SB44-SSA1-SA45,7,118
100.07
(6) Action Upon request of the department of agriculture, trade, and
9rural resources, an action to enjoin violation of this section may be commenced and
10prosecuted by the department
of justice in the name of the state in any court having
11equity jurisdiction.
SB44-SSA1-SA45,7,1714
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
15I felony. A person intentionally violates this section if the violation occurs after the
16department
of justice or a district attorney has notified the person by certified mail
17that the person is in violation of this section.
SB44-SSA1-SA45,7,2119
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
20violations of this section. The department
of justice or any district attorney may on
21behalf of the state:
SB44-SSA1-SA45,8,3
1100.173
(4) (intro.) The department
of justice shall investigate violations of this
2section. The department
of justice, or any district attorney upon informing the
3department
of justice, may, on behalf of the state, do any of the following:
SB44-SSA1-SA45,8,115
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
6any court of competent jurisdiction for any violation of this section. The relief sought
7by the department
of justice or district attorney may include the payment by a
8promoter into an escrow account of an amount estimated to be sufficient to pay for
9ticket refunds. The court may, upon entry of final judgment, award restitution when
10appropriate to any person suffering loss because of violations of this section if proof
11of such loss is submitted to the satisfaction of the court.
SB44-SSA1-SA45,8,1413
100.174
(5) (intro.) The department
of justice or any district attorney may on
14behalf of the state:
SB44-SSA1-SA45,8,1716
100.174
(6) The department
of justice shall investigate violations of and
17enforce this section.
SB44-SSA1-SA45,8,2419
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
20pay more than $100 for dating services before the buyer receives or has the
21opportunity to receive those services unless the person selling dating services
22establishes proof of financial responsibility by maintaining any of the following
23commitments approved by the department
of justice in an amount not less than
24$25,000:
SB44-SSA1-SA45,9,6
1100.175
(5) (b) The commitment described in par. (a) shall be established in
2favor of or made payable to the state, for the benefit of any buyer who does not receive
3a refund under the contractual provision described in sub. (3). The person selling
4dating services shall file with the department
of justice any agreement, instrument
5or other document necessary to enforce the commitment against the person selling
6dating services or any relevant 3rd party, or both.
SB44-SSA1-SA45,9,98
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
9on behalf of the state:
SB44-SSA1-SA45,9,1411
100.175
(7) (b) The department
of justice may bring an action in circuit court
12to recover on a financial commitment maintained under sub. (5) against a person
13selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
14not receive a refund due under the contractual provision described in sub. (3).
SB44-SSA1-SA45,9,1716
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
SB44-SSA1-SA45,9,2019
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
20department of
health and family services justice.
SB44-SSA1-SA45,9,2422
100.18
(11) (a) The department of
agriculture, trade and consumer protection 23justice shall enforce this section. Actions to enjoin violation of this section or any
24regulations thereunder may be commenced and prosecuted by the department
of
1justice in the name of the state in any court having equity jurisdiction. This remedy
2is not exclusive.
SB44-SSA1-SA45,10,84
100.18
(11) (b) 3. No action may be commenced under this section more than
53 years after the occurrence of the unlawful act or practice which is the subject of the
6action. No injunction may be issued under this section which would conflict with
7general or special orders of the department
of justice or any statute, rule or
8regulation of the United States or of this state.
SB44-SSA1-SA45,10,1810
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
11a person is in possession, custody or control of any information or documentary
12material relevant to the enforcement of this section it may require that person to
13submit a statement or report, under oath or otherwise, as to the facts and
14circumstances concerning any activity in the course of trade or commerce; examine
15under oath that person with respect to any activity in the course of trade or
16commerce; and execute in writing and cause to be served upon such person a civil
17investigative demand requiring the person to produce any relevant documentary
18material for inspection and copying.
SB44-SSA1-SA45,10,2220
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
21subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
22any investigation.
SB44-SSA1-SA45,11,224
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
25a person to file a statement or report, or service of a subpoena upon a person, or
1service of a civil investigative demand shall be made in compliance with the rules of
2civil procedure of this state.
SB44-SSA1-SA45,11,84
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
5comply with any civil investigative demand, or fails to obey any subpoena issued by
6the department
of justice, such person may be coerced as provided in s. 885.12, except
7that no person shall be required to furnish any testimony or evidence under this
8subsection which might tend to incriminate the person.
SB44-SSA1-SA45,11,2010
100.18
(11) (d) The
department or the department of justice
, after consulting
11with the department, or any district attorney, upon informing the department
of
12justice, may commence an action in circuit court in the name of the state to restrain
13by temporary or permanent injunction any violation of this section. The court may
14in its discretion, prior to entry of final judgment, make such orders or judgments as
15may be necessary to restore to any person any pecuniary loss suffered because of the
16acts or practices involved in the action, provided proof thereof is submitted to the
17satisfaction of the court. The
department and the department of justice may
18subpoena persons and require the production of books and other documents
, and t
he
19department of justice may request the department to exercise its authority under
20par. (c) to aid in the investigation of alleged violations of this section.
SB44-SSA1-SA45,12,622
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
23section,
the department or the department of justice may accept a written assurance
24of discontinuance of any act or practice alleged to be a violation of this section from
25the person who has engaged in such act or practice. The acceptance of such assurance
1by
either the department or the department of justice shall be deemed acceptance by
2the other state officials enumerated in par. (d)
any district attorney if the terms of
3the assurance so provide. An assurance entered into pursuant to this section shall
4not be considered evidence of a violation of this section, provided that violation of
5such an assurance shall be treated as a violation of this section, and shall be
6subjected to all
of the penalties and remedies provided therefor.
SB44-SSA1-SA45,12,138
100.182
(5) (a) Any district attorney, after informing the department
of justice,
9or the department
of justice may seek a temporary or permanent injunction in circuit
10court to restrain any violation of this section. Prior to entering a final judgment the
11court may award damages to any person suffering monetary loss because of a
12violation. The department
of justice may subpoena any person or require the
13production of any document to aid in investigating alleged violations of this section.
SB44-SSA1-SA45,12,2115
100.182
(5) (b) In lieu of instituting or continuing an action under this
16subsection, the department
of justice may accept a written assurance from a violator
17of this section that the violation has ceased. If the terms of the assurance so provide,
18its acceptance by the department
of justice prevents all district attorneys from
19prosecuting the violation. An assurance is not evidence of a violation of this section
20but violation of an assurance is subject to the penalties and remedies of violating this
21section.
SB44-SSA1-SA45,13,323
100.20
(2) (a) The department
of justice, after public hearing, may issue
24general orders forbidding methods of competition in business or trade practices in
25business which are determined by the department
of justice to be unfair. The
1department
of justice, after public hearing, may issue general orders prescribing
2methods of competition in business or trade practices in business which are
3determined by the department
of justice to be fair.
SB44-SSA1-SA45,13,95
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
6any order or promulgate any rule that regulates the provision of water or sewer
7service by a manufactured home park operator, as defined in s. 101.91 (8), or
8manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
9to the extent that the rule regulates the provision of such water or sewer service.
SB44-SSA1-SA45,13,1711
100.20
(3) The department
of justice, after public hearing, may issue a special
12order against any person, enjoining such person from employing any method of
13competition in business or trade practice in business which is determined by the
14department
of justice to be unfair or from providing service in violation of sub. (1t).
15The department
of justice, after public hearing, may issue a special order against any
16person, requiring such person to employ the method of competition in business or
17trade practice in business which is determined by the department
of justice to be fair.
SB44-SSA1-SA45,14,219
100.20
(4) The If the department of justice
may file a written complaint with
20the department alleging that the has reason to believe that a person
named is
21employing unfair methods of competition in business or unfair trade practices in
22business or both
. Whenever such a complaint is filed
, it shall be the duty of the
23department
of justice to proceed, after proper notice and in accordance with its rules,
24to the hearing and adjudication of the
matters alleged, and a representative of the
25department of justice designated by the attorney general may appear before the
1department in such proceedings. The department of justice shall be entitled to
2judicial review of the decisions and orders of the department under ch. 227 matter.
SB44-SSA1-SA45,14,114
100.20
(6) The department
of justice may commence an action in circuit court
5in the name of the state to restrain by temporary or permanent injunction the
6violation of any order issued under this section. The court may in its discretion, prior
7to entry of final judgment
, make such orders or judgments as may be necessary to
8restore to any person any pecuniary loss suffered because of the acts or practices
9involved in the action, provided proof thereof is submitted to the satisfaction of the
10court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 11investigate violations of any order issued under this section.
SB44-SSA1-SA45,14,1613
100.201
(6) (d) The failure to pay fees under this subsection within the time
14provided under par. (c) is a violation of this section. The department
of justice may
15also commence an action to recover the amount of any overdue fees plus interest at
16the rate of 2% per month for each month that the fees are delinquent.
SB44-SSA1-SA45,14,2418
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
19acts or omissions which take place in whole or in part outside this state. In any action
20or administrative proceeding the department
of justice has jurisdiction of the person
21served under s. 801.11 when any act or omission outside this state by the defendant
22or respondent results in local injury or may have the effect of injuring competition
23or a competitor in this state or unfairly diverts trade or business from a competitor,
24if at the time:
SB44-SSA1-SA45,15,9
1100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
2public hearing held under s. 93.18, may issue a special order against any person
3requiring such person to cease and desist from acts, practices or omissions
4determined by the department
of agriculture, trade, and rural resources to violate
5this section. Such orders shall be subject to judicial review under ch. 227. Any
6violation of a special order issued hereunder shall be punishable as a contempt under
7ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the
8filing of an affidavit by the department
of justice of the commission of such violation
9in any court of record in the county where the violation occurred.
SB44-SSA1-SA45,15,1611
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
12remedies herein provided, may apply to a circuit court for a temporary or permanent
13injunction to prevent, restrain or enjoin any person from violating this section or any
14special order of the department
of agriculture, trade, and rural resources issued
15hereunder under this section, without being compelled to allege or prove that an
16adequate remedy at law does not exist.
SB44-SSA1-SA45,15,2518
100.205
(7) The department
of justice, or any district attorney on informing the
19department
of justice, may commence an action in circuit court in the name of the
20state to restrain by temporary or permanent injunction any violation of this section.
21The court may, before entry of final judgment and after satisfactory proof, make
22orders or judgments necessary to restore to any person any pecuniary loss suffered
23because of a violation of this section. The department
of justice may conduct
24hearings, administer oaths, issue subpoenas and take testimony to aid in its
25investigation of violations of this section.
SB44-SSA1-SA45,16,42
100.205
(8) The department
of justice or any district attorney may commence
3an action in the name of the state to recover a forfeiture to the state of not more than
4$10,000 for each violation of this section.
SB44-SSA1-SA45, s. 1762c
5Section 1762c. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
6and amended to read:
SB44-SSA1-SA45,16,87
100.207
(1) Definition
Definitions. (intro.) In this section
, 8"telecommunications:
SB44-SSA1-SA45,16,9
9(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB44-SSA1-SA45,16,1211
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
SB44-SSA1-SA45,16,2414
100.207
(6) (b) 1. The department
of justice, after consulting with the
15department of agriculture, trade and consumer protection, or any district attorney
16upon informing the department
of agriculture, trade and consumer protection, may
17commence an action in circuit court in the name of the state to restrain by temporary
18or permanent injunction any violation of this section. Injunctive relief may include
19an order directing telecommunications providers, as defined in s. 196.01 (8p), to
20discontinue telecommunications service provided to a person violating this section
21or ch. 196. Before entry of final judgment, the court may make such orders or
22judgments as may be necessary to restore to any person any pecuniary loss suffered
23because of the acts or practices involved in the action if proof of these acts or practices
24is submitted to the satisfaction of the court.
SB44-SSA1-SA45,17,6
1100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
2to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
3department of justice may subpoena persons
and, require the production of books
4and other documents, and
the department of justice may request the department of
5agriculture, trade and consumer protection to exercise its authority to aid in the
6investigation of investigate alleged violations of this section.
SB44-SSA1-SA45,17,128
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
9forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
10paragraph shall be enforced by the department
of justice, after consulting with the
11department of agriculture, trade and consumer protection, or, upon informing the
12department, by the district attorney of the county where the violation occurs.
SB44-SSA1-SA45,17,1814
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
15department shall form an advisory group to suggest recommendations regarding the
16content and scope of the proposed rule. The advisory group shall consist of one or
17more persons who may be affected by the proposed rule
, a representative from the
18department of justice and a representative from the public service commission.
SB44-SSA1-SA45,17,2220
100.207
(6) (em) 2. The department shall submit the recommendations under
21subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
22and to the board of agriculture, trade and consumer protection.
SB44-SSA1-SA45,17,2524
100.208
(2) (intro.) The department
of justice shall notify the public service
25commission if any of the following conditions exists:
SB44-SSA1-SA45,18,42
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
3(3) prohibiting a telecommunications provider from engaging in an unfair trade
4practice or method of competition.
