LRBb1706/1
RC/MG/JO:kmg:kaf
1995 - 1996 LEGISLATURE
SENATE AMENDMENT 7,
To 1995 ASSEMBLY BILL 150
June 27, 1995 - Offered by Senators Chvala, Andrea, Breske, Burke, Clausing,
Decker, George, Jauch, Moen, Moore, Plewa, C. Potter, Risser, Shibilski
and Wineke.
AB150-SA7,1,8
42. Page 175, line 16: decrease the dollar amount for fiscal year 1996-97 by
5$2,204,100 for the purpose of decreasing the authorized FTE positions for the
6department of agriculture, trade and consumer protection by 43.8 GPR positions on
7July 1, 1996, for the performance of consumer protection investigation and
8enforcement functions, and adjust the net appropriation totals accordingly.
AB150-SA7,1,11
93. Page 176, line 8: decrease the dollar amount for fiscal year 1996-97 by
10$94,200 to decrease funding for unfair sales act enforcement functions being
11transferred to the department of justice.
AB150-SA7,1,15
124. Page 295, line 12: increase the dollar amount for fiscal year 1996-97 by
13$1,687,078 for the purpose of increasing the authorized FTE positions for the
14department of justice by 32.6 GPR positions on July 1, 1996, for the performance of
15consumer protection investigation and enforcement functions.
AB150-SA7,2,3
3"
Section 476t. 20.115 (1) (r) of the statutes is renumbered 20.455 (2) (rz).".
AB150-SA7,2,8
8"
Section 3601h. 100.18 (11) (a) of the statutes is amended to read:
AB150-SA7,2,139
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-SA7,2,2215
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-SA7,3,9
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-SA7,3,1311
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-SA7,3,1815
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-SA7,3,2420
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-SA7,4,10
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-SA7,4,2112
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-SA7,4,24
24"
Section 3601u. 100.20 (2) of the statutes is amended to read:
AB150-SA7,5,6
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-SA7,5,148
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-SA7,5,2417
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-SA7,6,6
6"
Section 3608s. 100.30 (4) of the statutes is amended to read:
AB150-SA7,6,107
100.30
(4) Penalties. For any violation of sub. (3), the department
of justice 8or a district attorney may commence an action on behalf of the state to recover a
9forfeiture of not less than $50 nor more than $500 for the first violation and not less
10than $200 nor more than $2,500 for each subsequent violation.
AB150-SA7,6,1912
100.30
(5) (a) The department
of justice may issue a special order
as provided
13in s. 93.18 against a retailer or wholesaler requiring the retailer or wholesaler to
14cease and desist from violating this section in the sale of cigarettes or other tobacco
15products, fermented malt beverages, intoxicating liquor or wine or motor vehicle
16fuel. The department
of justice or a district attorney may commence an action on
17behalf of the state against a retailer or wholesaler who violates a special order issued
18under this paragraph to recover a forfeiture of not less than $200 nor more than
19$5,000 for each violation.
AB150-SA7,7,221
100.30
(5) (b) The department
of justice or a district attorney may bring an
22action to enjoin a violation of this section without being compelled to allege or prove
23that an adequate remedy at law does not exist. An action under this paragraph may
24be commenced and prosecuted by the department
of justice or a district attorney, in
1the name of the state, in a circuit court in the county where the offense occurred or
2in Dane county, notwithstanding s. 801.50.".
