5 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
6imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
7100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10)
8(b)
or a rule promulgated under one of those sections, the person shall be subject to
9a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
10the defendant, for which the violation was imposed, was perpetrated against an
11elderly person or disabled person and if the court finds that any of the following
12factors is present:".
131016. Page 890, line 16: after that line insert:
14" Section 2430b. 100.30 (2) (a) of the statutes is repealed.
15Section 2430d. 100.30 (2) (am) 1m. of the statutes is repealed.
16Section 2430f. 100.30 (2) (b) of the statutes is amended to read:
17 100.30 (2) (b) "Cost to retailer" and "cost to wholesaler" as defined in pars. (am)
18and (c) mean bona fide costs; and purchases made by retailers, or wholesalers,
19wholesalers of motor vehicle fuel and refiners at prices which that cannot be justified
20by prevailing market conditions within this state shall not be used in determining
21cost to the retailer and cost to the wholesaler. Prices at which purchases of
22merchandise other than motor vehicle fuel are made by retailers or wholesalers
23cannot be justified by prevailing market conditions in this state when they are below
24the lowest prices at which the manufacturer or producer of such merchandise sells

1to other retailers or wholesalers in this state. Prices at which sales of motor vehicle
2fuel are made by retailers, wholesalers, wholesalers of motor vehicle fuel and refiners
3cannot be justified by prevailing market conditions in this state when they are below
4the applicable cost to retailers and cost to wholesalers specified under pars. (am) and
5(c).
6Section 2430g. 100.30 (2) (c) 1g. of the statutes is repealed.
7Section 2430j. 100.30 (2) (c) 1r. of the statutes is repealed.
8Section 2430k. 100.30 (2) (cg) of the statutes is repealed.
9Section 2430kb. 100.30 (2) (cj) of the statutes is amended to read:
10 100.30 (2) (cj) "Existing price of a competitor" means a price being
11simultaneously offered to a buyer for merchandise of like quality and quantity by a
12person who is a direct competitor of the retailer, or wholesaler, wholesaler of motor
13vehicle fuel or refiner
and from whom the buyer can practicably purchase the
14merchandise.
15Section 2430kd. 100.30 (2) (cL) of the statutes is repealed.
16Section 2430kf. 100.30 (2) (cm) of the statutes is repealed.
17Section 2430kh. 100.30 (2) (d) of the statutes is amended to read:
18 100.30 (2) (d) "Replacement cost" means the cost computed as specified in par.
19(am) or (c) at which the merchandise sold could have been bought by the retailer, or
20wholesaler or wholesaler of motor vehicle fuel at any time if bought in the same
21quantity as the retailer's, or wholesaler's or wholesaler of motor vehicle fuel's last
22purchase of the said merchandise.
23Section 2430kj. 100.30 (2) (e) of the statutes is amended to read:
24 100.30 (2) (e) "Retailer" includes every person engaged in the business of
25making sales at retail within this state, other than sales of motor vehicle fuel, but,

1in the case of a person engaged in the business of selling both at retail and at
2wholesale, such term shall be applied only to the retail portion of such business.
3Section 2430kL. 100.30 (2) (g) of the statutes is amended to read:
4 100.30 (2) (g) "Sell",," "sale" or "sold" includes any advertising or offer to sell
5or any transfer of merchandise where title is retained by the retailer , or wholesaler,
6wholesaler of motor vehicle fuel or refiner
as security for the payment of the purchase
7price. In determining the selling price of merchandise by wholesalers , wholesalers
8of motor vehicle fuel,
and retailers and refiners under this section, all fractions of a
9cent shall be carried to the next full cent.
10Section 2430km. 100.30 (2) (j) of the statutes is repealed.
11Section 2430kn. 100.30 (2) (m) of the statutes is repealed.
12Section 2430ko. 100.30 (2m) (a) of the statutes is amended to read:
13 100.30 (2m) (a) When one or more items of merchandise , other than motor
14vehicle fuel,
are furnished or sold in combination with or on condition of the purchase
15of one or more other items, or are so advertised, all items shall be included in
16determining cost under sub. (2) (am) or (c); and if any of the items included therein
17are separately priced, such separate price shall be subject to the requirements of this
18section.
19Section 2430kp. 100.30 (2m) (c) of the statutes is repealed.
20Section 2430ks. 100.30 (3) of the statutes is amended to read:
21 100.30 (3) Illegality of loss leaders. Any sale of any item of merchandise
22either, other than motor vehicle fuel, by a retailer, or wholesaler, wholesaler of motor
23vehicle fuel or refiner,
at less than cost as defined in this section with the intent or
24effect of inducing the purchase of other merchandise or of unfairly diverting trade
25from a competitor, impairs and prevents fair competition, injures public welfare and

1is unfair competition and contrary to public policy and the policy of this section. Such
2sales are prohibited. Evidence of any sale of any item of merchandise , other than
3motor vehicle fuel,
by any retailer, or wholesaler, wholesaler of motor vehicle fuel or
4refiner
at less than cost as defined in this section shall be prima facie evidence of
5intent or effect to induce the purchase of other merchandise, or to unfairly divert
6trade from a competitor, or to otherwise injure a competitor.
7Section 2430kt. 100.30 (5) (a) of the statutes is amended to read:
8 100.30 (5) (a) The department may issue a special order as provided in s. 93.18
9against a retailer, or wholesaler , wholesaler of motor vehicle fuel or refiner requiring
10the person to cease and desist from violating this section in the sale of cigarettes or
11other tobacco products, or fermented malt beverages, intoxicating liquor or wine or
12motor vehicle fuel
. The department or a district attorney may commence an action
13on behalf of the state against a retailer, or wholesaler, wholesaler of motor vehicle
14fuel or refiner
who violates a special order issued under this paragraph to recover a
15forfeiture of not less than $200 nor more than $5,000 for each violation.
16Section 2430kv. 100.30 (5m) of the statutes is repealed.
17Section 2430kx. 100.30 (6) (a) 7. of the statutes is amended to read:
18 100.30 (6) (a) 7. The price of merchandise is made in good faith to meet an
19existing price of a competitor and is based on evidence in the possession of the
20retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner in the form of an
21advertisement, proof of sale or receipted purchase, price survey or other business
22record maintained by the retailer, or wholesaler, wholesaler of motor vehicle fuel or
23refiner
in the ordinary course of trade or the usual conduct of business.
24Section 2430m. 100.30 (6) (a) 9. of the statutes is repealed.
25Section 2430n. 100.30 (7) of the statutes is repealed.".

11017. Page 890, line 16: after that line insert:
2" Section 2430L. 100.30 (5r) of the statutes is created to read:
3 100.30 (5r) Private cause of action; sale of tobacco products. Any person
4who is injured or threatened with injury as a result of a sale or purchase of cigarettes
5or other tobacco products in violation of this section may bring an action against the
6person who violated this section for temporary or permanent injunctive relief or an
7action against the person for 3 times the amount of any monetary loss sustained or
8an amount equal to $2,000, whichever is greater, multiplied by each day of continued
9violation, together with costs, including accounting fees and reasonable attorney
10fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may
11bring the action on behalf of the person injured or threatened with injury and be
12entitled to the same relief as the person injured or threatened with injury.".
131018. Page 890, line 16: after that line insert:
14" Section 2427b. 100.261 (3) (d) of the statutes is created to read:
15 100.261 (3) (d) The state treasurer shall deposit the consumer protection
16assessment amounts imposed for a violation of this chapter, a rule promulgated
17under this chapter, or an ordinance enacted under this chapter in the general fund
18and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
19the limit under par. (e).
20Section 2427d. 100.261 (3) (e) of the statutes is created to read:
21 100.261 (3) (e) The amount credited to the appropriation account under s.
2220.455 (1) (g) may not exceed $185,000 in each fiscal year.".
231019. Page 890, line 16: after that line insert:
24" Section 2428m. 100.263 of the statutes is amended to read:

1100.263 Recovery. In addition to other remedies available under this chapter,
2the court may award the department the reasonable and necessary costs of
3investigation and an amount reasonably necessary to remedy the harmful effects of
4the violation and the court may award the department of justice the reasonable and
5necessary expenses of prosecution, including attorney fees, from any person who
6violates this chapter. The department and the department of justice amounts
7awarded under this subsection
shall deposit be deposited in the state treasury for
8deposit in the general fund all moneys that the court awards to the department, the
9department of justice or the state under this section
. Ten percent of the money
10deposited in the general fund that was awarded under this section for the costs of
11investigation and the expenses of prosecution, including attorney fees, shall be
12credited to the appropriation account under s. 20.455 (1) (gh).
13Section 2429g. 100.28 (4) (b) of the statutes is amended to read:
14 100.28 (4) (b) In lieu of or in addition to forfeitures under par. (a), the
15department of justice may seek an injunction restraining any person from violating
16this section.
17Section 2429m. 100.28 (4) (c) of the statutes is amended to read:
18 100.28 (4) (c) The department of justice, or any district attorney upon the
19request of the department of justice, may commence an action in the name of the
20state under par. (a) or (b).
21Section 2430c. 100.31 (4) of the statutes is amended to read:
22 100.31 (4) Penalties. For any violation of this section, the department of
23justice
or a district attorney may commence an action on behalf of the state to recover
24a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
25delivery of a drug sold to a purchaser at a price in violation of this section and each

1separate day in violation of an injunction issued under this section is a separate
2offense.
3Section 2430f. 100.31 (5) of the statutes is amended to read:
4 100.31 (5) Special remedies. The department of justice or a district attorney
5may bring an action to enjoin a violation of this section without being compelled to
6allege or prove that an adequate remedy at law does not exist. An action under this
7subsection may be commenced and prosecuted by the department of justice or a
8district attorney, in the name of the state, in a circuit court in the county where the
9offense occurred or in Dane County, notwithstanding s. 801.50.
10Section 2430h. 100.37 (1) (am) of the statutes is created to read:
11 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
13Section 2432g. 100.38 (5) of the statutes is amended to read:
14 100.38 (5) Inspection. The department of justice shall enforce this section by
15inspection, chemical analyses or any other appropriate method and the department
16of justice may promulgate such rules as are necessary to effectively enforce this
17section.
18Section 2432j. 100.38 (6) of the statutes is amended to read:
19 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is
20adulterated or misbranded. In addition to the penalties provided under sub. (7), the
21department of justice may bring an action to enjoin violations of this section.
22Section 2432m. 100.41 (1) (bn) of the statutes is created to read:
23 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the
24department of justice.
25Section 2432p. 100.42 (1) (cm) of the statutes is created to read:

1100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the
2department of justice.
3Section 2433g. 100.43 (1) (am) of the statutes is created to read:
4 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
6Section 2433m. 100.44 (5) of the statutes is amended to read:
7 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice
8may, on behalf of the state, bring an action in any court of competent jurisdiction for
9the recovery of forfeitures authorized under sub. (4), for temporary or permanent
10injunctive relief and for any other appropriate relief. The court may make any order
11or judgment that is necessary to restore to any person any pecuniary loss suffered
12because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
13court.".
141020. Page 890, line 17: delete lines 17 to 25.
151021. Page 890, line 25: after that line insert:
16" Section 2435. 100.52 (title) of the statutes is created to read:
17100.52 (title) Telephone solicitations.
18Section 2436. 100.52 (1) (title) of the statutes is created to read:
19 100.52 (1) (title) Definitions.
20Section 2437b. 100.52 (1) (a) of the statutes is created to read:
21 100.52 (1) (a) "Affiliate," when used in relation to any person, means another
22person who owns or controls, is owned or controlled by, or is under common
23ownership or control with such person.
24Section 2438b. 100.52 (1) (b) of the statutes is created to read:

1100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
2Section 2439b. 100.52 (1) (c) of the statutes is created to read:
3 100.52 (1) (c) "Nonprofit organization" means a corporation, association, or
4organization described in section 501 (c) (3), (4), (5), or (19) of the Internal Revenue
5Code that is exempt from taxation under section 501 (a) of the Internal Revenue
6Code.
7Section 2440b. 100.52 (1) (d) of the statutes is created to read:
8 100.52 (1) (d) "Nonresidential customer" means a person, other than a
9residential customer, who is furnished with telecommunications service by a
10telecommunications utility.
11Section 2440d. 100.52 (1) (e) of the statutes is created to read:
12 100.52 (1) (e) "Nonsolicitation directory" means the directory established in
13rules promulgated by the department under sub. (2) (b).
14Section 2440f. 100.52 (1) (f) of the statutes is created to read:
15 100.52 (1) (f) "Residential customer" means an individual who is furnished
16with basic local exchange service by a telecommunications utility, but does not
17include an individual who operates a business at his or her residence.
18Section 2440h. 100.52 (1) (g) of the statutes is created to read:
19 100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01
20(9m).
21Section 2440j. 100.52 (1) (h) of the statutes is created to read:
22 100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01
23(10).
24Section 2440L. 100.52 (1) (j) of the statutes is created to read:
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