AB1-ASA1-CA1,250,1814
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
15department shall form an advisory group to suggest recommendations regarding the
16content and scope of the proposed rule. The advisory group shall consist of one or
17more persons who may be affected by the proposed rule
, a representative from the
18department of justice and a representative from the public service commission.
AB1-ASA1-CA1,250,2220
100.207
(6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
AB1-ASA1-CA1,250,2524
100.208
(2) (intro.) The department
of justice shall notify the public service
25commission if any of the following conditions exists:
AB1-ASA1-CA1,251,42
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
3(3) prohibiting a telecommunications provider from engaging in an unfair trade
4practice or method of competition.
AB1-ASA1-CA1,251,106
100.209
(3) Rules and local ordinances allowed. This section does not
7prohibit the department
of justice from promulgating a rule or from issuing an order
8consistent with its authority under this chapter that gives a subscriber greater rights
9than the rights under sub. (2) or prohibit a city, village or town from enacting an
10ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB1-ASA1-CA1,251,1312
100.209
(4) (b) The department
of justice and the district attorneys of this state
13have concurrent authority to institute civil proceedings under this section.
AB1-ASA1-CA1,251,1915
100.2095
(6) (b) The department
of justice may commence an action in the
16name of the state to restrain by temporary or permanent injunction a violation of sub.
17(3), (4) or (5). Before entry of final judgment, the court may make any necessary
18orders to restore to any person any pecuniary loss suffered by the person because of
19the violation.
AB1-ASA1-CA1,251,2321
100.2095
(6) (c) The department
of justice or any district attorney may
22commence an action in the name of the state to recover a forfeiture to the state of not
23less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).".
AB1-ASA1-CA1,252,62
100.21
(2) (a) No person may make an energy savings or safety claim without
3a reasonable and currently accepted scientific basis for the claim when the claim is
4made. Making an energy savings or safety claim without a reasonable and currently
5accepted scientific basis is
also an unfair method of competition and trade practice
6prohibited under s. 100.20.
AB1-ASA1-CA1,252,98
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
9or special orders
under s. 100.20:
AB1-ASA1-CA1,252,1411
100.22
(4) (b) The department
of justice may, without alleging or proving that
12no other adequate remedy at law exists, bring an action to enjoin violations of this
13section or a special order issued under this section in the circuit court for the county
14where the alleged violation occurred.
AB1-ASA1-CA1,252,1916
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
17promulgated or order issued under this section may be required to forfeit not less
18than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
19may commence an action to recover a forfeiture under this paragraph.".
AB1-ASA1-CA1,253,722
100.26
(6) The department, the department of justice, after consulting with the
23department, or any district attorney may commence an action in the name of the
24state to recover a civil forfeiture to the state of not less than $100 nor more than
1$10,000 for each violation of Any person violating an injunction issued under s.
2100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
3protection or any district attorney may commence an action in the name of the state
4to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
5for each violation. Any person violating an order issued under s. 100.20 is subject
6to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
7violation
of an order issued under s. 100.20.".
AB1-ASA1-CA1,254,411
101.01
(11) "Place of employment" includes every place, whether indoors or out
12or underground and the premises appurtenant thereto where either temporarily or
13permanently any industry, trade, or business is carried on, or where any process or
14operation, directly or indirectly related to any industry, trade, or business, is carried
15on, and where any person is, directly or indirectly, employed by another for direct or
16indirect gain or profit, but does not include any place where persons are employed
17in private domestic service which does not involve the use of mechanical power or in
18farming. "Farming" includes those activities specified in s. 102.04 (3)
, and also
19includes; the transportation of farm products, supplies, or equipment directly to the
20farm by the operator of the farm or employees for use thereon, if such activities are
21directly or indirectly for the purpose of producing commodities for market, or as an
22accessory to such production
; and the operation of a horse boarding facility or horse
23training facility that does not contain an area for the public to view a horse show.
24When used with relation to building codes, "place of employment" does not include
1an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11,
2a previously constructed building used as a community-based residential facility, as
3defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the
4operator or administrator.
AB1-ASA1-CA1,254,157
101.01
(12) "Public building" means any structure, including exterior parts of
8such building, such as a porch, exterior platform, or steps providing means of ingress
9or egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
10traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation
11to building codes, "public building" does not include
a horse boarding facility or horse
12training facility that does not contain an area for the public to view a horse show or 13a previously constructed building used as a community-based residential facility as
14defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the
15operator or administrator or an adult family home, as defined in s. 50.01 (1).".
AB1-ASA1-CA1,254,2319
100.261
(3) (b) The state treasurer shall deposit the consumer protection
20assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
2198, or an ordinance enacted under ch. 98 in the general fund and shall credit them
22to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
23(c).
AB1-ASA1-CA1,255,5
1100.261
(3) (d) The state treasurer shall deposit the consumer protection
2assessment amounts imposed for a violation of this chapter, a rule promulgated
3under this chapter, or an ordinance enacted under this chapter in the general fund
4and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
5the limit under par. (e).
AB1-ASA1-CA1,255,87
100.261
(3) (e) The amount credited to the appropriation account under s.
820.455 (1) (g) may not exceed $185,000 in each fiscal year.
AB1-ASA1-CA1,255,21
10100.263 Recovery. In addition to other remedies available under this chapter,
11the court may award
the department the reasonable and necessary costs of
12investigation and an amount reasonably necessary to remedy the harmful effects of
13the violation and the court may award
the department of justice the reasonable and
14necessary expenses of prosecution, including attorney fees, from any person who
15violates this chapter. The
department and the department of justice amounts
16awarded under this subsection shall
deposit be deposited in the state treasury for
17deposit in the general fund
all moneys that the court awards to the department, the
18department of justice or the state under this section. Ten percent of the money
19deposited in the general fund that was awarded under this section for the costs of
20investigation and the expenses of prosecution, including attorney fees, shall be
21credited to the appropriation account under s. 20.455 (1) (gh).
AB1-ASA1-CA1,255,2523
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
24department
of justice may seek an injunction restraining any person from violating
25this section.
AB1-ASA1-CA1,256,42
100.28
(4) (c) The department
of justice, or any district attorney upon the
3request of the department
of justice, may commence an action in the name of the
4state under par. (a) or (b).
AB1-ASA1-CA1,256,116
100.31
(4) Penalties. For any violation of this section, the department
of
7justice or a district attorney may commence an action on behalf of the state to recover
8a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
9delivery of a drug sold to a purchaser at a price in violation of this section and each
10separate day in violation of an injunction issued under this section is a separate
11offense.
AB1-ASA1-CA1,256,1813
100.31
(5) Special remedies. The department
of justice or a district attorney
14may bring an action to enjoin a violation of this section without being compelled to
15allege or prove that an adequate remedy at law does not exist. An action under this
16subsection may be commenced and prosecuted by the department
of justice or a
17district attorney, in the name of the state, in a circuit court in the county where the
18offense occurred or in Dane County, notwithstanding s. 801.50.
AB1-ASA1-CA1,256,2120
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
21department of justice.
AB1-ASA1-CA1,257,223
100.38
(5) Inspection. The department
of justice shall enforce this section by
24inspection, chemical analyses or any other appropriate method and the department
1of justice may promulgate such rules as are necessary to effectively enforce this
2section.
AB1-ASA1-CA1,257,64
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
5adulterated or misbranded. In addition to the penalties provided under sub. (7), the
6department
of justice may bring an action to enjoin violations of this section.
AB1-ASA1-CA1,257,98
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
9department of justice.
AB1-ASA1-CA1,257,1211
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
AB1-ASA1-CA1,257,1514
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
15department of justice.
AB1-ASA1-CA1,257,2317
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 18may, on behalf of the state, bring an action in any court of competent jurisdiction for
19the recovery of forfeitures authorized under sub. (4), for temporary or permanent
20injunctive relief and for any other appropriate relief. The court may make any order
21or judgment that is necessary to restore to any person any pecuniary loss suffered
22because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
23court.
AB1-ASA1-CA1,258,3
1100.46
(1) Energy conservation standards. The department
of justice may by
2rule adopt energy conservation standards for products that have been established in
3or promulgated under
42 USC 6291 to
6309.
AB1-ASA1-CA1,258,95
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
6or cause to be installed any product that is not in compliance with rules promulgated
7under sub. (1). In addition to other penalties and enforcement procedures, the
8department
of justice may apply to a court for a temporary or permanent injunction
9restraining any person from violating a rule adopted under sub. (1).
AB1-ASA1-CA1,258,1311
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
12department
of justice may seek an injunction restraining any person from violating
13this section.
AB1-ASA1-CA1,258,1715
100.50
(6) (c) The department
of justice, or any district attorney upon the
16request of the department
of justice, may commence an action in the name of the
17state under par. (a) or (b).
AB1-ASA1-CA1,258,2019
100.52
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.".
AB1-ASA1-CA1,259,7
23101.563 Payments without regard to eligibility; calendar years 2000 to
242004. (1) Entitlement to dues. (a)
Payments from calendar year 2000 dues.
1Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department
2shall pay the amount determined under sub. (2) (a) to every city, village, and town
3that was ineligible to receive a proportionate share of fire department dues collected
4for calendar year 2000 as a result of that city, village, or town failing to satisfy all
5eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the
6department that the city, village, or town was eligible under s. 101.575 (1) and (3) to
7(5) to receive a proportionate share of the fire department dues.
AB1-ASA1-CA1,259,178
(b)
Payments from dues for calendar years 2001 to 2004. Notwithstanding ss.
