SB44: Bill Text

SB44,776,6 100.207 (6) (em) 1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.

SB44, s. 1799 Section 1799. 100.207 (6) (em) 2. of the statutes is amended to read:

SB44,776,10 100.207 (6) (em) 2. The department shall submit the recommendations under subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2) and to the board of agriculture, trade and consumer protection.

SB44, s. 1800 Section 1800. 100.208 (2) (intro.) of the statutes is amended to read:

SB44,776,13 100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:

SB44, s. 1801 Section 1801. 100.208 (2) (b) of the statutes is amended to read:

SB44,776,17 100.208 (2) (b) The department of justice has issued an order under s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.

SB44, s. 1802 Section 1802. 100.209 (3) of the statutes is amended to read:

SB44,776,23 100.209 (3) Rules and local ordinances allowed. This section does not prohibit the department of justice from promulgating a rule or from issuing an order consistent with its authority under this chapter 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).

SB44, s. 1803 Section 1803. 100.209 (4) (b) of the statutes is amended to read:

SB44,777,2 100.209 (4) (b) The department of justice and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

SB44, s. 1804 Section 1804. 100.2095 (6) (b) of the statutes is amended to read:

SB44,777,8 100.2095 (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.

SB44, s. 1805 Section 1805. 100.2095 (6) (c) of the statutes is amended to read:

SB44,777,12 100.2095 (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).

SB44, s. 1806 Section 1806. 100.21 (2) (a) of the statutes is amended to read:

SB44,777,18 100.21 (2) (a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is also an unfair method of competition and trade practice prohibited under s. 100.20.

SB44, s. 1807 Section 1807. 100.21 (4) (a) (intro.) of the statutes is amended to read:

SB44,777,21 100.21 (4) (a) (intro.) The department may, after public hearing, issue general or special orders under s. 100.20:

SB44, s. 1808 Section 1808. 100.22 (4) (b) of the statutes is amended to read:

SB44,778,2 100.22 (4) (b) The department of justice may, without alleging or proving that no other adequate remedy at law exists, bring an action on behalf of the department of agriculture, trade, and rural resources to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.

SB44, s. 1809 Section 1809. 100.235 (11) (a) of the statutes is amended to read:

SB44,778,7 100.235 (11) (a) Forfeiture. Any person who violates this section or any rule promulgated or order issued under this section may be required to forfeit not less than $100 nor more than $10,000. Notwithstanding s. 165.25 (1), the department may commence an action to recover a forfeiture under this paragraph.

SB44, s. 1810 Section 1810. 100.26 (6) of the statutes is amended to read:

SB44,778,18 100.26 (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 Any person violating 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 is subject to a forfeiture of not less than $100 nor more than $10,000 for each violation. Any person violating an order issued under s. 100.20 is subject to a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under s. 100.20.

SB44, s. 1811 Section 1811. 100.261 (1) of the statutes is amended to read:

SB44,779,2 100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, or ch. 98 or 133, a rule promulgated under this chapter or ch. 98 or 133, or an ordinance enacted under this chapter or ch. 98 or 133, the court shall also impose a consumer protection assessment in an amount equal to 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer protection assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

SB44, s. 1812 Section 1812. 100.261 (2) of the statutes is amended to read:

SB44,779,9 100.261 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection assessment required under this section. If the deposit is forfeited, the amount of the consumer protection assessment shall be transmitted to the state treasurer secretary of administration under sub. (3). If the deposit is returned, the consumer protection assessment shall also be returned.

SB44, s. 1813 Section 1813. 100.261 (3) (a) of the statutes is amended to read:

SB44,779,14 100.261 (3) (a) The clerk of court shall collect and transmit the consumer protection assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 1814 Section 1814. 100.261 (3) (b) of the statutes is amended to read:

SB44,779,20 100.261 (3) (b) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of ch. 98, a rule promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

SB44, s. 1815 Section 1815 . 100.261 (3) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,780,2 100.261 (3) (b) The state treasurer secretary of administration shall deposit the consumer protection assessment amounts imposed for a violation of ch. 98, a rule promulgated under ch. 98, or an ordinance enacted under ch. 98 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

SB44, s. 1816 Section 1816. 100.261 (3) (d) of the statutes is created to read:

SB44,780,8 100.261 (3) (d) The state treasurer shall deposit the consumer protection assessment amounts imposed for a violation of this chapter or ch. 133, a rule promulgated under this chapter or ch. 133, or an ordinance enacted under this chapter in the general fund and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to the limit under par. (e).

SB44, s. 1817 Section 1817. 100.261 (3) (e) of the statutes is created to read:

SB44,780,11 100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $375,000 in each fiscal year.

SB44, s. 1818 Section 1818. 100.263 of the statutes is amended to read:

SB44,780,24 100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department state the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice amounts awarded under this subsection shall deposit be deposited in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB44, s. 1819 Section 1819. 100.28 (4) (b) of the statutes is amended to read:

SB44,781,3 100.28 (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.

SB44, s. 1820 Section 1820. 100.28 (4) (c) of the statutes is amended to read:

SB44,781,7 100.28 (4) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

SB44, s. 1821 Section 1821. 100.31 (4) of the statutes is amended to read:

SB44,781,14 100.31 (4) Penalties. For any violation of this section, the department of justice or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

SB44, s. 1822 Section 1822. 100.31 (5) of the statutes is amended to read:

SB44,781,21 100.31 (5) Special remedies. The department of justice or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department of justice or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.

SB44, s. 1823 Section 1823. 100.37 (1) (am) of the statutes is created to read:

SB44,781,24 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1824 Section 1824. 100.38 (5) of the statutes is amended to read:

SB44,782,4 100.38 (5) Inspection. The department of justice shall enforce this section by inspection, chemical analyses or any other appropriate method and the department of justice may promulgate such rules as are necessary to effectively enforce this section.

SB44, s. 1825 Section 1825. 100.38 (6) of the statutes is amended to read:

SB44,782,8 100.38 (6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department of justice may bring an action to enjoin violations of this section.

SB44, s. 1826 Section 1826. 100.41 (1) (bn) of the statutes is created to read:

SB44,782,11 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1827 Section 1827. 100.42 (1) (cm) of the statutes is created to read:

SB44,782,14 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1828 Section 1828. 100.43 (1) (am) of the statutes is created to read:

SB44,782,17 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1829 Section 1829. 100.44 (5) of the statutes is amended to read:

SB44,782,25 100.44 (5) Enforcement. For any violation of sub. (3), the department of justice may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.

SB44, s. 1830 Section 1830. 100.46 (1) of the statutes is amended to read:

SB44,783,4 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

SB44, s. 1831 Section 1831. 100.46 (2) of the statutes is amended to read:

SB44,783,10 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

SB44, s. 1832 Section 1832. 100.50 (6) (b) of the statutes is amended to read:

SB44,783,14 100.50 (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.

SB44, s. 1833 Section 1833. 100.50 (6) (c) of the statutes is amended to read:

SB44,783,18 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).

SB44, s. 1834 Section 1834. 100.52 (1) (bn) of the statutes is created to read:

SB44,783,21 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1835 Section 1835. 101.055 (8) (b) of the statutes is amended to read:

SB44,784,6 101.055 (8) (b) A state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the personnel commission alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge. A public employee other than a state employee who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (ar) may file a complaint with the division of equal rights alleging discrimination or discharge, within 30 days after the employee received knowledge of the discrimination or discharge.

SB44, s. 1836 Section 1836. 101.055 (8) (c) of the statutes is amended to read:

SB44,784,23 101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the division of equal rights, whichever is applicable, shall, except as provided in s. 230.45 (1m), investigate the complaint and determine whether there is probable cause to believe that a violation of par. (ar) has occurred. If the personnel commission or the division of equal rights finds probable cause it shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved, the personnel commission or the division of equal rights shall hold a hearing on the complaint within 60 days after receipt of the complaint unless both parties to the proceeding agree otherwise. Within 30 days after the close of the hearing, the personnel commission or the division of equal rights shall issue its decision. If the personnel commission or the division of equal rights determines that a violation of par. (ar) has occurred, it shall order appropriate relief for the employee, including restoration of the employee to his or her former position with back pay, and shall order any action necessary to ensure that no further discrimination occurs. If the personnel commission or the division of equal rights determines that there has been no violation of par. (ar), it shall issue an order dismissing the complaint.

SB44, s. 1837 Section 1837. 101.055 (8) (d) of the statutes is amended to read:

SB44,785,2 101.055 (8) (d) Orders of the personnel commission and the division of equal rights under this subsection are subject to judicial review under ch. 227.

SB44, s. 1838 Section 1838. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

SB44,785,7 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a) 560.60 (1) (v), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB44, s. 1839 Section 1839. 101.143 (9m) (g) 2. of the statutes is amended to read:

SB44,785,16 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $342,000,000 $457,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

SB44, s. 1840 Section 1840. 101.175 (3) (intro.) of the statutes is amended to read:

SB44,785,21 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:

SB44, s. 1841 Section 1841. 101.563 (2) (a) of the statutes is amended to read:

SB44,786,13 101.563 (2) (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer secretary of administration under par. (b) 1., the department shall certify to the state treasurer secretary of administration the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer secretary of administration shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer secretary of administration may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.

SB44, s. 1842 Section 1842. 101.563 (2) (b) 1. of the statutes is amended to read: