AB1-SSA1-SA2,271,65
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
6department of justice.
AB1-SSA1-SA2,271,188
100.207
(6) (b) 1. The department
of justice, after consulting with the
9department of agriculture, trade and consumer protection, or any district attorney
10upon informing the department
of agriculture, trade and consumer protection, may
11commence an action in circuit court in the name of the state to restrain by temporary
12or permanent injunction any violation of this section. Injunctive relief may include
13an order directing telecommunications providers, as defined in s. 196.01 (8p), to
14discontinue telecommunications service provided to a person violating this section
15or ch. 196. Before entry of final judgment, the court may make such orders or
16judgments as may be necessary to restore to any person any pecuniary loss suffered
17because of the acts or practices involved in the action if proof of these acts or practices
18is submitted to the satisfaction of the court.
AB1-SSA1-SA2,271,2520
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
21to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
22department of justice may subpoena persons
and, require the production of books
23and other documents, and
the department of justice may request the department of
24agriculture, trade and consumer protection to exercise its authority to aid in the
25investigation of investigate alleged violations of this section.
AB1-SSA1-SA2,272,62
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
3forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
4paragraph shall be enforced by the department
of justice, after consulting with the
5department of agriculture, trade and consumer protection, or, upon informing the
6department, by the district attorney of the county where the violation occurs.
AB1-SSA1-SA2,272,128
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
9department shall form an advisory group to suggest recommendations regarding the
10content and scope of the proposed rule. The advisory group shall consist of one or
11more persons who may be affected by the proposed rule
, a representative from the
12department of justice and a representative from the public service commission.
AB1-SSA1-SA2,272,1614
100.207
(6) (em) 2. The department shall submit the recommendations under
15subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
16and to the board of agriculture, trade and consumer protection.
AB1-SSA1-SA2,272,1918
100.208
(2) (intro.) The department
of justice shall notify the public service
19commission if any of the following conditions exists:
AB1-SSA1-SA2,272,2321
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
22(3) prohibiting a telecommunications provider from engaging in an unfair trade
23practice or method of competition.
AB1-SSA1-SA2,273,5
1100.209
(3) Rules and local ordinances allowed. This section does not
2prohibit the department
of justice from promulgating a rule or from issuing an order
3consistent with its authority under this chapter that gives a subscriber greater rights
4than the rights under sub. (2) or prohibit a city, village or town from enacting an
5ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB1-SSA1-SA2,273,87
100.209
(4) (b) The department
of justice and the district attorneys of this state
8have concurrent authority to institute civil proceedings under this section.
AB1-SSA1-SA2,273,1410
100.2095
(6) (b) The department
of justice may commence an action in the
11name of the state to restrain by temporary or permanent injunction a violation of sub.
12(3), (4) or (5). Before entry of final judgment, the court may make any necessary
13orders to restore to any person any pecuniary loss suffered by the person because of
14the violation.
AB1-SSA1-SA2,273,1816
100.2095
(6) (c) The department
of justice or any district attorney may
17commence an action in the name of the state to recover a forfeiture to the state of not
18less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).".
AB1-SSA1-SA2,274,221
100.21
(2) (a) No person may make an energy savings or safety claim without
22a reasonable and currently accepted scientific basis for the claim when the claim is
23made. Making an energy savings or safety claim without a reasonable and currently
1accepted scientific basis is
also an unfair method of competition and trade practice
2prohibited under s. 100.20.
AB1-SSA1-SA2,274,54
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
5or special orders
under s. 100.20:
AB1-SSA1-SA2,274,107
100.22
(4) (b) The department
of justice may, without alleging or proving that
8no other adequate remedy at law exists, bring an action to enjoin violations of this
9section or a special order issued under this section in the circuit court for the county
10where the alleged violation occurred.
AB1-SSA1-SA2,274,1512
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
13promulgated or order issued under this section may be required to forfeit not less
14than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
15may commence an action to recover a forfeiture under this paragraph.".
AB1-SSA1-SA2,275,318
100.26
(6) The department, the department of justice, after consulting with the
19department, or any district attorney may commence an action in the name of the
20state to recover a civil forfeiture to the state of not less than $100 nor more than
21$10,000 for each violation of Any person violating an injunction issued under s.
22100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
23protection or any district attorney may commence an action in the name of the state
24to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
1for each violation. Any person violating an order issued under s. 100.20 is subject
2to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
3violation
of an order issued under s. 100.20.".
AB1-SSA1-SA2,275,8
6100.275 Mercury thermometers. (1) Except as provided in sub. (2), no
7manufacturer, wholesaler, or retailer may sell or give away a thermometer that
8contains mercury.
AB1-SSA1-SA2,275,9
9(2) Subsection (1) does not apply to any of the following:
AB1-SSA1-SA2,275,1110
(a) A mercury thermometer used for food research and development or food
11processing, including meat, dairy product, and pet food processing.
AB1-SSA1-SA2,275,1512
(b) A mercury thermometer used for the calibration of other thermometers,
13apparatus, or equipment, unless a calibration standard that does not use mercury
14is approved for that calibration by the National Institute of Standards and
15Technology.
AB1-SSA1-SA2,275,1816
(c) A mercury thermometer that is a component of an agriculture climate
17control system or industrial measurement system if the system is in use on the
18effective date of this paragraph .... [revisor inserts date].
AB1-SSA1-SA2,275,2119
(d) A mercury thermometer that is a component of an agriculture climate
20control system or industrial measurement system if a nonmercury alternative is not
21available as a component of the system.
