SB400, s. 15
18Section
15. 134.24 (5) of the statutes is renumbered 100.206 (5), and 100.206
19(5) (a) and (b), as renumbered, are amended to read:
SB400,5,2420
100.206
(5) (a) Enter the
business
commercial premises of a proprietor to
21discuss a contract under this section with the proprietor or his or her employes,
22without identifying himself or herself and making known the purpose of the visit
23before commencing any further communication with the proprietor or the
24proprietor's employes.
SB400,6,2
1 (b) Engage in any coercive conduct, act or practice that disrupts the
business 2commercial premises of a proprietor in a substantial manner.
SB400, s. 16
3Section
16. 134.24 (6) and (7) of the statutes are renumbered 100.206 (6) and
4(7).
SB400, s. 17
5Section
17. 134.42 of the statutes is renumbered 100.209, and 100.209 (3) and
6(4) (b), as renumbered, are amended to read:
SB400,6,127
100.209
(3) Rules and local ordinances allowed. This section does not
8prohibit the department
of agriculture, trade and consumer protection from
9promulgating a rule or from issuing an order consistent with its authority under
ch.
10100 this chapter that gives a subscriber greater rights than the rights under sub. (2)
11or prohibit a city, village or town from enacting an ordinance that gives a subscriber
12greater rights than the rights under sub. (2).
SB400,6,15
13(4) (b) The department
of agriculture, trade and consumer protection and the
14district attorneys of this state have concurrent authority to institute civil
15proceedings under this section.
SB400, s. 18
16Section
18. 134.67 (title) of the statutes is renumbered 94.709 (title).
SB400, s. 19
17Section
19. 134.67 (intro.) of the statutes is renumbered 94.709 (1).
SB400,6,2420
94.709
(2) (a) (intro.) In the event of the outbreak of an epidemic disease of
21humans or animals spread by insects which it is known can be controlled by DDT but
22cannot be adequately controlled by any other known pesticide, the department
of
23agriculture, trade and consumer protection may authorize the use of DDT in
24controlling the epidemic upon a finding that:
SB400, s. 21
1Section
21. 134.67 (2) (a) 1. to 3. of the statutes are renumbered 94.709 (2) (a)
21. to 3.
SB400,7,105
94.709
(2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic
6proportions which threatens a significant portion of the affected crop and which is
7caused or spread by an insect which it is known can be controlled by DDT but cannot
8be adequately controlled by any other known pesticide, the department
of
9agriculture, trade and consumer protection may authorize the use of DDT in
10controlling the epidemic upon a finding that:
SB400, s. 23
11Section
23. 134.67 (2) (b) 1. to 3. of the statutes are renumbered 94.709 (2) (b)
121. to 3.
SB400,7,1815
94.709
(2) (c) The department
of agriculture, trade and consumer protection 16also may authorize the use of DDT or its isomers or metabolites for specified research
17by educational institutions if it finds that no ecologically significant residues of DDT
18or its isomers or metabolites will be allowed to escape into the environment.
SB400, s. 25
19Section
25. 134.68 of the statutes is renumbered 100.175, and 100.175 (5) (a)
20(intro.) and (b) and (7) (a) (intro.), as renumbered, are amended to read:
SB400,8,221
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
22pay more than $100 for dating services before the buyer receives or has the
23opportunity to receive those services unless the person selling dating services
24establishes proof of financial responsibility by maintaining any of the following
1commitments approved by the department
of agriculture, trade and consumer
2protection in an amount not less than $25,000:
SB400,8,83
(b) The commitment described in par. (a) shall be established in favor of or made
4payable to the state, for the benefit of any buyer who does not receive a refund under
5the contractual provision described in sub. (3). The person selling dating services
6shall file with the department
of agriculture, trade and consumer protection any
7agreement, instrument or other document necessary to enforce the commitment
8against the person selling dating services or any relevant 3rd party, or both.
SB400,8,10
9(7) (a) (intro.) The department
of agriculture, trade and consumer protection 10or any district attorney may on behalf of the state:
SB400, s. 26
11Section
26. 134.70 of the statutes is renumbered 100.177, and 100.177 (13) (b)
121. (intro.), 2. and 3. and (15) (a) and (am), as renumbered, are amended to read:
SB400,8,1913
100.177
(13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish
14proof of financial responsibility required under par. (a) by maintaining an
15established escrow account approved by the department
of agriculture, trade and
16consumer protection for all amounts received from buyers in advance of the receipt
17of services or by maintaining any of the following commitments approved by the
18department
of agriculture, trade and consumer protection in an amount not less than
19$25,000, subject to subd. 2.:
SB400,8,2420
2. The commitment described in subd. 1. shall be established in favor of or made
21payable to the state, for the benefit of any buyer who does not receive a refund under
22sub. (11) (a). The center shall file with the department
of agriculture, trade and
23consumer protection any agreement, instrument or other document necessary to
24enforce the commitment against the center or any relevant 3rd party, or both.
SB400,9,12
13. For 6 or more weight reduction centers owned or operated under the same
2trade name, the amount of the financial commitment under pars. (a) and (b) for those
3weight reduction centers is not required to exceed a total of $150,000. For a weight
4reduction center that submits to the department
of agriculture, trade and consumer
5protection evidence satisfactory to the department that the weight reduction center
6collected a total of $50,000 or more but less than $100,000 from buyers of its center
7services in the previous calendar year, the amount of the financial commitment
8under pars. (a) and (b) is not required to exceed $10,000. For a weight reduction
9center that submits to the department evidence satisfactory to the department that
10the weight reduction center collected less than a total of $50,000 from buyers of its
11center services in the previous calendar year, the amount of the financial
12commitment under pars. (a) and (b) is not required to exceed $5,000.
SB400,9,15
13(15) (a) The department
of agriculture, trade and consumer protection shall
14investigate violations of this section or s.
134.705
100.178 (2) or (4). The department
15of agriculture, trade and consumer protection may on behalf of the state:
SB400,9,2016
1. Bring an action for temporary or permanent injunctive or other relief in any
17court of competent jurisdiction for any violation of this section or s.
134.705 100.178 18(2) or (4). The court may in its discretion, upon entry of final judgment, award
19restitution when appropriate to any person suffering loss because of violations of this
20section if proof of such loss is submitted to the satisfaction of the court.
SB400,9,2321
2. Bring an action in any court of competent jurisdiction for the recovery of civil
22forfeitures against any person who violates this section or s.
134.705 100.178 (2) or
23(4) in an amount not less than $100 nor more than $10,000 for each violation.
SB400,9,2524
(am) The department
of agriculture, trade and consumer protection may bring
25an action in circuit court to recover on a financial commitment maintained under
1sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who
2does not receive a refund due under sub. (11) (a).
SB400, s. 27
3Section
27. 134.705 of the statutes is renumbered 100.178, and 100.178 (1) (b)
4and (c), (4) and (7), as renumbered, are amended to read:
SB400,10,65
100.178
(1) (b)
"Department"
Notwithstanding s. 93.01 (3), "department"
6means the department of health and family services.
SB400,10,77
(c) "Fitness center" has the meaning given under s.
134.70 100.177 (1) (c).
SB400,10,11
8(4) A fitness center shall post a notice or notices on its premises stating the
9requirements of sub. (2) and the penalty for a violation of sub. (2) under s.
134.70 10100.177 (15) (a). The notice shall comply with the rules promulgated by the
11department under sub. (5) (d).
SB400,10,15
12(7) A violation of sub. (2) or (4) is subject to s.
134.70 100.177 (15) (a). This
13subsection or s.
134.70 100.177 (15) (a) does not preclude a person injured as a result
14of a violation of this section from pursuing any other available equitable or legal
15relief.
SB400, s. 28
16Section
28. 134.74 of the statutes is renumbered 100.171, and 100.171 (7) (b)
17and (8) (intro.), as renumbered, are amended to read:
SB400,10,2218
100.171
(7) (b) Whoever intentionally violates this section may be fined not
19more than $10,000 or imprisoned for not more than 2 years or both. A person
20intentionally violates this section if the violation occurs after the department
of
21agriculture, trade and consumer protection or a district attorney has notified the
22person by certified mail that the person is in violation of this section.
SB400,10,25
23(8) Enforcement. (intro.) The department
of agriculture, trade and consumer
24protection shall investigate violations of this section. The department
of agriculture,
25trade and consumer protection or any district attorney may on behalf of the state:
SB400, s. 29
1Section
29. 134.83 of the statutes is renumbered 100.174, and 100.174 (5)
2(intro.) and (6), as renumbered, are amended to read:
SB400,11,43
100.174
(5) (intro.) The department
of agriculture, trade and consumer
4protection or any district attorney may on behalf of the state:
SB400,11,6
5(6) The department
of agriculture, trade and consumer protection shall
6investigate violations of and enforce this section.
SB400, s. 30
7Section
30. 134.85 of the statutes, as affected by
1997 Wisconsin Act 35, is
8renumbered 100.51, and 100.51 (2) (b) and (3) (a), as renumbered, are amended to
9read:
SB400,11,1610
100.51
(2) (b) Good cause exists for refusing to honor a succession if a
11designated family member does not meet existing reasonable standards of the motor
12fuel grantor. The motor fuel grantor's existing reasonable standards may include
13requirements directly related to a person's management and technical skills,
14training and
business commercial experience, credit worthiness and other
15requirements directly related to a person's ability to operate the motor fuel
16dealership.
SB400,11,21
17(3) (a) The department
of agriculture, trade and consumer protection on behalf
18of the state or any person who claims injury as a result of a violation of sub. (2) may
19bring an action for temporary or permanent injunctive relief in any circuit court. It
20is no defense to an action under this paragraph that an adequate remedy exists at
21law.
SB400, s. 31
22Section
31. 134.95 (2) of the statutes is amended to read:
SB400,12,523
134.95
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
24person for a violation under s.
134.22, 134.68, 134.70, 100.171, 100.173, 100.174,
25100.175, 100.177, 134.71, 134.72
, 134.74, 134.83 or 134.87 or ch. 136 or a rule
1promulgated under these sections or that chapter, the person shall be subject to a
2supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
3defendant, for which the fine or forfeiture was imposed, was perpetrated against an
4elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b)
5or (c) is present.
SB400, s. 32
6Section
32. 134.95 (3) of the statutes is amended to read:
SB400,12,117
134.95
(3) Priority for restitution. If the court orders restitution under s.
8134.22 (4) (a), 134.68 (7), 134.70 (15), 134.74 (8), 134.83 (7) 100.171 (8), 100.173 (4)
9(a), 100.174 (7), 100.175 (7), 100.177 (15) or 134.87 (6) for a pecuniary or monetary
10loss suffered by a person, the court shall require that the restitution be paid by the
11defendant before the defendant pays any forfeiture imposed under this section.
SB400, s. 33
12Section
33. 134.99 (1) of the statutes is amended to read:
SB400,12,1713
134.99
(1) Whoever is concerned in the commission of a violation of this
14chapter
, except s. 134.83, for which a forfeiture is imposed is a principal and may be
15charged with and convicted of the violation although he or she did not directly
16commit it and although the person who directly committed it has not been convicted
17of the violation.
SB400, s. 34
18Section
34. 165.25 (4) (ar) of the statutes is amended to read:
SB400,12,2519
165.25
(4) (ar) The department of justice shall furnish all legal services
20required by the department of agriculture, trade and consumer protection relating
21to the enforcement of ss.
100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
22100.182, 100.20, 100.205, 100.207,
100.209, 100.21, 100.28, 100.50
, 134.22, 134.42,
23134.68, 134.70, 134.74, 134.83 and 134.85 and 100.51 and chs. 136, 344, 704, 707 and
24779, together with any other services as are necessarily connected to the legal
25services.
SB400, s. 35
1Section
35
. 707.55 (10) of the statutes is amended to read:
SB400,13,42
707.55
(10) Gifts and prizes. A mail or coupon promotion sent to residents of
3this state that offers any award, gift or prize for visiting a development or attending
4any sales presentation shall comply with the requirements of s.
134.74 100.171.
Note: Chapter 134, stats., relating to miscellaneous trade regulations, contains a
number of sections which are specifically assigned to the department of agriculture, trade
and consumer protection (DATCP) for administration and enforcement. Other sections
of ch. 134 are not assigned to any state agency, which, according to the DATCP, creates
some confusion as to the scope of state agency responsibility for ch. 134. The treatment
of Sections 2 to 35 is necessary to renumber the laws in ch. 134 that are administered
by DATCP to chs. 94 and 100, which DATCP says will help to alleviate this confusion.