AB150-engrossed,1257,42
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.
AB150-engrossed,1257,176
100.207
(6) (b) 1. The department of justice,
on its own initiative or at the
7request of after consulting with the department of agriculture, trade and consumer
8protection, or any district attorney upon informing the department of
justice 9agriculture, trade and consumer protection, may commence an action in circuit court
10in the name of the state to restrain by temporary or permanent injunction any
11violation of this section. Injunctive relief may include an order directing
12telecommunications providers, as defined in s. 196.01 (8p), to discontinue
13telecommunications service provided to a person violating this section or ch. 196.
14Before entry of final judgment, the court may make such orders or judgments as may
15be necessary to restore to any person any pecuniary loss suffered because of the acts
16or practices involved in the action if proof of these acts or practices is submitted to
17the satisfaction of the court.
AB150-engrossed,1257,2519
100.207
(6) (b) 2. The department
of agriculture, trade and consumer
20protection may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to
21administer this section. The
department and the department of justice may
22subpoena persons
, and require the production of books and other documents, and
the
23department of justice may request the department of agriculture, trade and
24consumer protection to exercise its authority to aid in the investigation of alleged
25violations of this section.
AB150-engrossed,1258,72
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
3forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
4paragraph shall be enforced by the department of justice,
on its own initiative or at
5the request of after consulting with the department of agriculture, trade and
6consumer protection, or, upon informing the department
of justice, by the district
7attorney of the county where the violation occurs.
AB150-engrossed,1258,119
100.207
(6) (e)
The Subject to par. (em), the department
of agriculture, trade
10and consumer protection, in consultation with the department of justice, shall
11promulgate rules under this section.
AB150-engrossed,1258,1713
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
14department shall form an advisory group to suggest recommendations regarding the
15content and scope of the proposed rule. The advisory group shall consist of one or
16more persons who may be affected by the proposed rule, a representative from the
17department of justice and a representative from the public service commission.
AB150-engrossed,1258,2018
2. The department shall submit the recommendations under subd. 1., if any,
19to the legislature as part of the report required under s. 227.19 (2) and to the board
20of agriculture, trade and consumer protection.
AB150-engrossed,1259,222
100.21
(3) (a) Any person making an energy savings or safety claim shall, upon
23written request by the department, submit information upon which the person relied
24to substantiate the claim.
The department of justice may request the department to
25issue a written request under this paragraph for information to substantiate an
1energy savings or safety claim. Failure to submit information requested under this
2subsection is a violation of sub. (2) (a).
AB150-engrossed,1259,64
100.23
(5) (b) (intro.) Has a current annual report on file with the
secretary of
5state department of financial institutions which satisfies all of the following
6requirements:
AB150-engrossed,1259,108
100.23
(5) (b) 2. Is on a form furnished to the association by the
secretary of
9state department of financial institutions using information given as of the date of
10the execution of the report.
AB150-engrossed,1259,1512
100.23
(5) (b) 4. Is filed with the
secretary of state department of financial
13institutions in each year following the year in which the association first filed the
14annual report required under this paragraph, during the calendar year quarter in
15which the anniversary of the filing occurs.
AB150-engrossed,1259,1817
100.23
(6) (title)
Secretary of state Department of financial institutions
18duties. (intro.) The
secretary of state department of financial institutions shall:
AB150-engrossed,1260,220
100.23
(6) (c) Upon receipt of a report required under sub. (5) (b), determine
21if the report satisfies the requirements of sub. (5) (b). If the
secretary of state 22department of financial institutions determines that the report does not satisfy all
23of those requirements, the
secretary of state department of financial institutions 24shall return the report to the association which filed it, along with a notice of any
25correction required. If the association files a corrected report within 30 days after
1the association receives that notice, the report shall be deemed timely filed for
2purposes of sub. (5) (b) 4.
AB150-engrossed,1260,114
100.26
(6) The
department, the department of justice
, after consulting with the
5department, or any district attorney may commence an action in the name of the
6state to recover a civil forfeiture to the state of not less than $100 nor more than
7$10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20
8(6)
or. The department of agriculture, trade and consumer protection or any district
9attorney may commence an action in the name of the state to recover a civil forfeiture
10to the state of not less than $100 nor more than $10,000 for each violation of an order
11issued under s. 100.20.
AB150-engrossed,1260,24
13100.263 Recovery. In addition to other remedies available under this chapter,
14the court may award the department of justice the costs of investigation, an amount
15reasonably necessary to remedy the harmful effects of the violation and the expenses
16of prosecution, including attorney fees, from any person who violates this chapter.
17The department of justice shall deposit in the state treasury for deposit in the general
18fund all moneys that the court awards to the department or the state under this
19section. Ten percent of the money deposited in the general fund that was awarded
20under this section for the costs of investigation and the expenses of prosecution,
21including attorney fees, shall be credited to the appropriation account under s.
2220.455 (1) (gh). All of the money deposited in the general fund that was awarded
23under this section to remedy the harmful effects of the violation shall be credited to
24the appropriation account under s. 20.455 (1) (gm).
AB150-engrossed, s. 3608g
1Section 3608g. 100.263 of the statutes, as created by 1995 Wisconsin Act ....
2(this act), is amended to read:
AB150-engrossed,1261,15
3100.263 Recovery. In addition to other remedies available under this chapter,
4the court may award the department
of justice the costs of investigation
, and an
5amount reasonably necessary to remedy the harmful effects of the violation and
the
6court may award the department of justice the expenses of prosecution, including
7attorney fees, from any person who violates this chapter. The department
and the
8department of justice shall deposit in the state treasury for deposit in the general
9fund all moneys that the court awards to the department
, the department of justice 10or the state under this section. Ten percent of the money deposited in the general
11fund that was awarded under this section for the costs of investigation and the
12expenses of prosecution, including attorney fees, shall be credited to the
13appropriation account under s. 20.455 (1) (gh). All of the money deposited in the
14general fund that was awarded under this section to remedy the harmful effects of
15the violation shall be credited to the appropriation account under s. 20.455 (1) (gm).
AB150-engrossed,1261,1917
100.28
(4) (c) The department
of justice
, or any district attorney
, upon the
18request of the department, may commence an action in the name of the state under
19par. (a) or (b).
AB150-engrossed,1261,2321
100.50
(6) (c) The department
of justice
, or any district attorney
, upon the
22request of the department, may commence an action in the name of the state under
23par. (a) or (b).
AB150-engrossed,1262,5
1CHAPTER 101
2
DEPARTMENT OF
INDUSTRY, LABOR
3
AND HUMAN RELATIONS development —
4
regulation of industry,
5
buildings and safety
AB150-engrossed, s. 3611
6Section
3611. 101.01 (1) (intro.) of the statutes is renumbered 101.01 (intro.)
7and amended to read:
AB150-engrossed,1262,10
8101.01 Definitions. (intro.) In
chs. 101 to 106 and 108 this chapter, the
9following words and phrases have the designated meanings unless a different
10meaning is expressly provided:
AB150-engrossed, s. 3614
13Section
3614. 101.01 (1) (c) of the statutes is renumbered 101.01 (1m) and
14amended to read:
AB150-engrossed,1262,1615
101.01
(1m) "Department" means the department of
industry, labor and
16human relations development.
AB150-engrossed, s. 3619
21Section
3619. 101.01 (1) (h) of the statutes is renumbered 101.01 (14) and
22amended to read:
AB150-engrossed,1262,2423
101.01
(14) "Secretary" means the secretary of
industry, labor and human
24relations development.
AB150-engrossed,1263,63
101.01
(3) The term "employe" shall mean and include every "Employe" means
4any person who may be required or directed by any employer, in consideration of
5direct or indirect gain or profit, to engage in any employment, or to go or work or be
6at any time in any place of employment.
AB150-engrossed,1263,139
101.01
(4) The term "employer" shall mean and include every "Employer"
10means any person, firm, corporation, state, county, town, city, village, school district,
11sewer district, drainage district and other public or quasi-public corporations as well
12as any agent, manager, representative or other person having control or custody of
13any employment, place of employment or of any employe.
AB150-engrossed,1263,2016
101.01
(5) The term "employment" shall mean and include "Employment"
17means any trade, occupation or process of manufacture, or any method of carrying
18on such trade, occupation or process of manufacture in which any person may be
19engaged, except in such private domestic service as does not involve the use of
20mechanical power and in farm labor as used in
par. (f)
sub. (11).
AB150-engrossed, s. 3625
22Section
3625. 101.01 (2) (e) of the statutes is renumbered 101.01 (10) and
23amended to read:
AB150-engrossed,1264,724
101.01
(10) The term "owner" shall mean and include every "Owner" means
25any person, firm, corporation, state, county, town, city, village, school district, sewer
1district, drainage district and other public or quasi-public corporations as well as
2any manager, representative, officer, or other person having ownership, control or
3custody of any place of employment or public building, or of the construction, repair
4or maintenance of any place of employment or public building, or who prepares plans
5for the construction of any place of employment or public building.
Said ss. 101.01
6to 101.25 This subchapter shall apply, so far as consistent, to all architects and
7builders.
AB150-engrossed, s. 3628
10Section
3628. 101.01 (2) (h) of the statutes is renumbered 101.01 (13) and
11amended to read:
AB150-engrossed,1264,1812
101.01
(13) The term "safe" "
Safe" or "safety"
, as applied to an employment or
13a place of employment or a public building,
shall mean
means such freedom from
14danger to the life, health, safety or welfare of employes or frequenters, or the public,
15or tenants, or fire fighters, and such reasonable means of notification, egress and
16escape in case of fire, and such freedom from danger to adjacent buildings or other
17property, as the nature of the employment, place of employment, or public building,
18will reasonably permit.
AB150-engrossed, s. 3629
19Section
3629. 101.01 (2) (i) of the statutes is renumbered 101.01 (15) and
20amended to read:
AB150-engrossed,1264,2221
101.01
(15) The term "welfare" shall mean and include "Welfare" includes 22comfort, decency and moral well-being.
AB150-engrossed,1265,324
101.02
(5) (c) In the discharge of his or her duties such agent shall have every
25power of an inquisitorial nature granted in
ss. 101.01 to 101.25 this subchapter to
1the department, the same powers as a court commissioner with regard to the taking
2of depositions and all powers granted by law to a court commissioner relative to
3depositions.
AB150-engrossed,1265,125
101.02
(5) (f) Upon the request of the department, the department of justice or
6district attorney of the county in which any investigation, hearing or trial had under
7ss. 101.01 to 101.25 this subchapter is pending, shall aid
therein and prosecute the
8department in the investigation, hearing or trial and, under the supervision of the
9department,
prosecute all necessary actions or proceedings for the enforcement
and
10punishment of violations of
those sections this subchapter and all other laws of this
11state relating to the protection of life, health, safety and welfare
, and for the
12punishment of all violations thereof.
AB150-engrossed,1265,1714
101.02
(6) (e) Any employer or other person interested either because of
15ownership in or occupation of any property affected by any such order, or otherwise,
16may petition for a hearing on the reasonableness of any order of the department in
17the manner provided in
ss. 101.01 to 101.25 this subchapter.