9101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as otherwise provided in this
10paragraph, the department may not withhold payment of a proportionate share of
11fire department dues under ss. 101.573 and 101.575 to a city, village, or town based
12upon the failure of that city, village, or town to satisfy all eligibility requirements
13under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city,
14village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate
15share of fire department dues. This paragraph applies only to the payment of a
16proportionate share of fire department dues collected for calendar years 2001 to
172004.
AB1-ASA1-CA1,260,7
18(2) Distribution of dues. (a)
Payments from calendar year 2000 dues.
19Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and
20town that is entitled to payment under sub. (1) (a) the amount to which that city,
21village, or town would have been entitled to receive on or before August 1, 2001, had
22the city, village, or town been eligible to receive a payment on that date. The
23department shall calculate the amount due under this paragraph as if every city,
24village, and town maintaining a fire department was eligible to receive a payment
25on that date. By the date on which the department provides a certification or
1recertification to the state treasurer under par. (b) 1., the department shall certify
2to the state treasurer the amount to be paid to each city, village, and town under this
3paragraph. On or before August 1, 2002, the state treasurer shall pay the amount
4certified by the department under this paragraph to each such city, village, and town.
5The state treasurer may combine any payment due under this paragraph with any
6amount due to be paid on or before August 1, 2002, to the same city, village, or town
7under par. (b) 1.
AB1-ASA1-CA1,260,258
(b)
Payments from dues for calendar years 2001 to 2004. 1. `Payments from
9calendar year 2001 dues.' Notwithstanding s. 101.575 (3) (a), by the 30th day
10following the effective date of this subdivision .... [revisor inserts date], the
11department shall compile the fire department dues paid by all insurers under s.
12601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds
13remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under
14par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid
15from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled
16to a proportionate share of fire department dues as provided under sub. (1) (b) and
17s. 101.575. If the department has previously certified an amount to the state
18treasurer under s. 101.57 (3) (a) during calendar year 2002, the department shall
19recertify the amount in the manner provided under this subdivision. On or before
20August 1, 2002, the state treasurer shall pay the amounts certified or recertified by
21the department under this subdivision to each city, village, and town entitled to a
22proportionate share of fire department dues as provided under sub. (1) and s.
23101.575. The state treasurer may combine any payment due under this subdivision
24with any amount due to be paid on or before August 1, 2002, to the same city, village,
25or town under par. (a).
AB1-ASA1-CA1,261,11
12. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s.
2101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May
31 in each year, the department shall compile the fire department dues paid by all
4insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1)
5and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state
6treasurer the proper amount to be paid from the appropriation under s. 20.143 (3)
7(L) to each city, village, and town entitled to a proportionate share of fire department
8dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1,
9the state treasurer shall pay the amounts certified by the department to each such
10city, village, and town. This paragraph applies only to payment of a proportionate
11share of fire department dues collected for calendar years 2002 to 2004.
AB1-ASA1-CA1,261,2312
3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct
13errors of the department or the commissioner of insurance. The department shall
14certify to the state treasurer the amount that must be disbursed to correct an error
15and the state treasurer shall pay the amount to the specified city, village, or town.
16The balance of the amount withheld in a calendar year under subds. 1. or 2., as
17applicable, which is not disbursed under this subdivision shall be included in the
18total compiled by the department under subd. 2. for the next calendar year, except
19that amounts withheld under subd. 2. from fire department dues collected for
20calendar year 2004 that are not disbursed under this subdivision shall be included
21in the total compiled by the department under s. 101.573 (3) (a) for the next calendar
22year. If errors in payments exceed the amount withheld, adjustments shall be made
23in the distribution for the next year.
AB1-ASA1-CA1,262,6
24(3) Notices of ineligibility and departmental audits; exceptions. Except as
25otherwise provided in this subsection and notwithstanding s. 101.575 (1) (am) and
1(4) (a) 2., the department may not issue a notice of noncompliance with regard to a
2city, village, or town that fails to satisfy all eligibility requirements under s. 101.575
3(1) and (3) to (5) and may not audit any city, village, town, or fire department for
4purposes of determining whether the city, village, town, or fire department complies
5with s. 101.575 (6) and s. 101.14 (2). This subsection does not apply after August 1,
62005.
AB1-ASA1-CA1,262,128
101.573
(4) The department shall transmit to the treasurer of each city, village
, 9and town entitled to fire department dues, a statement of the amount of dues payable
10to it
under this section, and the commissioner of insurance shall furnish to the state
11treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the
12amount paid by each.".
AB1-ASA1-CA1,262,1815
101.175
(3) (intro.) The department, in consultation with the department of
16agriculture, trade and consumer protection justice, shall establish by rule quality
17standards for local energy resource systems which do not impede development of
18innovative systems but which do:".
