SB166,28,9 (c) Nothing in this section shall be construed as providing the basis for, or being subject to, a private right of action to violations of this section or under any other law.

SB166,28,22 (10) Enforcement; penalties. (a) The department or the department of justice has exclusive authority to enforce violations of this section. The department or the department of justice may commence an action in any court of competent jurisdiction in the name of this state to restrain by temporary or permanent injunction the violation of this section and any order issued under this section and to recover a civil forfeiture of not less than $100 and not more than $10,000 for each violation of this section or of any order, including an injunction, issued under this section. The court may in its discretion, prior to the entry of final judgment, make such orders or judgments as may be necessary to restore 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 may use its authority in ss. 93.14 and 93.15 to investigate violations of this section and any order issued under this section.

SB166,29,7 (b) The department of justice may issue a civil investigative demand to any controller or processor believed to be engaged in, or about to engage in, any violation of this section, and by the civil investigative demand the department of justice may compel the attendance of any officers or agents of the controller or processor, examine the officers or agents of the controller or processor under oath, require the production of any books or papers that the department of justice deems relevant or material to the inquiry, and issue written interrogatories to be answered by the officers or agents of the controller or processor.

SB166,29,16 (c) The department or the department of justice may serve a complaint, notice, order, civil investigative demand, or other process in the manner provided for service of a summons, or a subpoena as provided by s. 885.03, and either may be served by registered mail to an address that the controller or processor previously furnished to the department, the department of justice, or the department of financial institutions. Service may be proved by affidavit. Service in any event may also be by registered mail addressed to the controller or processor and proved by post office return receipt, in which case the time of service is the date borne by the receipt.

SB166,29,20 (d) Notwithstanding s. 814.04 (1), the department or the department of justice may recover reasonable expenses incurred in investigating, preparing, and prosecuting the case, including attorney fees, of any action initiated under this section.

SB166,29,23 (11) Local preemption. No city, village, town, or county may enact or enforce an ordinance that regulates the collection, processing, or sale of personal data.

SB166,2 Section 2. 100.80 (9) (b) 1. of the statutes, as created by 2025 Wisconsin Act .... (this act), is repealed.

SB166,3 Section 3. 100.80 (9) (b) 2. of the statutes, as created by 2025 Wisconsin Act .... (this act), is renumbered 100.80 (9) (b) and amended to read:

SB166,30,8 100.80 (9) (b) Notwithstanding subd. 1., if If a controller or processor continues to violate violates this section in breach of an express written statement provided to the department or the department of justice under subd. 1., the department or the department of justice may initiate an action under this section.

SB166,4 Section 4. Effective dates This act takes effect on July 1, 2027, except as follows:

SB166,30,12 (1) The repeal of s. 100.80 (9) (b) 1. and the renumbering and amendment of s. 100.80 (9) (b) 2. take effect on July 1, 2031.

SB166,30,13 (end)