Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,235,14 336. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,235,15 " Section 258pr. 84.013 (1) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,235,19 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which has a total cost of more than $5,000,000 and which involves any of the following:

AB1-ASA1-CA1, s. 258pu Section 258pu. 84.014 (5m) of the statutes is created to read:

AB1-ASA1-CA1,236,2 84.014 (5m) (a) Notwithstanding any other provision of this section, the department may not expend any moneys from the appropriations under s. 20.395 (3) (cr), (cw), and (cy) for a southeast Wisconsin freeway rehabilitation project that involves adding one or more lanes 5 miles or more in length to the existing freeway unless the project is specifically enumerated in a list under par. (b).

AB1-ASA1-CA1,236,4 (b) The department may proceed with the following southeast Wisconsin freeway rehabilitation projects:

AB1-ASA1-CA1,236,6 1. No projects are enumerated under this paragraph as of the effective date of this subdivision .... [revisor inserts date].".

AB1-ASA1-CA1,236,7 337. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,236,8 " Section 257g. 84.014 (5) of the statutes is created to read:

AB1-ASA1-CA1,236,13 84.014 (5) The department shall design the reconstruction of I 94 in Milwaukee and Waukesha counties to allow for expansion of capacity for vehicular traffic on I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 25 years following the completion of such reconstruction.".

AB1-ASA1-CA1,236,14 338. Page 154, line 4: after that line insert:

AB1-ASA1-CA1,236,15 " Section 259g. 86.312 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,236,23 86.312 (2) (a) The department shall administer a local roads for job preservation program to award grants to political subdivisions for any project that the department determines is necessary to support business and retain jobs in the vicinity of the local road. The department may award grants under this section for any costs related to a project, including costs of acquiring rights-of-way, planning, designing, engineering, and constructing a local road. The department may specify the pavement to be used in any project funded under this section for the purpose of enhancing the pavement life and cost-effectiveness of the project.".

AB1-ASA1-CA1,236,24 339. Page 154, line 4: after that line insert:

AB1-ASA1-CA1,237,1 " Section 259g. 87.30 (1) (d) of the statutes is amended to read:

AB1-ASA1-CA1,237,5 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.".

AB1-ASA1-CA1,237,6 340. Page 154, line 4: after that line insert:

AB1-ASA1-CA1,237,7 " Section 259d. 93.07 (1) of the statutes is amended to read:

AB1-ASA1-CA1,237,13 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its duties and powers under chs. 93 to 100, which regulations shall have the force of law.".

AB1-ASA1-CA1,237,14 341. Page 154, line 17: after that line insert:

AB1-ASA1-CA1,237,15 " Section 259sd. 93.07 (23) of the statutes is created to read:

AB1-ASA1-CA1,237,20 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208, 100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30, and 100.51.

AB1-ASA1-CA1, s. 259se Section 259se. 93.07 (24) of the statutes is amended to read:

AB1-ASA1-CA1,237,23 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 100 and all other laws entrusted to its administration, and especially:

AB1-ASA1-CA1,238,3 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

AB1-ASA1-CA1,238,5 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

AB1-ASA1-CA1,238,10 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

AB1-ASA1-CA1,238,15 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB1-ASA1-CA1, s. 259sf Section 259sf. 93.18 (3) of the statutes is amended to read:

AB1-ASA1-CA1,239,3 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

AB1-ASA1-CA1, s. 259sh Section 259sh. 93.18 (7) of the statutes is created to read:

AB1-ASA1-CA1,239,7 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

AB1-ASA1-CA1, s. 259sj Section 259sj. 93.20 (1) of the statutes is amended to read:

AB1-ASA1-CA1,239,12 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127 or an action that is commenced in court by the department of justice to enforce ch. 100.

AB1-ASA1-CA1, s. 259sm Section 259sm. 93.22 (1) of the statutes is amended to read:

AB1-ASA1-CA1,239,15 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

AB1-ASA1-CA1, s. 259sp Section 259sp. 93.22 (2) of the statutes is amended to read:

AB1-ASA1-CA1,239,20 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.".

AB1-ASA1-CA1,239,21 342. Page 154, line 18: after that line insert:

AB1-ASA1-CA1,239,22 " Section 260g. 95.22 of the statutes is renumbered 95.22 (1).

AB1-ASA1-CA1, s. 260h Section 260h. 95.22 (2) of the statutes is created to read:

AB1-ASA1-CA1,240,2 95.22 (2) The department shall provide the reports of any communicable diseases under sub. (1) to the department of health and family services.".

AB1-ASA1-CA1,240,3 343. Page 154, line 18: delete that line.

AB1-ASA1-CA1,240,4 344. Page 155, line 7: after that line insert:

AB1-ASA1-CA1,240,5 " Section 262m. 100.07 (6) of the statutes is amended to read:

AB1-ASA1-CA1,240,8 100.07 (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.".

AB1-ASA1-CA1,240,9 345. Page 155, line 13: after that line insert:

AB1-ASA1-CA1,240,11 " Section 263bb. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,240,15 100.171 (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.

AB1-ASA1-CA1, s. 263bd Section 263bd. 100.171 (8) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,240,19 100.171 (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:

AB1-ASA1-CA1, s. 263bg Section 263bg. 100.173 (4) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,240,23 100.173 (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:

AB1-ASA1-CA1, s. 263bj Section 263bj. 100.173 (4) (a) of the statutes is amended to read:

AB1-ASA1-CA1,241,7 100.173 (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.

AB1-ASA1-CA1, s. 263bn Section 263bn. 100.174 (5) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,241,10 100.174 (5) (intro). The department of justice or any district attorney may on behalf of the state:

AB1-ASA1-CA1, s. 263bq Section 263bq. 100.174 (6) of the statutes is amended to read:

AB1-ASA1-CA1,241,13 100.174 (6) The department of justice shall investigate violations of and enforce this section.

AB1-ASA1-CA1, s. 263bt Section 263bt. 100.175 (5) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,241,20 100.175 (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:

AB1-ASA1-CA1, s. 263bw Section 263bw. 100.175 (5) (b) of the statutes is amended to read:

AB1-ASA1-CA1,242,2 100.175 (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.

AB1-ASA1-CA1, s. 263bz Section 263bz. 100.175 (7) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,242,5 100.175 (7) (a) (intro.) The department of justice or any district attorney may on behalf of the state:

AB1-ASA1-CA1, s. 263gb Section 263gb. 100.175 (7) (b) of the statutes is amended to read:

AB1-ASA1-CA1,242,10 100.175 (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).

AB1-ASA1-CA1, s. 263gd Section 263gd. 100.177 (1) (bm) of the statutes is created to read:

AB1-ASA1-CA1,242,13 100.177 (1) (bm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB1-ASA1-CA1, s. 263gg Section 263gg. 100.178 (1) (b) of the statutes is amended to read:

AB1-ASA1-CA1,242,16 100.178 (1) (b) Notwithstanding s. 93.01 (3), "department" means the department of health and family services justice.

AB1-ASA1-CA1, s. 263gj Section 263gj. 100.18 (11) (a) of the statutes is amended to read:

AB1-ASA1-CA1,242,22 100.18 (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.

AB1-ASA1-CA1, s. 263gm Section 263gm. 100.18 (11) (b) 3. of the statutes is amended to read:

AB1-ASA1-CA1,243,3 100.18 (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.

AB1-ASA1-CA1, s. 263gp Section 263gp. 100.18 (11) (c) 1. of the statutes is amended to read:

AB1-ASA1-CA1,243,13 100.18 (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.

AB1-ASA1-CA1, s. 263gs Section 263gs. 100.18 (11) (c) 2. of the statutes is amended to read:

AB1-ASA1-CA1,243,17 100.18 (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.

AB1-ASA1-CA1, s. 263gu Section 263gu. 100.18 (11) (c) 3. of the statutes is amended to read:

AB1-ASA1-CA1,243,22 100.18 (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.

AB1-ASA1-CA1, s. 263gx Section 263gx. 100.18 (11) (c) 4. of the statutes is amended to read:

AB1-ASA1-CA1,244,3 100.18 (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.

AB1-ASA1-CA1, s. 263mb Section 263mb. 100.18 (11) (d) of the statutes is amended to read:

AB1-ASA1-CA1,244,15 100.18 (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.

AB1-ASA1-CA1, s. 263mf Section 263mf. 100.18 (11) (e) of the statutes is amended to read:

AB1-ASA1-CA1,245,2 100.18 (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.

AB1-ASA1-CA1, s. 263mj Section 263mj. 100.182 (5) (a) of the statutes is amended to read:

AB1-ASA1-CA1,245,9 100.182 (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.