AB1-SSA1-SA2,275,2422
(e) An electronic thermometer that includes a battery that contains mercury,
23if a person is not prohibited from selling that battery or offering that battery for sale
24under s. 100.27.
AB1-SSA1-SA2,276,2
1(f) An antique or collectible mercury thermometer, manufactured before 1998,
2on which advertising is displayed.
AB1-SSA1-SA2,276,5
3(3) Any person who violates this section may be required to forfeit not more
4than $200 for each violation. Each sale or gift of a thermometer in violation of this
5section constitutes a separate violation.".
AB1-SSA1-SA2,276,7
7"
Section 267e. 100.264 (2) (intro.) of the statutes is amended to read:
AB1-SSA1-SA2,276,158
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
9imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
10100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
11(b) or a rule promulgated under one of those sections, the person shall be subject to
12a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
13the defendant, for which the violation was imposed, was perpetrated against an
14elderly person or disabled person and if the court finds that any of the following
15factors is present:
AB1-SSA1-SA2,276,1918
100.52
(10) (a) Except as provided in par. (b), a person who violates this section
19may be required to forfeit
not less than $100
nor more than $500 for each violation.
AB1-SSA1-SA2,276,2322
100.52
(10) (b) A telephone solicitor that violates sub. (4) may be required to
23forfeit not
less than $100 nor more than
$100 $1,000 for each violation.".
AB1-SSA1-SA2,277,73
100.261
(3) (b) The state treasurer shall deposit the consumer protection
4assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
598, or an ordinance enacted under ch. 98 in the general fund and shall credit them
6to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
7(c).
AB1-SSA1-SA2,277,139
100.261
(3) (d) The state treasurer shall deposit the consumer protection
10assessment amounts imposed for a violation of this chapter, a rule promulgated
11under this chapter, or an ordinance enacted under this chapter in the general fund
12and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
13the limit under par. (e).
AB1-SSA1-SA2,277,1615
100.261
(3) (e) The amount credited to the appropriation account under s.
1620.455 (1) (g) may not exceed $185,000 in each fiscal year.
AB1-SSA1-SA2,278,4
18100.263 Recovery. In addition to other remedies available under this chapter,
19the court may award
the department the reasonable and necessary costs of
20investigation and an amount reasonably necessary to remedy the harmful effects of
21the violation and the court may award
the department of justice the reasonable and
22necessary expenses of prosecution, including attorney fees, from any person who
23violates this chapter. The
department and the department of justice amounts
24awarded under this subsection shall
deposit be deposited in the state treasury for
25deposit in the general fund
all moneys that the court awards to the department, the
1department of justice or the state under this section. Ten percent of the money
2deposited in the general fund that was awarded under this section for the costs of
3investigation and the expenses of prosecution, including attorney fees, shall be
4credited to the appropriation account under s. 20.455 (1) (gh).
AB1-SSA1-SA2,278,86
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
7department
of justice may seek an injunction restraining any person from violating
8this section.
AB1-SSA1-SA2,278,1210
100.28
(4) (c) The department
of justice, or any district attorney upon the
11request of the department
of justice, may commence an action in the name of the
12state under par. (a) or (b).
AB1-SSA1-SA2,278,1914
100.31
(4) Penalties. For any violation of this section, the department
of
15justice or a district attorney may commence an action on behalf of the state to recover
16a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
17delivery of a drug sold to a purchaser at a price in violation of this section and each
18separate day in violation of an injunction issued under this section is a separate
19offense.
AB1-SSA1-SA2,279,221
100.31
(5) Special remedies. The department
of justice or a district attorney
22may bring an action to enjoin a violation of this section without being compelled to
23allege or prove that an adequate remedy at law does not exist. An action under this
24subsection may be commenced and prosecuted by the department
of justice or a
1district attorney, in the name of the state, in a circuit court in the county where the
2offense occurred or in Dane County, notwithstanding s. 801.50.
AB1-SSA1-SA2,279,54
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
AB1-SSA1-SA2,279,107
100.38
(5) Inspection. The department
of justice shall enforce this section by
8inspection, chemical analyses or any other appropriate method and the department
9of justice may promulgate such rules as are necessary to effectively enforce this
10section.
AB1-SSA1-SA2,279,1412
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
13adulterated or misbranded. In addition to the penalties provided under sub. (7), the
14department
of justice may bring an action to enjoin violations of this section.
AB1-SSA1-SA2,279,1716
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
AB1-SSA1-SA2,279,2019
100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
20department of justice.
AB1-SSA1-SA2,279,2322
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
23department of justice.
AB1-SSA1-SA2,280,7
1100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 2may, on behalf of the state, bring an action in any court of competent jurisdiction for
3the recovery of forfeitures authorized under sub. (4), for temporary or permanent
4injunctive relief and for any other appropriate relief. The court may make any order
5or judgment that is necessary to restore to any person any pecuniary loss suffered
6because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
7court.
AB1-SSA1-SA2,280,119
100.46
(1) Energy conservation standards. The department
of justice may by
10rule adopt energy conservation standards for products that have been established in
11or promulgated under
42 USC 6291 to
6309.
AB1-SSA1-SA2,280,1713
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
14or cause to be installed any product that is not in compliance with rules promulgated
15under sub. (1). In addition to other penalties and enforcement procedures, the
16department
of justice may apply to a court for a temporary or permanent injunction
17restraining any person from violating a rule adopted under sub. (1).
