SB357: Bill Text

SB357,86,20 2. The commitment described in subd. 1. shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under sub. (11) (a). The center shall file with the department of justice any agreement, instrument or other document necessary to enforce the commitment against the center or any relevant 3rd party, or both.

SB357,87,7 3. For 6 or more weight reduction centers owned or operated under the same trade name, the amount of the financial commitment under pars. (a) and (b) for those weight reduction centers is not required to exceed a total of $150,000. For a weight reduction center that submits to the department of justice evidence satisfactory to the department that the weight reduction center collected a total of $50,000 or more but less than $100,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $10,000. For a weight reduction center that submits to the department of justice evidence satisfactory to the department that the weight reduction center collected less than a total of $50,000 from buyers of its center services in the previous calendar year, the amount of the financial commitment under pars. (a) and (b) is not required to exceed $5,000.

SB357,87,10 (15) (a) (intro.) The department of justice and the department of agriculture, trade and consumer protection shall cooperatively investigate violations of this section or s. 100.178 (2) or (4). The department of justice may on behalf of the state:

SB357,87,14 (am) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under sub. (11) (a).

SB357, s. 150 Section 150. 100.178 (1) (c) of the statutes is amended to read:

SB357,87,17 100.178 (1) (c) "Fitness center" has the meaning given under s. 100.177 134.70 (1) (c).

SB357, s. 151 Section 151. 100.178 (4) of the statutes is amended to read:

SB357,87,22 100.178 (4) A fitness center shall post a notice or notices on its premises stating the requirements of sub. (2) and the penalty for a violation of sub. (2) under s. 100.177 134.70 (15) (a). The notice shall comply with the rules promulgated by the department under sub. (5) (d).

SB357, s. 152 Section 152. 100.178 (7) of the statutes is amended to read:

SB357,88,2 100.178 (7) A violation of sub. (2) or (4) is subject to s. 100.177 134.70 (15) (a). This subsection or s. 100.177 134.70 (15) (a) does not preclude a person injured as a result of a violation of this section from pursuing any other available equitable or legal relief.

SB357, s. 153 Section 153. 100.18 (8) of the statutes is amended to read:

SB357,88,22 100.18 (8) Every wholesaler and every other person selling or distributing motor fuel in this state shall keep posted in a conspicuous place, most accessible to the public at his or her place of business, and on every pump from which delivery is made directly into the fuel tank attached to a motor vehicle, a placard showing the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. On pumps or other dispensing equipment from which motor fuel is sold and delivered directly into fuel supply tanks attached to motor vehicles, such posting shall be in figures not less than one inch high, except that no such placard shall be required on a computer pump whereon the total net selling price per gallon including all taxes is legibly shown on its face. Except for sales to drivers of motor vehicles used by physically disabled persons under s. 100.51 134.85 (5), all sales shall be made at the posted price. Delivery slips shall also show the net selling price per gallon of all grades of motor fuel and the amount of all taxes per gallon thereon. If the wholesaler or person has more than one place of business in this state, the wholesaler or person shall post that placard at all of his or her places of business. All prices posted shall remain in effect for at least 24 hours after they are posted. It shall be considered deceptive advertising to advertise or represent in any manner the price of motor fuel offered for sale at retail to be less than the price so posted on each pump.

SB357, s. 154 Section 154. 100.18 (11) (b) 1. of the statutes is created to read:

SB357,89,7 100.18 (11) (b) 1. The department of agriculture, trade and consumer protection may request that the department of justice commence an action to enjoin a violation of this section. If the department of agriculture, trade and consumer protection so requests, the department of justice shall proceed with the requested action within a reasonable period of time or provide the department of agriculture, trade and consumer protection with a brief statement of its reasons for not proceeding. The department of justice shall further provide the department of agriculture, trade and consumer protection with periodic summaries of all activity under this section.

SB357, s. 155 Section 155. 100.18 (11) (d) of the statutes is amended to read:

SB357,89,20 100.18 (11) (d) The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may in its discretion, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority under par. (c) to aid in the investigation of alleged violations of this section.

SB357, s. 156 Section 156. 100.182 (5) (a) of the statutes is amended to read:

SB357,90,3 100.182 (5) (a) Any district attorney, after informing the department of justice, or the department of agriculture, trade and consumer protection or the department of justice may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department of justice may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

SB357, s. 157 Section 157. 100.182 (5) (b) of the statutes is amended to read:

SB357,90,11 100.182 (5) (b) In lieu of instituting or continuing an action under this subsection, the department or the department of justice may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the either department prevents the other department and all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.

SB357, s. 158 Section 158. 100.205 of the statutes is renumbered 134.178, and 134.178 (7) and (8), as renumbered, are amended to read:

SB357,90,21 134.178 (7) The department of justice, or any district attorney on informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.

SB357,90,24 (8) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.

SB357, s. 159 Section 159. 100.206 of the statutes is renumbered 134.24, and 134.24 (2) (a) (intro.), as renumbered, is amended to read:

SB357,91,4 134.24 (2) (a) (intro.) File annually for public inspection with the department of justice all of the following:

SB357, s. 160 Section 160. 100.207 (title) and (1) to (5) of the statutes are renumbered 134.179 (title) and (1) to (5).

SB357, s. 161 Section 161. 100.207 (6) (b), (c), (e) and (f) of the statutes are renumbered 134.179 (6) (b), (c), (e) and (f), and 134.179 (6) (b) 1. and 2., (c) and (e), as renumbered, are amended to read:

SB357,91,20 134.179 (6) (b) 1. The department of justice, after consulting with on its own initiative or at the request of the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or ch. 196. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

SB357,92,2 2. The department of agriculture, trade and consumer protection may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to administer this section. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of alleged violations of this section.

SB357,92,8 (c) Any person who violates subs. (2) to (4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with on its own initiative or at the request of the department of agriculture, trade and consumer protection, or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB357,92,11 (e) Subject to par. (em), the The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall promulgate rules under this section.

SB357, s. 162 Section 162. 100.207 (6) (em) of the statutes is repealed.

SB357, s. 163 Section 163. 100.209 of the statutes is renumbered 134.42, and 134.42 (3) and (4) (b), as renumbered, are amended to read:

SB357,92,20 134.42 (3) Rules and local ordinances allowed. This section does not prohibit the department of agriculture, trade and consumer protection from promulgating a rule or from issuing an order consistent with its authority under this chapter ch. 100 that gives a subscriber greater rights than the rights under sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under sub. (2).

SB357,92,22 (4) (b) The department attorney general and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

SB357, s. 164 Section 164. 100.2095 (6) (b) of the statutes is amended to read:

SB357,93,3 100.2095 (6) (b) The department of justice may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (3), (4) or (5). Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.

SB357, s. 165 Section 165. 100.2095 (6) (c) of the statutes is amended to read:

SB357,93,7 100.2095 (6) (c) The department of justice or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).

SB357, s. 166 Section 166. 100.2095 (6) (d) of the statutes is amended to read:

SB357,93,11 100.2095 (6) (d) A person who violates sub. (3), (4) or (5) may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than one year 9 months or both. Each day of violation constitutes a separate offense.

SB357, s. 167 Section 167. 100.21 (3) (a) of the statutes is amended to read:

SB357,93,18 100.21 (3) (a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. The department of justice may request the department of agriculture, trade and consumer protection to issue a written request under this paragraph for information to substantiate an energy savings or safety claim. Failure to submit information requested under this subsection is a violation of sub. (2) (a).

SB357, s. 168 Section 168. 100.26 (1) of the statutes is amended to read:

SB357,93,23 100.26 (1) Any person who violates any provision of this chapter, except s. 100.18, or 100.20, 100.206 or 100.51, for which no specific penalty is prescribed shall be fined not to exceed $200, or imprisoned in the county jail not more than 6 months or both.

SB357, s. 169 Section 169. 100.26 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,94,3 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 170 Section 170. 100.26 (5) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,94,9 100.26 (5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both. Each day of violation constitutes a separate offense.

SB357, s. 171 Section 171. 100.26 (6) of the statutes is amended to read:

SB357,94,18 100.26 (6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under s. 100.18, 100.182 or 100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of or an order issued under s. 100.20.

SB357, s. 172 Section 172. 100.26 (7) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,94,25 100.26 (7) Any person violating s. 100.182 shall may be fined not less than $500 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

SB357, s. 173 Section 173. 100.264 (2) (intro.) of the statutes is amended to read:

SB357,95,9 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or 100.46 or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:

SB357, s. 174 Section 174. 100.264 (3) of the statutes is amended to read:

SB357,95,15 100.264 (3) Priority for restitution. If the court orders restitution under s. 100.18 (11) (d), 100.182 (5) (a), 100.20 (6), 100.205 (7), 100.207 (6) (b) 1. or 100.44 (5) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.

SB357, s. 175 Section 175. 100.28 of the statutes is renumbered 134.78, and 134.78 (4) (b) and (c), as renumbered, are amended to read:

SB357,95,20 134.78 (4) (b) In lieu of or in addition to forfeitures under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB357,95,22 (c) The department of justice, or any district attorney upon the request of the department, may commence an action in the name of the state under par. (a) or (b).

SB357, s. 176 Section 176. 100.50 of the statutes is renumbered 134.79, and 134.79 (6) (b) and (c), as renumbered, are amended to read:

SB357,96,3 134.79 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB357,96,5 (c) The department of justice, or any district attorney upon the request of the department, may commence an action in the name of the state under par. (a) or (b).

SB357, s. 177 Section 177. 100.51 of the statutes is renumbered 134.85, and 134.85 (3) (a), as renumbered, is amended to read:

SB357,96,11 134.85 (3) (a) The department of justice on behalf of the state or any person who claims injury as a result of a violation of sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.

SB357, s. 178 Section 178. 101.143 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,96,17 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

SB357, s. 179 Section 179. 101.94 (8) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,96,23 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 180 Section 180. 102.835 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,6 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

SB357, s. 181 Section 181. 102.835 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,14 102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 182 Section 182. 102.85 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,97,19 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB357, s. 183 Section 183. 108.225 (11) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,2 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.

SB357, s. 184 Section 184. 108.225 (18) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,10 108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 185 Section 185. 110.07 (5) (a) of the statutes is amended to read:

SB357,98,14 110.07 (5) (a) In this subsection, "bulletproof garment" has the meaning given in s. 939.64 (1) means a vest or other garment designed, redesigned or adapted to prevent bullets from penetrating through the garment.

SB357, s. 186 Section 186. 111.91 (2) (n) of the statutes is amended to read:

SB357,98,17 111.91 (2) (n) The provision to employes of the health insurance coverage required under s. 632.895 (11) to (13) (14).

SB357, s. 187 Section 187. 114.20 (18) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,98,24 114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, or who knowingly foregoes the submission of any application, document, or any registration certificate or transfer shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 188 Section 188. 115.31 (2g) of the statutes is amended to read:

SB357,99,5 115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C or, D, E, F, G or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991.

SB357, s. 189 Section 189. 118.19 (4) (a) of the statutes is amended to read:

SB357,99,13 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license to any person who has been convicted of any Class A, B, C or, D, E, F, G or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.