SB44: Bill Text

SB44, s. 1782 Section 1782. 100.20 (2) (a) of the statutes is amended to read:

SB44,771,15 100.20 (2) (a) The department of justice, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department of justice to be unfair. The department of justice, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department of justice to be fair.

SB44, s. 1783 Section 1783. 100.20 (2) (b) of the statutes is amended to read:

SB44,771,21 100.20 (2) (b) Notwithstanding par. (a), the department of justice may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a manufactured home park operator, as defined in s. 101.91 (8), or manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

SB44, s. 1784 Section 1784. 100.20 (3) of the statutes is amended to read:

SB44,772,4 100.20 (3) The department of justice, after public hearing, may issue a special order against any person, enjoining such person from employing any method of competition in business or trade practice in business which is determined by the department of justice to be unfair or from providing service in violation of sub. (1t). The department of justice, after public hearing, may issue a special order against any person, requiring such person to employ the method of competition in business or trade practice in business which is determined by the department of justice to be fair.

SB44, s. 1785 Section 1785. 100.20 (4) of the statutes is amended to read:

SB44,772,14 100.20 (4) The If the department of justice may file a written complaint with the department alleging that the has reason to believe that a person named is employing unfair methods of competition in business or unfair trade practices in business or both. Whenever such a complaint is filed , it shall be the duty of the department of justice to proceed, after proper notice and in accordance with its rules, to the hearing and adjudication of the matters alleged, and a representative of the department of justice designated by the attorney general may appear before the department in such proceedings. The department of justice shall be entitled to judicial review of the decisions and orders of the department under ch. 227 matter.

SB44, s. 1786 Section 1786. 100.20 (6) of the statutes is amended to read:

SB44,772,23 100.20 (6) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of any order issued under 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 of justice may use its authority in ss. 93.14 and 93.15 to investigate violations of any order issued under this section.

SB44, s. 1787 Section 1787. 100.201 (6) (d) of the statutes is amended to read:

SB44,773,4 100.201 (6) (d) The failure to pay fees under this subsection within the time provided under par. (c) is a violation of this section. The department of justice may also commence an action to recover the amount of any overdue fees plus interest at the rate of 2% per month for each month that the fees are delinquent.

SB44, s. 1788 Section 1788. 100.201 (8m) (intro.) of the statutes is amended to read:

SB44,773,12 100.201 (8m) Jurisdiction. (intro.) This section shall apply to transactions, acts or omissions which take place in whole or in part outside this state. In any action or administrative proceeding the department of justice has jurisdiction of the person served under s. 801.11 when any act or omission outside this state by the defendant or respondent results in local injury or may have the effect of injuring competition or a competitor in this state or unfairly diverts trade or business from a competitor, if at the time:

SB44, s. 1789 Section 1789. 100.201 (9) (b) of the statutes is amended to read:

SB44,773,22 100.201 (9) (b) The department of agriculture, trade, and rural resources, after public hearing held under s. 93.18, may issue a special order against any person requiring such person to cease and desist from acts, practices or omissions determined by the department of agriculture, trade, and rural resources to violate this section. Such orders shall be subject to judicial review under ch. 227. Any violation of a special order issued hereunder shall be punishable as a contempt under ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the filing of an affidavit by the department of justice of the commission of such violation in any court of record in the county where the violation occurred.

SB44, s. 1790 Section 1790. 100.201 (9) (c) of the statutes is amended to read:

SB44,774,4 100.201 (9) (c) The department of justice, in addition to or in lieu of any other remedies herein provided, may apply to a circuit court for a temporary or permanent injunction to prevent, restrain or enjoin any person from violating this section or any special order of the department of agriculture, trade, and rural resources issued hereunder under this section, without being compelled to allege or prove that an adequate remedy at law does not exist.

SB44, s. 1791 Section 1791. 100.205 (7) of the statutes is amended to read:

SB44,774,13 100.205 (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.

SB44, s. 1792 Section 1792. 100.205 (8) of the statutes is amended to read:

SB44,774,17 100.205 (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.

SB44, s. 1793 Section 1793. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

SB44,774,21 100.207 (1) Definition Definitions. (intro.) In this section , "telecommunications:

SB44,774,22 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

SB44, s. 1794 Section 1794. 100.207 (1) (a) of the statutes is created to read:

SB44,774,25 100.207 (1) (a) Notwithstanding s. 93.01 (3), "department" means the department of justice.

SB44, s. 1795 Section 1795. 100.207 (6) (b) 1. of the statutes is amended to read:

SB44,775,12 100.207 (6) (b) 1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, 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.

SB44, s. 1796 Section 1796. 100.207 (6) (b) 2. of the statutes is amended to read:

SB44,775,19 100.207 (6) (b) 2. The department may exercise its authority under ss. 93.14 to 93.16 and 100.18 (11) (c) to shall 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 investigate alleged violations of this section.

SB44, s. 1797 Section 1797. 100.207 (6) (c) of the statutes is amended to read:

SB44,775,25 100.207 (6) (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 the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.

SB44, s. 1798 Section 1798. 100.207 (6) (em) 1. of the statutes is amended to read:

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: