SB55-SSA1-SA2,333,1410
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
11100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.206, 100.208,
12100.21, 100.22, 100.235, 100.265, 100.27, 100.285 to 100.297, 100.30, 100.33 to
13100.36, 100.45, 100.47, 100.48, and 100.51 and to enforce ss. 100.206, 100.21, 100.30,
14and 100.51.
SB55-SSA1-SA2,333,1716
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
1788 and 93 to 100 and all other laws entrusted to its administration, and especially:
SB55-SSA1-SA2,333,2018
(a) To enforce the laws
administered by the department regarding the
19production, manufacture and sale, offering or exposing for sale or having in
20possession with intent to sell, of any dairy, food or drug product.
SB55-SSA1-SA2,333,2221
(b) To enforce the laws
administered by the department regarding the
22adulteration or misbranding of any articles of food, drink, condiment or drug.
SB55-SSA1-SA2,334,3
23(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
24of food, drink, condiment or drug made or offered for sale within this state which it
1may suspect or have reason to believe
, under the laws administered by the
2department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
3in any way unlawful.
SB55-SSA1-SA2,334,84
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
5department, any person engaged in the manufacture or sale, offering or exposing for
6sale or having in possession with intent to sell, of any adulterated dairy product or
7of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
8of food, drink, condiment or drug.
SB55-SSA1-SA2,334,2110
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
11to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
12product or related material ceased, shall give written notice of its finding to the
13manufacturer, seller or other person responsible for placing the item in the channels
14of trade in this state. After such notice no person may sell, remove or otherwise
15dispose of such item except as directed by the department. Any person affected by
16such notice may demand a prompt hearing to determine the validity of the
17department's findings. The hearing, if requested, shall be held as expeditiously as
18possible but not later than 30 days after notice. A request for hearing does not
19operate to stay enforcement of the order during the pendency of the hearing. The
20person petitioning for a hearing shall be entitled to the same rights specified under
21sub. (2).
SB55-SSA1-SA2,334,2523
93.18
(7) The department of justice shall follow the procedures under subs. (1),
24(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
25department of justice.
SB55-SSA1-SA2,335,52
93.20
(1) Definition. In this section, "action" means an action that is
3commenced in court by, or on behalf of, the department of agriculture, trade and
4consumer protection to enforce chs. 88, 91 to 100 or 127
or an action that is
5commenced in court by the department of justice to enforce ch. 100.
SB55-SSA1-SA2,335,87
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
8100.30, and 100.51, the department may be represented by its attorney.
SB55-SSA1-SA2,335,1310
93.22
(2) The department may, with the approval of the governor, appoint
11special counsel to prosecute or assist in the prosecution of any case arising under chs.
1288 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
13special counsel shall be charged to the appropriation for the department.".
SB55-SSA1-SA2,335,2318
94.73
(3m) (r) The cost of providing alternative sources of drinking water,
19except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible
20person who applies for reimbursement a total of not more than
$20,000 $50,000 for
21the replacement
or restoration of private wells
or for connection to a public or private
22water source if the department or the department of natural resources orders the
23well replacement
or restoration or the connection in response to a discharge.".
SB55-SSA1-SA2,336,42
100.07
(6) Action Upon request of the department, an action to enjoin violation
3of this section may be commenced and prosecuted by the department
of justice in the
4name of the state in any court having equity jurisdiction.
SB55-SSA1-SA2,336,106
100.171
(7) (b) Whoever intentionally violates this section may be fined not
7more than $10,000 or imprisoned for not more than 3 years or both. A person
8intentionally violates this section if the violation occurs after the department
of
9justice or a district attorney has notified the person by certified mail that the person
10is in violation of this section.
SB55-SSA1-SA2,336,1412
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
13violations of this section. The department
of justice or any district attorney may on
14behalf of the state:
SB55-SSA1-SA2,336,1816
100.173
(4) (intro.) The department
of justice shall investigate violations of this
17section. The department
of justice, or any district attorney upon informing the
18department
of justice, may, on behalf of the state, do any of the following:
SB55-SSA1-SA2,337,220
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
21any court of competent jurisdiction for any violation of this section. The relief sought
22by the department
of justice or district attorney may include the payment by a
23promoter into an escrow account of an amount estimated to be sufficient to pay for
24ticket refunds. The court may, upon entry of final judgment, award restitution when
1appropriate to any person suffering loss because of violations of this section if proof
2of such loss is submitted to the satisfaction of the court.
SB55-SSA1-SA2,337,54
100.174
(5) (intro). The department
of justice or any district attorney may on
5behalf of the state:
SB55-SSA1-SA2,337,87
100.174
(6) The department
of justice shall investigate violations of and
8enforce this section.
SB55-SSA1-SA2,337,1510
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
11pay more than $100 for dating services before the buyer receives or has the
12opportunity to receive those services unless the person selling dating services
13establishes proof of financial responsibility by maintaining any of the following
14commitments approved by the department
of justice in an amount not less than
15$25,000:
SB55-SSA1-SA2,337,2217
100.175
(5) (b) The commitment described in par. (a) shall be established in
18favor of or made payable to the state, for the benefit of any buyer who does not receive
19a refund under the contractual provision described in sub. (3). The person selling
20dating services shall file with the department
of justice any agreement, instrument
21or other document necessary to enforce the commitment against the person selling
22dating services or any relevant 3rd party, or both.
SB55-SSA1-SA2,337,2524
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
25on behalf of the state:
SB55-SSA1-SA2,338,52
100.175
(7) (b) The department
of justice may bring an action in circuit court
3to recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).
SB55-SSA1-SA2,338,87
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
8department of justice.
SB55-SSA1-SA2,338,1110
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
11department of
health and family services justice.
SB55-SSA1-SA2,338,1713
100.18
(11) (a) The department of
agriculture, trade and consumer protection 14justice shall enforce this section. Actions to enjoin violation of this section or any
15regulations thereunder may be commenced and prosecuted by the department
of
16justice in the name of the state in any court having equity jurisdiction. This remedy
17is not exclusive.
SB55-SSA1-SA2,338,2319
100.18
(11) (b) 3. No action may be commenced under this section more than
203 years after the occurrence of the unlawful act or practice which is the subject of the
21action. No injunction may be issued under this section which would conflict with
22general or special orders of the department
of justice or any statute, rule or
23regulation of the United States or of this state.
SB55-SSA1-SA2,339,9
1100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.
SB55-SSA1-SA2,339,1311
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.
SB55-SSA1-SA2,339,1815
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.
SB55-SSA1-SA2,339,2420
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department
of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.
SB55-SSA1-SA2,340,11
1100.18
(11) (d) The
department or the department of justice
, after consulting
2with the department, or any district attorney, upon informing the department
of
3justice, may commence an action in circuit court in the name of the state to restrain
4by temporary or permanent injunction any violation of this section. The court may
5in its discretion, prior to entry of final judgment, make such orders or judgments as
6may be necessary to restore to any person any pecuniary loss suffered because of the
7acts or practices involved in the action, provided proof thereof is submitted to the
8satisfaction of the court. The
department and the department of justice may
9subpoena persons and require the production of books and other documents
, and t
he
10department of justice may request the department to exercise its authority under
11par. (c) to aid in the investigation of alleged violations of this section.
SB55-SSA1-SA2,340,2213
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
14section,
the department or the department of justice may accept a written assurance
15of discontinuance of any act or practice alleged to be a violation of this section from
16the person who has engaged in such act or practice. The acceptance of such assurance
17by
either the department or the department of justice shall be deemed acceptance by
18the other state officials enumerated in par. (d)
any district attorney if the terms of
19the assurance so provide. An assurance entered into pursuant to this section shall
20not be considered evidence of a violation of this section, provided that violation of
21such an assurance shall be treated as a violation of this section, and shall be
22subjected to all the penalties and remedies provided therefor.
SB55-SSA1-SA2,341,424
100.182
(5) (a) Any district attorney, after informing the department
of justice,
25or the department
of justice may seek a temporary or permanent injunction in circuit
1court to restrain any violation of this section. Prior to entering a final judgment the
2court may award damages to any person suffering monetary loss because of a
3violation. The department
of justice may subpoena any person or require the
4production of any document to aid in investigating alleged violations of this section.
SB55-SSA1-SA2,341,126
100.182
(5) (b) In lieu of instituting or continuing an action under this
7subsection, the department
of justice may accept a written assurance from a violator
8of this section that the violation has ceased. If the terms of the assurance so provide,
9its acceptance by the department
of justice prevents all district attorneys from
10prosecuting the violation. An assurance is not evidence of a violation of this section
11but violation of an assurance is subject to the penalties and remedies of violating this
12section.
SB55-SSA1-SA2,341,1914
100.20
(2) (a) The department
of justice, after public hearing, may issue
15general orders forbidding methods of competition in business or trade practices in
16business which are determined by the department
of justice to be unfair. The
17department
of justice, after public hearing, may issue general orders prescribing
18methods of competition in business or trade practices in business which are
19determined by the department
of justice to be fair.".
SB55-SSA1-SA2,342,7
1100.20
(3) The department
of justice, after public hearing, may issue a special
2order against any person, enjoining such person from employing any method of
3competition in business or trade practice in business which is determined by the
4department
of justice to be unfair or from providing service in violation of sub. (1t).
5The department
of justice, after public hearing, may issue a special order against any
6person, requiring such person to employ the method of competition in business or
7trade practice in business which is determined by the department
of justice to be fair.
SB55-SSA1-SA2,342,179
100.20
(4) The If the department of justice
may file a written complaint with
10the department alleging that the has reason to believe that a person
named is
11employing unfair methods of competition in business or unfair trade practices in
12business or both
. Whenever such a complaint is filed
, it shall be the duty of the
13department
of justice to proceed, after proper notice and in accordance with its rules,
14to the hearing and adjudication of the
matters alleged, and a representative of the
15department of justice designated by the attorney general may appear before the
16department in such proceedings. The department of justice shall be entitled to
17judicial review of the decisions and orders of the department under ch. 227 matter.
SB55-SSA1-SA2,343,219
100.20
(6) The department
of justice may commence an action in circuit court
20in the name of the state to restrain by temporary or permanent injunction the
21violation of any order issued under this section. The court may in its discretion, prior
22to entry of final judgment make such orders or judgments as may be necessary to
23restore to any person any pecuniary loss suffered because of the acts or practices
24involved in the action, provided proof thereof is submitted to the satisfaction of the
1court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 2investigate violations of any order issued under this section.
SB55-SSA1-SA2,343,74
100.201
(6) (d) The failure to pay fees under this subsection within the time
5provided under par. (c) is a violation of this section. The department
of justice may
6also commence an action to recover the amount of any overdue fees plus interest at
7the rate of 2% per month for each month that the fees are delinquent.
SB55-SSA1-SA2,343,159
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
10acts or omissions which take place in whole or in part outside this state. In any action
11or administrative proceeding the department
of justice has jurisdiction of the person
12served under s. 801.11 when any act or omission outside this state by the defendant
13or respondent results in local injury or may have the effect of injuring competition
14or a competitor in this state or unfairly diverts trade or business from a competitor,
15if at the time:
SB55-SSA1-SA2,343,2417
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
18issue a special order against any person requiring such person to cease and desist
19from acts, practices or omissions determined by the department to violate this
20section. Such orders shall be subject to judicial review under ch. 227. Any violation
21of a special order issued hereunder shall be punishable as a contempt under ch. 785
22in the manner provided for disobedience of a lawful order of a court, upon the filing
23of an affidavit by the department
of justice of the commission of such violation in any
24court of record in the county where the violation occurred.