AB150-engrossed,1266,419
101.02
(7) (a) Nothing contained in
ss. 101.01 to 101.25 this subchapter may
20be construed to deprive the common council, the board of alderpersons, the board of
21trustees or the village board of any village or city, or a local board of health, as defined
22in s. 250.01 (3), of any power or jurisdiction over or relative to any place of
23employment or public building, provided that, whenever the department shall, by an
24order, fix a standard of safety or any hygienic condition for employment or places of
25employment or public buildings, the order shall, upon the filing by the department
1of a copy of the order with the clerk of the village or city to which it may apply, be held
2to amend or modify any similar conflicting local order in any particular matters
3governed by the order of the department. Thereafter no local officer may make or
4enforce any order contrary to the order of the department.
AB150-engrossed,1266,136
101.02
(7m) Notwithstanding sub. (7) (a), no city, village or town may make or
7enforce any ordinance that is applied to any multifamily dwelling, as defined in s.
8101.971 (2), and that does not conform to subch. VI and this section or is contrary to
9an order of the department under
ss. 101.01 to 101.25
this subchapter, except that
10if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in
11s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town
12may take any action with regard to that ordinance that a political subdivision may
13take under s. 101.975 (3) (b).
AB150-engrossed,1266,1915
101.02
(9) A substantial compliance with the requirements of
ss. 101.01 to
16101.25, this subchapter shall be sufficient to give effect to the orders of the
17department, and
they shall not no order may be declared inoperative, illegal or void
18for any omission of a technical nature
in with respect
thereto to the requirements of
19this subchapter.
AB150-engrossed,1266,2221
101.02
(10) Orders of the department under
ss. 101.01 to 101.25 this
22subchapter shall be subject to review in the manner provided in ch. 227.
AB150-engrossed,1267,424
101.02
(12) Every day during which any person
, persons, or corporation
, or any
25officer, agent or employe
thereof, shall fail of a person or corporation, fails to observe
1and comply with any order of the department or to perform any duty
enjoined by ss.
2101.01 to 101.25, specified under this subchapter shall constitute a separate and
3distinct violation of
such the order
, or of
said sections as the case may be the
4requirements of this subchapter, whichever is applicable.
AB150-engrossed,1267,146
101.02
(13) (a) If any employer, employe, owner, or other person violates
ss.
7101.01 to 101.25 this subchapter, or fails or refuses to perform any duty
lawfully
8enjoined specified under this subchapter, within the time prescribed by the
9department, for which no penalty has been specifically provided, or fails, neglects or
10refuses to obey any lawful order given or made by the department, or any judgment
11or decree made by any court in connection with
ss. 101.01 to 101.25 this subchapter,
12for each such violation, failure or refusal, such employer, employe, owner or other
13person shall forfeit and pay into the state treasury a sum not less than $10 nor more
14than $100 for each such offense.
AB150-engrossed,1267,2416
101.02
(15) (b) The department shall administer and enforce, so far as not
17otherwise provided for in the statutes, the laws relating to
child labor, laundries,
18stores,
employment, licensed occupations, school attendance, bakeries,
employment
19offices, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn
20shredders, woodsawing machines, fire escapes and means of egress from buildings,
21scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration
22or painting of buildings and structures, and all other laws protecting the life, health,
23safety and welfare of employes in employments and places of employment and
24frequenters of places of employment.
AB150-engrossed,1268,4
1101.02
(15) (f) The department shall investigate, ascertain and determine such
2reasonable classifications of persons, employments, places of employment and public
3buildings, as shall be necessary to carry out the purposes of
ss. 101.01 to 101.25 this
4subchapter.
AB150-engrossed,1268,136
101.02
(15) (g)
Any commissioner, the
The secretary or any deputy of the
7department may enter any place of employment or public building, for the purpose
8of collecting facts and statistics, examining the provisions made for the health, safety
9and welfare of the employes, frequenters, the public or tenants therein and bringing
10to the attention of every employer or owner any law, or any order of the department,
11and any failure on the part of such employer or owner to comply therewith. No
12employer or owner may refuse to admit
any commissioner, the secretary or any
13deputy of the department to his or her place of employment or public building.