AB100: Bill Text

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).

AB100, s. 1829 Section 1829. 100.52 (1) (bn) of the statutes is created to read:

AB100,886,17 100.52 (1) (bn) Notwithstanding s. 93.01 (3), "department" means the department of justice.

AB100, s. 1830 Section 1830. 101.175 (3) (intro.) of the statutes is amended to read:

AB100,886,22 101.175 (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:

AB100, s. 1831 Section 1831. 101.9208 (1) (dm) of the statutes is amended to read:

AB100,887,5 101.9208 (1) (dm) Upon filing an application under par. (a) or (d), a supplemental title fee of $7.50 by the owner of the manufactured home, except that this fee shall be waived with respect to an application under par. (d) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section. The department shall deposit into the environmental fund all fees collected under this paragraph.

AB100, s. 1832 Section 1832. 102.77 of the statutes is created to read:

AB100,887,8 102.77 Health care worker injury prevention. (1) Definitions. In this section:

AB100,887,9 (a) "Health care facility" has the meaning given in s. 146.997 (1) (c).

AB100,887,10 (b) "Health care provider" has the meaning given in s. 146.997 (1) (d).

AB100,887,12 (c) "Health care worker" means an employee of a health care facility or of a health care provider.

AB100,887,14 (2) Study, education campaign, and grants. From the appropriation account under s. 20.445 (1) (hr), the department shall do all of the following:

AB100,887,15 (a) Conduct a study of injuries to health care workers caused by lifting.

AB100,887,18 (b) Develop and distribute to health care facilities, health care providers, and health care workers informational materials that promote a lift-free working environment for health care workers.

AB100,887,23 (c) Distribute grants to health care facilities and health care providers to assist in the implementation of a lift-free working environment for the health care workers of those health care facilities and health care providers. The department shall require a grant recipient to provide matching funds in an amount determined by the department.

AB100, s. 1833 Section 1833. 102.81 (2) of the statutes is amended to read:

AB100,888,13 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and all provisions of subch. IV of ch. 16, except s. 16.771, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

AB100, s. 1834 Section 1834. 103.49 (5) (a) of the statutes is amended to read:

AB100,888,24 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the state agency authorizing the work a certified record of the information specified in the preceding sentence for that preceding week.

AB100, s. 1835 Section 1835. 106.12 (2) of the statutes is amended to read:

AB100,889,10 106.12 (2) Employment and education program administration. The board shall plan, coordinate, administer, and implement the youth apprenticeship program, school-to-work, and work-based learning programs under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13 or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

AB100, s. 1836 Section 1836. 106.13 (1) of the statutes is renumbered 106.13 (1) (intro.) and amended to read:

AB100,889,14 106.13 (1) (intro.) The department board shall provide a all of the following programs:

AB100,889,16 (a) A youth apprenticeship program that includes the grant programs under subs. (3m) and (4).

AB100, s. 1837 Section 1837. 106.13 (2) of the statutes is amended to read: