SB44-SSA1-SA113,14,424
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.
SB44-SSA1-SA113,14,126
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.
SB44-SSA1-SA113,14,1914
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.
SB44-SSA1-SA113,14,2521
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
22any order or promulgate any rule that regulates the provision of water or sewer
23service by a manufactured home park operator, as defined in s. 101.91 (8), or
24manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
25to the extent that the rule regulates the provision of such water or sewer service.
SB44-SSA1-SA113,15,82
100.20
(3) The department
of justice, after public hearing, may issue a special
3order against any person, enjoining such person from employing any method of
4competition in business or trade practice in business which is determined by the
5department
of justice to be unfair or from providing service in violation of sub. (1t).
6The department
of justice, after public hearing, may issue a special order against any
7person, requiring such person to employ the method of competition in business or
8trade practice in business which is determined by the department
of justice to be fair.
SB44-SSA1-SA113,15,1810
100.20
(4) The If the department of justice
may file a written complaint with
11the department alleging that the has reason to believe that a person
named is
12employing unfair methods of competition in business or unfair trade practices in
13business or both
. Whenever such a complaint is filed
, it shall be the duty of the
14department
of justice to proceed, after proper notice and in accordance with its rules,
15to the hearing and adjudication of the
matters alleged, and a representative of the
16department of justice designated by the attorney general may appear before the
17department in such proceedings. The department of justice shall be entitled to
18judicial review of the decisions and orders of the department under ch. 227 matter.
SB44-SSA1-SA113,16,220
100.20
(6) The department
of justice may commence an action in circuit court
21in the name of the state to restrain by temporary or permanent injunction the
22violation of any order issued under this section. The court may in its discretion, prior
23to entry of final judgment
, make such orders or judgments as may be necessary to
24restore to any person any pecuniary loss suffered because of the acts or practices
25involved 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.
SB44-SSA1-SA113,16,74
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.
SB44-SSA1-SA113,16,159
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:
SB44-SSA1-SA113,16,2517
100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
18public hearing held under s. 93.18, may issue a special order against any person
19requiring such person to cease and desist from acts, practices or omissions
20determined by the department
of agriculture, trade, and rural resources to violate
21this section. Such orders shall be subject to judicial review under ch. 227. Any
22violation of a special order issued hereunder shall be punishable as a contempt under
23ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the
24filing of an affidavit by the department
of justice of the commission of such violation
25in any court of record in the county where the violation occurred.
SB44-SSA1-SA113,17,72
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
3remedies herein provided, may apply to a circuit court for a temporary or permanent
4injunction to prevent, restrain or enjoin any person from violating this section or any
5special order of the department
of agriculture, trade, and rural resources issued
6hereunder under this section, without being compelled to allege or prove that an
7adequate remedy at law does not exist.
SB44-SSA1-SA113,17,169
100.205
(7) The department
of justice, or any district attorney on informing the
10department
of justice, may commence an action in circuit court in the name of the
11state to restrain by temporary or permanent injunction any violation of this section.
12The court may, before entry of final judgment and after satisfactory proof, make
13orders or judgments necessary to restore to any person any pecuniary loss suffered
14because of a violation of this section. The department
of justice may conduct
15hearings, administer oaths, issue subpoenas and take testimony to aid in its
16investigation of violations of this section.
SB44-SSA1-SA113,17,2018
100.205
(8) The department
of justice or any district attorney may commence
19an action in the name of the state to recover a forfeiture to the state of not more than
20$10,000 for each violation of this section.
SB44-SSA1-SA113, s. 1762c
21Section 1762c. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
22and amended to read:
SB44-SSA1-SA113,17,2423
100.207
(1) Definition
Definitions. (intro.) In this section
, 24"telecommunications:
SB44-SSA1-SA113,17,25
25(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB44-SSA1-SA113,18,32
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
3department of justice.
SB44-SSA1-SA113,18,155
100.207
(6) (b) 1. The department
of justice, after consulting with the
6department of agriculture, trade and consumer protection, or any district attorney
7upon informing the department
of agriculture, trade and consumer protection, may
8commence an action in circuit court in the name of the state to restrain by temporary
9or permanent injunction any violation of this section. Injunctive relief may include
10an order directing telecommunications providers, as defined in s. 196.01 (8p), to
11discontinue telecommunications service provided to a person violating this section
12or ch. 196. Before entry of final judgment, the court may make such orders or
13judgments as may be necessary to restore to any person any pecuniary loss suffered
14because of the acts or practices involved in the action if proof of these acts or practices
15is submitted to the satisfaction of the court.
SB44-SSA1-SA113,18,2217
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
18to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
19department of justice may subpoena persons
and, require the production of books
20and other documents, and
the department of justice may request the department of
21agriculture, trade and consumer protection to exercise its authority to aid in the
22investigation of investigate alleged violations of this section.
SB44-SSA1-SA113,19,324
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
25forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
1paragraph shall be enforced by the department
of justice, after consulting with the
2department of agriculture, trade and consumer protection, or, upon informing the
3department, by the district attorney of the county where the violation occurs.
SB44-SSA1-SA113,19,95
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
6department shall form an advisory group to suggest recommendations regarding the
7content and scope of the proposed rule. The advisory group shall consist of one or
8more persons who may be affected by the proposed rule
, a representative from the
9department of justice and a representative from the public service commission.
SB44-SSA1-SA113,19,1311
100.207
(6) (em) 2. The department shall submit the recommendations under
12subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
13and to the board of agriculture, trade and consumer protection.
SB44-SSA1-SA113,19,1615
100.208
(2) (intro.) The department
of justice shall notify the public service
16commission if any of the following conditions exists:
SB44-SSA1-SA113,19,2018
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
19(3) prohibiting a telecommunications provider from engaging in an unfair trade
20practice or method of competition.
SB44-SSA1-SA113,20,222
100.209
(3) Rules and local ordinances allowed. This section does not
23prohibit the department
of justice from promulgating a rule or from issuing an order
24consistent with its authority under this chapter that gives a subscriber greater rights
1than the rights under sub. (2) or prohibit a city, village or town from enacting an
2ordinance that gives a subscriber greater rights than the rights under sub. (2).
SB44-SSA1-SA113,20,54
100.209
(4) (b) The department
of justice and the district attorneys of this state
5have concurrent authority to institute civil proceedings under this section.
SB44-SSA1-SA113,20,117
100.2095
(6) (b) The department
of justice may commence an action in the
8name of the state to restrain by temporary or permanent injunction a violation of sub.
9(3), (4) or (5). Before entry of final judgment, the court may make any necessary
10orders to restore to any person any pecuniary loss suffered by the person because of
11the violation.
SB44-SSA1-SA113,20,1513
100.2095
(6) (c) The department
of justice or any district attorney may
14commence an action in the name of the state to recover a forfeiture to the state of not
15less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB44-SSA1-SA113,20,2117
100.21
(2) (a) No person may make an energy savings or safety claim without
18a reasonable and currently accepted scientific basis for the claim when the claim is
19made. Making an energy savings or safety claim without a reasonable and currently
20accepted scientific basis is
also an unfair method of competition and trade practice
21prohibited under s. 100.20.
SB44-SSA1-SA113,20,2423
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
24or special orders
under s. 100.20:
SB44-SSA1-SA113,21,5
1100.22
(4) (b) The department
of justice may, without alleging or proving that
2no other adequate remedy at law exists, bring an action
on behalf of the department
3of agriculture, trade, and rural resources to enjoin violations of this section or a
4special order issued under this section in the circuit court for the county where the
5alleged violation occurred.
SB44-SSA1-SA113,21,107
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
8promulgated or order issued under this section may be required to forfeit not less
9than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
10may commence an action to recover a forfeiture under this paragraph.
SB44-SSA1-SA113,21,2112
100.26
(6) The department, the department of justice, after consulting with the
13department, or any district attorney may commence an action in the name of the
14state to recover a civil forfeiture to the state of not less than $100 nor more than
15$10,000 for each violation of Any person violating an injunction issued under s.
16100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
17protection or any district attorney may commence an action in the name of the state
18to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
19for each violation. Any person violating an order issued under s. 100.20 is subject
20to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
21violation
of an order issued under s. 100.20.
SB44-SSA1-SA113,22,523
100.261
(1) If a court imposes a fine or forfeiture for a violation of this chapter
, 24or ch. 98
or 133, a rule promulgated under this chapter or ch. 98
or 133, or an
25ordinance enacted under this chapter or ch. 98
or 133, the court shall also impose a
1consumer protection assessment in an amount equal to 25% of the fine or forfeiture
2imposed. If multiple violations are involved, the court shall base the consumer
3protection assessment upon the the total of the fine or forfeiture amounts for all
4violations. If a fine or forfeiture is suspended in whole or in part, the court shall
5reduce the assessment in proportion to the suspension.".
SB44-SSA1-SA113,22,128
100.261
(3) (b) The state treasurer shall deposit the consumer protection
9assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
1098, or an ordinance enacted under ch. 98 in the general fund and shall credit them
11to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par.
12(c).".
SB44-SSA1-SA113,22,2420
100.261
(3) (d) The state treasurer shall deposit the consumer protection
21assessment amounts imposed for a violation of this chapter or ch. 133, a rule
22promulgated under this chapter or ch. 133, or an ordinance enacted under this
23chapter in the general fund and shall credit them to the appropriation account under
24s. 20.455 (1) (g), subject to the limit under par. (e).
SB44-SSA1-SA113, s. 1815t
1Section 1815t. 100.261 (3) (d) of the statutes, as created by 2003 Wisconsin
2Act .... (this act), is amended to read:
SB44-SSA1-SA113,23,73
100.261
(3) (d) The
state treasurer
secretary of administration shall deposit the
4consumer protection assessment amounts imposed for a violation of this chapter or
5ch. 133, a rule promulgated under this chapter or ch. 133, or an ordinance enacted
6under this chapter in the general fund and shall credit them to the appropriation
7account under s. 20.455 (1) (g), subject to the limit under par. (e).
SB44-SSA1-SA113,23,109
100.261
(3) (e) The amount credited to the appropriation account under s.
1020.455 (1) (g) may not exceed $375,000 in each fiscal year.".
SB44-SSA1-SA113,23,24
13100.263 Recovery. In addition to other remedies available under this chapter,
14the court may award the
department state the reasonable and necessary costs of
15investigation and an amount reasonably necessary to remedy the harmful effects of
16the violation and
the court may award the department of justice the reasonable and
17necessary expenses of prosecution, including attorney fees, from any person who
18violates this chapter. The
department and the department of justice amounts
19awarded under this subsection shall
deposit be deposited in the state treasury for
20deposit in the general fund
all moneys that the court awards to the department, the
21department of justice or the state under this section. Ten percent of the money
22deposited in the general fund that was awarded under this section for the costs of
23investigation and the expenses of prosecution, including attorney fees, shall be
24credited to the appropriation account under s. 20.455 (1) (gh).
SB44-SSA1-SA113,24,42
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
3department
of justice may seek an injunction restraining any person from violating
4this section.
SB44-SSA1-SA113,24,86
100.28
(4) (c) The department
of justice, or any district attorney upon the
7request of the department
of justice, may commence an action in the name of the
8state under par. (a) or (b).
SB44-SSA1-SA113,24,1510
100.31
(4) Penalties. For any violation of this section, the department
of
11justice or a district attorney may commence an action on behalf of the state to recover
12a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
13delivery of a drug sold to a purchaser at a price in violation of this section and each
14separate day in violation of an injunction issued under this section is a separate
15offense.
SB44-SSA1-SA113,24,2217
100.31
(5) Special remedies. The department
of justice or a district attorney
18may bring an action to enjoin a violation of this section without being compelled to
19allege or prove that an adequate remedy at law does not exist. An action under this
20subsection may be commenced and prosecuted by the department
of justice or a
21district attorney, in the name of the state, in a circuit court in the county where the
22offense occurred or in Dane County, notwithstanding s. 801.50.
