Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,349,12 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10) (b) or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:".

SB55-SSA1-SA2,349,13 1016. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,349,14 " Section 2430b. 100.30 (2) (a) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430d Section 2430d. 100.30 (2) (am) 1m. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430f Section 2430f. 100.30 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,350,5 100.30 (2) (b) "Cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) mean bona fide costs; and purchases made by retailers, or wholesalers, wholesalers of motor vehicle fuel and refiners at prices which that cannot be justified by prevailing market conditions within this state shall not be used in determining cost to the retailer and cost to the wholesaler. Prices at which purchases of merchandise other than motor vehicle fuel are made by retailers or wholesalers cannot be justified by prevailing market conditions in this state when they are below the lowest prices at which the manufacturer or producer of such merchandise sells to other retailers or wholesalers in this state. Prices at which sales of motor vehicle fuel are made by retailers, wholesalers, wholesalers of motor vehicle fuel and refiners cannot be justified by prevailing market conditions in this state when they are below the applicable cost to retailers and cost to wholesalers specified under pars. (am) and (c).

SB55-SSA1-SA2, s. 2430g Section 2430g. 100.30 (2) (c) 1g. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430j Section 2430j. 100.30 (2) (c) 1r. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430k Section 2430k. 100.30 (2) (cg) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kb Section 2430kb. 100.30 (2) (cj) of the statutes is amended to read:

SB55-SSA1-SA2,350,14 100.30 (2) (cj) "Existing price of a competitor" means a price being simultaneously offered to a buyer for merchandise of like quality and quantity by a person who is a direct competitor of the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner and from whom the buyer can practicably purchase the merchandise.

SB55-SSA1-SA2, s. 2430kd Section 2430kd. 100.30 (2) (cL) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kf Section 2430kf. 100.30 (2) (cm) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kh Section 2430kh. 100.30 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,350,22 100.30 (2) (d) "Replacement cost" means the cost computed as specified in par. (am) or (c) at which the merchandise sold could have been bought by the retailer, or wholesaler or wholesaler of motor vehicle fuel at any time if bought in the same quantity as the retailer's, or wholesaler's or wholesaler of motor vehicle fuel's last purchase of the said merchandise.

SB55-SSA1-SA2, s. 2430kj Section 2430kj. 100.30 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,351,2 100.30 (2) (e) "Retailer" includes every person engaged in the business of making sales at retail within this state, other than sales of motor vehicle fuel, but, in the case of a person engaged in the business of selling both at retail and at wholesale, such term shall be applied only to the retail portion of such business.

SB55-SSA1-SA2, s. 2430kL Section 2430kL. 100.30 (2) (g) of the statutes is amended to read:

SB55-SSA1-SA2,351,9 100.30 (2) (g) "Sell",," "sale" or "sold" includes any advertising or offer to sell or any transfer of merchandise where title is retained by the retailer , or wholesaler, wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase price. In determining the selling price of merchandise by wholesalers , wholesalers of motor vehicle fuel, and retailers and refiners under this section, all fractions of a cent shall be carried to the next full cent.

SB55-SSA1-SA2, s. 2430km Section 2430km. 100.30 (2) (j) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kn Section 2430kn. 100.30 (2) (m) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430ko Section 2430ko. 100.30 (2m) (a) of the statutes is amended to read:

SB55-SSA1-SA2,351,18 100.30 (2m) (a) When one or more items of merchandise , other than motor vehicle fuel, are furnished or sold in combination with or on condition of the purchase of one or more other items, or are so advertised, all items shall be included in determining cost under sub. (2) (am) or (c); and if any of the items included therein are separately priced, such separate price shall be subject to the requirements of this section.

SB55-SSA1-SA2, s. 2430kp Section 2430kp. 100.30 (2m) (c) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430ks Section 2430ks. 100.30 (3) of the statutes is amended to read:

SB55-SSA1-SA2,352,6 100.30 (3) Illegality of loss leaders. Any sale of any item of merchandise either, other than motor vehicle fuel, by a retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner, at less than cost as defined in this section with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor, impairs and prevents fair competition, injures public welfare and is unfair competition and contrary to public policy and the policy of this section. Such sales are prohibited. Evidence of any sale of any item of merchandise , other than motor vehicle fuel, by any retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner at less than cost as defined in this section shall be prima facie evidence of intent or effect to induce the purchase of other merchandise, or to unfairly divert trade from a competitor, or to otherwise injure a competitor.

SB55-SSA1-SA2, s. 2430kt Section 2430kt. 100.30 (5) (a) of the statutes is amended to read:

SB55-SSA1-SA2,352,15 100.30 (5) (a) The department may issue a special order as provided in s. 93.18 against a retailer, or wholesaler , wholesaler of motor vehicle fuel or refiner requiring the person to cease and desist from violating this section in the sale of cigarettes or other tobacco products, or fermented malt beverages, intoxicating liquor or wine or motor vehicle fuel. The department or a district attorney may commence an action on behalf of the state against a retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner who violates a special order issued under this paragraph to recover a forfeiture of not less than $200 nor more than $5,000 for each violation.

SB55-SSA1-SA2, s. 2430kv Section 2430kv. 100.30 (5m) of the statutes is repealed.

SB55-SSA1-SA2, s. 2430kx Section 2430kx. 100.30 (6) (a) 7. of the statutes is amended to read:

SB55-SSA1-SA2,352,23 100.30 (6) (a) 7. The price of merchandise is made in good faith to meet an existing price of a competitor and is based on evidence in the possession of the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner in the form of an advertisement, proof of sale or receipted purchase, price survey or other business record maintained by the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner in the ordinary course of trade or the usual conduct of business.

SB55-SSA1-SA2, s. 2430m Section 2430m. 100.30 (6) (a) 9. of the statutes is repealed.

SB55-SSA1-SA2, s. 2430n Section 2430n. 100.30 (7) of the statutes is repealed.".

SB55-SSA1-SA2,353,1 1017. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,353,2 " Section 2430L. 100.30 (5r) of the statutes is created to read:

SB55-SSA1-SA2,353,12 100.30 (5r) Private cause of action; sale of tobacco products. Any person who is injured or threatened with injury as a result of a sale or purchase of cigarettes or other tobacco products in violation of this section may bring an action against the person who violated this section for temporary or permanent injunctive relief or an action against the person for 3 times the amount of any monetary loss sustained or an amount equal to $2,000, whichever is greater, multiplied by each day of continued violation, together with costs, including accounting fees and reasonable attorney fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may bring the action on behalf of the person injured or threatened with injury and be entitled to the same relief as the person injured or threatened with injury.".

SB55-SSA1-SA2,353,13 1018. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,353,14 " Section 2427b. 100.261 (3) (d) of the statutes is created to read:

SB55-SSA1-SA2,353,19 100.261 (3) (d) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of this chapter, a rule promulgated under this chapter, or an ordinance enacted under this chapter in the general fund and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to the limit under par. (e).

SB55-SSA1-SA2, s. 2427d Section 2427d. 100.261 (3) (e) of the statutes is created to read:

SB55-SSA1-SA2,353,22 100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $185,000 in each fiscal year.".

SB55-SSA1-SA2,353,23 1019. Page 890, line 16: after that line insert:

SB55-SSA1-SA2,353,24 " Section 2428m. 100.263 of the statutes is amended to read:

SB55-SSA1-SA2,354,12 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice amounts awarded under this subsection shall deposit be deposited in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB55-SSA1-SA2, s. 2429g Section 2429g. 100.28 (4) (b) of the statutes is amended to read:

SB55-SSA1-SA2,354,16 100.28 (4) (b) In lieu of or in addition to forfeitures under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB55-SSA1-SA2, s. 2429m Section 2429m. 100.28 (4) (c) of the statutes is amended to read:

SB55-SSA1-SA2,354,20 100.28 (4) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

SB55-SSA1-SA2, s. 2430c Section 2430c. 100.31 (4) of the statutes is amended to read:

SB55-SSA1-SA2,355,2 100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

SB55-SSA1-SA2, s. 2430f Section 2430f. 100.31 (5) of the statutes is amended to read:

SB55-SSA1-SA2,355,9 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

SB55-SSA1-SA2, s. 2430h Section 2430h. 100.37 (1) (am) of the statutes is created to read:

SB55-SSA1-SA2,355,12 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB55-SSA1-SA2, s. 2432g Section 2432g. 100.38 (5) of the statutes is amended to read:

SB55-SSA1-SA2,355,17 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

SB55-SSA1-SA2, s. 2432j Section 2432j. 100.38 (6) of the statutes is amended to read:

SB55-SSA1-SA2,355,21 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

SB55-SSA1-SA2, s. 2432m Section 2432m. 100.41 (1) (bn) of the statutes is created to read:

SB55-SSA1-SA2,355,24 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB55-SSA1-SA2, s. 2432p Section 2432p. 100.42 (1) (cm) of the statutes is created to read:

SB55-SSA1-SA2,356,2 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB55-SSA1-SA2, s. 2433g Section 2433g. 100.43 (1) (am) of the statutes is created to read:

SB55-SSA1-SA2,356,5 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB55-SSA1-SA2, s. 2433m Section 2433m. 100.44 (5) of the statutes is amended to read:

SB55-SSA1-SA2,356,13 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.".

SB55-SSA1-SA2,356,14 1020. Page 890, line 17: delete lines 17 to 25.

SB55-SSA1-SA2,356,15 1021. Page 890, line 25: after that line insert:

SB55-SSA1-SA2,356,16 " Section 2435. 100.52 (title) of the statutes is created to read:

SB55-SSA1-SA2,356,17 100.52 (title) Telephone solicitations.

SB55-SSA1-SA2, s. 2436 Section 2436. 100.52 (1) (title) of the statutes is created to read:

SB55-SSA1-SA2,356,19 100.52 (1) (title) Definitions.

SB55-SSA1-SA2, s. 2437b Section 2437b. 100.52 (1) (a) of the statutes is created to read:

SB55-SSA1-SA2,356,23 100.52 (1) (a) "Affiliate," when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.

SB55-SSA1-SA2, s. 2438b Section 2438b. 100.52 (1) (b) of the statutes is created to read:

SB55-SSA1-SA2,357,1 100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).

SB55-SSA1-SA2, s. 2439b Section 2439b. 100.52 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,357,6 100.52 (1) (c) "Nonprofit organization" means a corporation, association, or organization described in section 501 (c) (3), (4), (5), or (19) of the Internal Revenue Code that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

SB55-SSA1-SA2, s. 2440b Section 2440b. 100.52 (1) (d) of the statutes is created to read:

SB55-SSA1-SA2,357,10 100.52 (1) (d) "Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.

SB55-SSA1-SA2, s. 2440d Section 2440d. 100.52 (1) (e) of the statutes is created to read:

SB55-SSA1-SA2,357,13 100.52 (1) (e) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).

SB55-SSA1-SA2, s. 2440f Section 2440f. 100.52 (1) (f) of the statutes is created to read:

SB55-SSA1-SA2,357,17 100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

SB55-SSA1-SA2, s. 2440h Section 2440h. 100.52 (1) (g) of the statutes is created to read:

SB55-SSA1-SA2,357,20 100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).

SB55-SSA1-SA2, s. 2440j Section 2440j. 100.52 (1) (h) of the statutes is created to read:

SB55-SSA1-SA2,357,23 100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01 (10).

SB55-SSA1-SA2, s. 2440L Section 2440L. 100.52 (1) (j) of the statutes is created to read: