AB820,7,2219 100.33 (1) (er) "Retail sale" and "sale at retail" mean a transfer for valuable
20consideration, made in the ordinary course of trade or in the usual conduct of a
21retailer's business, of title to tangible personal property to the purchaser for
22consumption or use other than resale or further processing or manufacturing.
AB820, s. 10 23Section 10. 100.33 (1) (g) of the statutes is repealed.
AB820, s. 11 24Section 11. 100.33 (1) (h) of the statutes is amended to read:
AB820,8,4
1100.33 (1) (h) "Sales at wholesale" has the meaning given in s. 100.30 (2) (i)
2means a transfer for valuable consideration, made in the ordinary course of trade or
3in the usual conduct of a wholesaler's business, of title to tangible personal property
4to the purchaser for purposes of resale or further processing or manufacturing
.
AB820, s. 12 5Section 12. 100.33 (1) (i) of the statutes is created to read:
AB820,8,96 100.33 (1) (i) "Wholesaler" includes a person engaged in the business of making
7sales at wholesale within this state, except that in the case of a person engaged in
8the business of selling both at wholesale and at retail, "wholesaler" applies only to
9the wholesale portion of that business.
AB820, s. 13 10Section 13. 133.03 (1) of the statutes is amended to read:
AB820,8,1711 133.03 (1) Every contract, combination in the form of trust or otherwise, or
12conspiracy, in restraint of trade or commerce is illegal. Every person who makes any
13contract or engages in any combination or conspiracy in restraint of trade or
14commerce is guilty of a Class H felony, except that, notwithstanding the maximum
15fine specified in s. 939.50 (3) (h), the person may be fined not more than $100,000
16$1,000,000 if a corporation, or, if any other person, may be fined not more than
17$50,000 $250,000.
AB820, s. 14 18Section 14. 133.03 (2) of the statutes is amended to read:
AB820,8,2419 133.03 (2) Every person who monopolizes, or attempts to monopolize, or
20combines or conspires with any other person or persons to monopolize any part of
21trade or commerce is guilty of a Class H felony, except that, notwithstanding the
22maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
23$100,000 $1,000,000 if a corporation, or, if any other person, may be fined not more
24than $50,000 $250,000.
AB820, s. 15 25Section 15. 133.03 (3) of the statutes is amended to read:
AB820,9,5
1133.03 (3) As an alternative to the criminal penalties for violation of this
2section, the department of justice or district attorney may bring an action for a civil
3forfeiture. In an action for a civil forfeiture under this subsection a corporation may
4be required to forfeit not more than $100,000 $1,000,000 and any other person may
5be required to forfeit not more than $50,000 $250,000.
AB820, s. 16 6Section 16. 133.04 (2) of the statutes is amended to read:
AB820,9,87 133.04 (2) Any person violating this section may be fined not more than
8$25,000 $50,000 or imprisoned in the county jail for not more than one year or both.
AB820, s. 17 9Section 17. 133.04 (3) of the statutes is amended to read:
AB820,9,1310 133.04 (3) As an alternative to the criminal penalty for violation of this section,
11the department of justice or district attorney may bring an action for a civil forfeiture.
12In an action for a civil forfeiture under this subsection a person who violates this
13section may be required to forfeit not more than $25,000 $50,000.
AB820, s. 18 14Section 18. 133.05 (3) of the statutes is amended to read:
AB820,9,1715 133.05 (3) Any person knowingly violating this section may be fined not more
16than $25,000 $50,000 or imprisoned in the county jail for not more than one year or
17both.
AB820, s. 19 18Section 19. 133.05 (4) of the statutes is amended to read:
AB820,9,2219 133.05 (4) As an alternative to the criminal penalty for violation of this section,
20the department of justice or district attorney may bring an action for a civil forfeiture.
21In an action for a civil forfeiture under this subsection a person who violates this
22section may be required to forfeit not more than $25,000 $50,000.
AB820, s. 20 23Section 20. 134.04 (1) of the statutes is amended to read:
AB820,9,2524 134.04 (1) No person, firm or corporation engaged in any enterprise in this
25state shall by any method or procedure directly or indirectly by itself or through a

1subsidiary agency owned or controlled in whole or in part by such person, firm or
2corporation, sell or procure for sale or have in its possession or under its control for
3sale to its employees or any person any article, material, product or merchandise of
4whatsoever nature not of the person's, firm's or corporation's production or not
5handled in the person's, firm's or corporation's regular course of trade, excepting
6meals, candy bars, cigarettes and tobacco for the exclusive use and consumption of
7such employees of the employer, and excepting tools used by employees in said
8enterprise and such specialized appliances and paraphernalia as may be required in
9said enterprise for the employees' safety or health and articles used by employees or
10other persons which insure better sanitary conditions and quality in the
11manufacture of food or food products. The provisions of this subsection shall not
12apply to lumber producers, loggers and dealers nor to any cooperative association
13organized under ch. 185 or 193. This section shall not be construed as authorizing
14the sale of any merchandise at less than cost as defined in s. 100.30.
AB820, s. 21 15Section 21. 139.39 (3) of the statutes is amended to read:
AB820,10,1916 139.39 (3) The secretary may suspend or revoke the permit of any permittee
17who violates ss. 100.30 or 139.30 to 139.44 or any rules adopted under sub. (1). The
18secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
19times within a 5-year period.
AB820, s. 22 20Section 22. 165.065 of the statutes is amended to read:
AB820,11,3 21165.065 Assistant attorney generals; antitrust. (1) At least one assistant
22attorney general shall be assigned to the investigation and prosecution of violations
23arising under s. 100.301 and ch. 133 and shall carry out the duties imposed on the
24attorney general by s. 100.301 and ch. 133. All apparent violations of s. 100.301 and
25ch. 133 which come to the attention of any officer or agency of state government shall

1be reported to one of such assistant attorneys general. All officers and agencies shall
2cooperate with and assist the department of justice in the investigation and
3prosecution of such apparent violations.
AB820,11,12 4(2) The assistant attorney general in charge of antitrust investigations and
5prosecutions is to cooperate actively with the antitrust division of the U.S.
6department of justice in everything that concerns monopolistic practices in
7Wisconsin, and also to cooperate actively with the department of agriculture, trade
8and consumer protection in the work which this agency is carrying on under s. 100.20
9of the marketing law with regard to monopolistic practices in the field of agriculture,
10under s. 100.301 with regard to prohibited pricing,
and with the federal trade
11commission on matters arising in or affecting Wisconsin which pertain to its
12jurisdiction.
AB820, s. 23 13Section 23. 814.04 (intro.) of the statutes, as affected by 2005 Wisconsin Act
14458
, is amended to read:
AB820,11,19 15814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
16(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4)
17(d), 769.313, 814.025, 802.05, 814.245, 895.035 (4), 895.506, 895.443 (3), 895.444 (2),
18895.445 (3), 895.446 (3), 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
19when allowed costs shall be as follows:
AB820, s. 24 20Section 24. 951.10 (2) of the statutes is amended to read:
AB820,11,2421 951.10 (2) No retailer, as defined in s. 100.30 (2) (e) 100.33 (1) (eg), may sell,
22offer for sale, barter, or give away living baby rabbits, baby chicks, ducklings, or other
23fowl under 2 months of age in any quantity less than 6 unless in the business of
24selling these animals for agricultural, wildlife, or scientific purposes.
AB820,11,2525 (End)
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