the
23court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 24investigate violations of any order issued under this section.".
AB150-ASA1-AA34,6,63
100.30
(4) Penalties. For any violation of sub. (3), the department
of justice 4or a district attorney may commence an action on behalf of the state to recover a
5forfeiture of not less than $50 nor more than $500 for the first violation and not less
6than $200 nor more than $2,500 for each subsequent violation.
AB150-ASA1-AA34,6,158
100.30
(5) (a) The department
of justice may issue a special order
as provided
9in s. 93.18 against a retailer or wholesaler requiring the retailer or wholesaler to
10cease and desist from violating this section in the sale of cigarettes or other tobacco
11products, fermented malt beverages, intoxicating liquor or wine or motor vehicle
12fuel. The department
of justice or a district attorney may commence an action on
13behalf of the state against a retailer or wholesaler who violates a special order issued
14under this paragraph to recover a forfeiture of not less than $200 nor more than
15$5,000 for each violation.
AB150-ASA1-AA34,6,2217
100.30
(5) (b) The department
of justice or a district attorney may bring an
18action to enjoin a violation of this section without being compelled to allege or prove
19that an adequate remedy at law does not exist. An action under this paragraph may
20be commenced and prosecuted by the department
of justice or a district attorney, in
21the name of the state, in a circuit court in the county where the offense occurred or
22in Dane county, notwithstanding s. 801.50.".
AB150-ASA1-AA34,7,62
136.04
(2) The department of
agriculture, trade and consumer protection 3justice after public hearing may issue general or special orders to carry out the
4purposes of this chapter and to determine and prohibit unfair trade practices in
5business or unfair methods of competition in business pursuant to s. 100.20 (2)
to (4) 6and (3).".
AB150-ASA1-AA34,7,8
8"
(6x) Transfer of consumer protection function.
AB150-ASA1-AA34,7,17
9(a) Assets and liabilities. On the effective date of this paragraph, all assets and
10liabilities of the department of agriculture, trade and consumer protection primarily
11related to its consumer protection investigation and enforcement functions under
12sections 100.18, 100.20 and 100.30 of the statutes shall become the assets and
13liabilities of the department of justice. The departments of justice and agriculture,
14trade and consumer protection shall jointly determine these assets and liabilities
15and shall jointly develop and implement a plan for the orderly transfer thereof. In
16the event of any disagreement between the departments, the secretary of
17administration shall decide the question.
AB150-ASA1-AA34,7,22
18(b) Employe transfers. All incumbents holding positions in the department of
19agriculture, trade and consumer protection that are primarily related to its
20consumer protection investigation and enforcement functions under sections 100.18,
21100.20 and 100.30 of the statutes, as determined by the secretary of administration,
22are transferred on the effective date of this paragraph to the department of justice.
AB150-ASA1-AA34,8,4
23(c) Employe status. Employes transferred under paragraph (b) have all the
24rights and the same status under subchapter V of chapter 111 and chapter 230 of the
1statutes in the department of justice that they enjoyed in the department of
2agriculture, trade and consumer protection immediately before the transfer.
3Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
4has attained permanent status in class is required to serve a probationary period.
AB150-ASA1-AA34,8,13
5(d) Supplies and equipment. On the effective date of this paragraph, all
6tangible personal property, including records, of the department of agriculture, trade
7and consumer protection primarily related to its consumer protection investigation
8and enforcement functions under sections 100.18, 100.20 and 100.30 of the statutes
9are transferred to the department of justice. The departments of justice and
10agriculture, trade and consumer protection shall jointly identify the tangible
11personal property, including records, and shall jointly develop and implement a plan
12for the orderly transfer thereof. In the event of any disagreement between the
13departments, the secretary of administration shall decide the question.
AB150-ASA1-AA34,8,21
14(e) Pending matters. Any matter pending with the department of agriculture,
15trade and consumer protection on the effective date of this paragraph that is
16primarily related to its consumer protection investigation and enforcement
17functions under sections 100.18, 100.20 and 100.30 of the statutes is transferred to
18the department of justice. All materials submitted or actions taken by the
19department of agriculture, trade and consumer protection with respect to the
20pending matter are considered as having been submitted to or taken by the
21department of justice.
AB150-ASA1-AA34,9,7
22(f) Contracts. All contracts entered into by the department of agriculture,
23trade and consumer protection in effect on the effective date of this paragraph that
24are primarily related to its consumer protection investigation and enforcement
25functions under sections 100.18, 100.20 and 100.30 of the statutes remain in effect
1and are transferred to the department of justice. The departments of justice and
2agriculture, trade and consumer protection shall jointly identify these contracts and
3shall jointly develop and implement a plan for the orderly transfer thereof. In the
4event of any disagreement between the departments, the secretary of administration
5shall decide the question. The department of justice shall carry out any such
6contractual obligations until modified or rescinded by the department of justice to
7the extent allowed under the contract.
AB150-ASA1-AA34,9,18
8(g) Rules and orders. All rules promulgated by the department of agriculture,
9trade and consumer protection that are in effect on the effective date of this
10paragraph and that are primarily related to its consumer protection investigation
11and enforcement functions under sections 100.18, 100.20 and 100.30 of the statutes
12remain in effect until their specified expiration date or until amended or repealed by
13the department of justice. All orders issued by the department of agriculture, trade
14and consumer protection that are in effect on the effective date of this paragraph and
15that are primarily related to its consumer protection investigation and enforcement
16functions under sections 100.18, 100.20 and 100.30 of the statutes remain in effect
17until their specified expiration date or until modified or rescinded by the department
18of justice.".
AB150-ASA1-AA34,9,22
20"
(6x) Transfer of certain consumer protection functions. The treatment of
21sections 100.18 (11) (a), (b) 1., (c) 1., 2., 3. and 4., (d) and (e), 100.20 (2), (3), (4) and
22(6), 100.30 (4) and (5) (a) and (b) and 136.04 (2) of the statutes, the renumbering of
1section 20.115 (1) (r) of the statutes and
Section 9104 (6x) of this act take effect on
2July 1, 1996.".
