AB100: Bill Text

AB100, s. 1785 Section 1785. 100.201 (6) (d) of the statutes is amended to read:

AB100,876,13 100.201 (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.

AB100, s. 1786 Section 1786. 100.201 (8m) (intro.) of the statutes is amended to read:

AB100,876,21 100.201 (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:

AB100, s. 1787 Section 1787. 100.201 (9) (b) of the statutes is amended to read:

AB100,877,7 100.201 (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 under this paragraph 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.

AB100, s. 1788 Section 1788. 100.201 (9) (c) of the statutes is amended to read:

AB100,877,14 100.201 (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.

AB100, s. 1789 Section 1789. 100.205 (7) of the statutes is amended to read:

AB100,877,23 100.205 (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.

AB100, s. 1790 Section 1790. 100.205 (8) of the statutes is amended to read:

AB100,878,3 100.205 (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.

AB100, s. 1791 Section 1791. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB100,878,7 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB100,878,8 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB100, s. 1792 Section 1792. 100.207 (1) (a) of the statutes is created to read:

AB100,878,11 100.207 (1) (a) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1793 Section 1793. 100.207 (6) (b) 1. of the statutes is amended to read:

AB100,878,23 100.207 (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.

AB100, s. 1794 Section 1794. 100.207 (6) (b) 2. of the statutes is amended to read:

AB100,879,6 100.207 (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.

AB100, s. 1795 Section 1795. 100.207 (6) (c) of the statutes is amended to read:

AB100,879,12 100.207 (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.

AB100, s. 1796 Section 1796. 100.207 (6) (em) 1. of the statutes is amended to read:

AB100,879,18 100.207 (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.

AB100, s. 1797 Section 1797. 100.207 (6) (em) 2. of the statutes is amended to read:

AB100,879,22 100.207 (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.

AB100, s. 1798 Section 1798. 100.208 (2) (intro.) of the statutes is amended to read:

AB100,879,25 100.208 (2) (intro.) The department of justice shall notify the public service commission if any of the following conditions exists:

AB100, s. 1799 Section 1799. 100.208 (2) (b) of the statutes is amended to read:

AB100,880,4 100.208 (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.

AB100, s. 1800 Section 1800. 100.209 (3) of the statutes is amended to read:

AB100,880,10 100.209 (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).

AB100, s. 1801 Section 1801. 100.209 (4) (b) of the statutes is amended to read:

AB100,880,13 100.209 (4) (b) The department of justice and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

AB100, s. 1802 Section 1802. 100.2095 (6) (b) of the statutes is amended to read:

AB100,880,19 100.2095 (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.

AB100, s. 1803 Section 1803. 100.2095 (6) (c) of the statutes is amended to read:

AB100,880,23 100.2095 (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).

AB100, s. 1804 Section 1804. 100.21 (2) (a) of the statutes is amended to read:

AB100,881,5 100.21 (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.

AB100, s. 1805 Section 1805. 100.21 (4) (a) (intro.) of the statutes is amended to read:

AB100,881,8 100.21 (4) (a) (intro.) The department may, after public hearing, issue general or special orders under s. 100.20:

AB100, s. 1806 Section 1806. 100.22 (4) (b) of the statutes is amended to read:

AB100,881,14 100.22 (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.

AB100, s. 1807 Section 1807. 100.235 (11) (a) of the statutes is amended to read:

AB100,881,19 100.235 (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.

AB100, s. 1808 Section 1808. 100.26 (6) of the statutes is amended to read:

AB100,882,5 100.26 (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.

AB100, s. 1809 Section 1809. 100.261 (1) of the statutes is amended to read:

AB100,882,14 100.261 (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. chs. 98 or 133, a rule promulgated under this chapter or ch. chs. 98 or 133, or an ordinance enacted under this chapter or ch. chs. 98 or 133, the court shall also impose a consumer protection surcharge under ch. 814 in an amount equal to 25% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer protection surcharge upon 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 surcharge in proportion to the suspension.

AB100, s. 1810 Section 1810. 100.261 (3) (b) of the statutes is amended to read:

AB100,882,20 100.261 (3) (b) The secretary of administration shall deposit the consumer protection surcharges imposed under ch. 814 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).

AB100, s. 1811 Section 1811. 100.261 (3) (d) of the statutes is created to read:

AB100,883,2 100.261 (3) (d) The state treasurer shall deposit the consumer protection surcharge 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).

AB100, s. 1812 Section 1812. 100.261 (3) (e) of the statutes is created to read:

AB100,883,5 100.261 (3) (e) The amount credited to the appropriation account under s. 20.455 (1) (g) may not exceed $375,000 in each fiscal year.

AB100, s. 1813 Section 1813. 100.263 of the statutes is amended to read:

AB100,883,18 100.263 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 section 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).

AB100, s. 1814 Section 1814. 100.28 (4) (b) of the statutes is amended to read:

AB100,883,22 100.28 (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.

AB100, s. 1815 Section 1815. 100.28 (4) (c) of the statutes is amended to read:

AB100,884,3 100.28 (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).

AB100, s. 1816 Section 1816. 100.31 (4) of the statutes is amended to read:

AB100,884,10 100.31 (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.

AB100, s. 1817 Section 1817. 100.31 (5) of the statutes is amended to read:

AB100,884,17 100.31 (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.

AB100, s. 1818 Section 1818. 100.37 (1) (am) of the statutes is created to read:

AB100,884,20 100.37 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1819 Section 1819. 100.38 (5) of the statutes is amended to read:

AB100,884,25 100.38 (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.

AB100, s. 1820 Section 1820. 100.38 (6) of the statutes is amended to read:

AB100,885,4 100.38 (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.

AB100, s. 1821 Section 1821. 100.41 (1) (bn) of the statutes is created to read:

AB100,885,7 100.41 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1822 Section 1822. 100.42 (1) (cm) of the statutes is created to read:

AB100,885,10 100.42 (1) (cm) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1823 Section 1823. 100.43 (1) (am) of the statutes is created to read:

AB100,885,13 100.43 (1) (am) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1824 Section 1824. 100.44 (5) of the statutes is amended to read:

AB100,885,21 100.44 (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.

AB100, s. 1825 Section 1825. 100.46 (1) of the statutes is amended to read:

AB100,885,25 100.46 (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.

AB100, s. 1826 Section 1826. 100.46 (2) of the statutes is amended to read:

AB100,886,6 100.46 (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).

AB100, s. 1827 Section 1827. 100.50 (6) (b) of the statutes is amended to read:

AB100,886,10 100.50 (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.

AB100, s. 1828 Section 1828. 100.50 (6) (c) of the statutes is amended to read:

AB100,886,14 100.50 (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).