AB58: Bill Text

LRB-0562/1

PEN:kmg:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 58

January 21, 1999 - Introduced by Representatives Brandemuehl, Freese, Grothman, Goetsch, Sykora, Gronemus, Turner, Stone, Olsen, Owens, Albers, Lassa and Ryba, cosponsored by Senators Breske, Farrow and Schultz. Referred to Committee on Transportation.

AB58,1,3 An Act to repeal 218.32 (3) (j) and 218.32 (3) (m); and to amend 218.32 (3) (e), 218.32 (3) (f) and 218.32 (3) (i) of the statutes; relating to: administrative action against motor vehicle auction dealer's licenses.

Analysis by the Legislative Reference Bureau

Currently, the department of transportation (DOT) may deny, suspend or revoke a motor vehicle auction dealer's license if the licensee engages in prohibited retail trade practices, including wilfully defrauding a retail buyer. However, because the licensee engages only in wholesale transactions, the prohibitions and penalties do not apply. This bill authorizes DOT to deny, suspend or revoke a motor vehicle auction dealer's license if the licensee wilfully defrauds any buyer, and repeals other inapplicable retail trade prohibitions.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB58, s. 1 Section 1. 218.32 (3) (e) of the statutes is amended to read:

AB58,1,5 218.32 (3) (e) Wilfully defrauding any retail buyer to the buyer's damage.

AB58, s. 2 Section 2. 218.32 (3) (f) of the statutes is amended to read:

AB58,2,2 218.32 (3) (f) Wilful failure to perform any written agreement with any retail buyer.

AB58, s. 3 Section 3. 218.32 (3) (i) of the statutes is amended to read:

AB58,2,6 218.32 (3) (i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.

AB58, s. 4 Section 4. 218.32 (3) (j) of the statutes is repealed.

AB58, s. 5 Section 5. 218.32 (3) (m) of the statutes is repealed.

AB58, s. 6 Section 6. Initial applicability.

AB58,2,11 (1) Motor vehicle auction dealers. This act first applies to transactions with a motor vehicle auction dealer occurring on the effective date of this subsection.

AB58,2,12 (End)