1995 Wisconsin Act 27

27,5867 Section 5867 . 218.01 (2a) (c) of the statutes is amended to read:

218.01 (2a) (c) Whenever a licensed dealer, distributor or manufacturer discontinues or disposes of his or her business, such person shall promptly report such fact to the department of transportation and return the license and registration plates issued. Whenever a licensed dealer, distributor or manufacturer discontinues business due to license suspension or revocation, such person shall surrender the licenses and registration plates to the department of transportation for such suspension or revocation period.

27,5868 Section 5868 . 218.01 (2w) (b) of the statutes is amended to read:

218.01 (2w) (b) A manufacturer, importer or distributor shall, for the protection of the buying public, specify the delivery and preparation obligations of its dealers before delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its dealers shall be filed with the department of transportation by every licensed motor vehicle manufacturer, importer or distributor and shall constitute the dealer's only responsibility for product liability as between the dealer and the manufacturer, importer or distributor. Any mechanical, body or parts defects arising from any express or implied warranties of the manufacturer, importer or distributor shall constitute the manufacturer's, importer's or distributor's product or warranty liability. The manufacturer, importer or distributor shall reasonably compensate any authorized dealer who performs work to rectify the manufacturer's, importer's or distributor's product or warranty defects or delivery and preparation obligations or who performs any other work required, requested or approved by the manufacturer, importer or distributor or for which the manufacturer, importer or distributor has agreed to pay, including compensation for labor at a labor rate equal to the effective labor rate charged all customers and for parts at an amount not less than the amount the dealer charges its other retail service customers for parts used in performing similar work by the dealer.

27,5869 Section 5869 . 218.01 (3) (a) 17. of the statutes is amended to read:

218.01 (3) (a) 17. Subject to sub. (3n), being a manufacturer, importer or distributor who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any motor vehicle dealer; or being a manufacturer or importer, who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any distributor. If there is a change in a manufacturer, importer or distributor, a motor vehicle dealer's franchise granted by the former manufacturer, importer or distributor shall continue in full force and operation under the new manufacturer, importer or distributor unless a mutual agreement of cancellation is filed with the department of transportation between the new manufacturer, importer or distributor and the dealer. In this subdivision, “due regard to the equities" means treatment in enforcing an agreement that is fair and equitable to a motor vehicle dealer or distributor and that is not discriminatory compared to similarly situated dealers or distributors; and “just provocation" means a material breach by a motor vehicle dealer or distributor, due to matters within the dealer's or distributor's control, of a reasonable and necessary provision of an agreement and the breach is not cured within a reasonable time after written notice of the breach has been received from the manufacturer, importer or distributor.

27,5870 Section 5870 . 218.01 (3) (a) 36. a. of the statutes is amended to read:

218.01 (3) (a) 36. a. Fails to notify the department of transportation of any revision or addition to an agreement as required under sub. (2) (bd) 1.

27,5871 Section 5871 . 218.01 (3) (a) 36. b. of the statutes is amended to read:

218.01 (3) (a) 36. b. Fails to revise or remove portions of an agreement that the department of transportation declares to contain provisions which are inconsistent with sub. (2) (bm).

27,5872 Section 5872 . 218.01 (3) (bf) 1. of the statutes is amended to read:

218.01 (3) (bf) 1. The department of transportation shall not license as a dealer an applicant for the sale of motor vehicles at retail unless such applicant owns or leases a vehicle display lot and a permanent building wherein there are facilities to display automobiles and motorcycles and facilities to repair functional and nonfunctional parts of motor vehicles and where replacement parts, repair tools and equipment to service motor vehicles are kept, and at which place of business shall be kept and maintained the books, records and files necessary to conduct the business. A residence, tent or temporary stand is not a sufficiently permanent place of business within the meaning of this paragraph.

27,5873 Section 5873 . 218.01 (3) (c) 3. of the statutes is amended to read:

218.01 (3) (c) 3. Matters involving suspensions or revocations brought before the department of transportation shall be heard and decided upon by the division of hearings and appeals. If the department of transportation requests the division of hearings and appeals to hear a matter brought before the department of transportation under subd. 2., the division of hearings and appeals shall hear and decide the matter within 30 days after the date of the department's department of transportation's request.

27,5874 Section 5874 . 218.01 (3) (f) 1. of the statutes is amended to read:

218.01 (3) (f) 1. A manufacturer, importer or distributor who seeks to enter into a franchise agreement establishing or relocating a motor vehicle dealership, parts outlet or service outlet within the relevant market area of an existing enfranchised dealer of the line make of motor vehicle shall first notify in writing the department of transportation and each such existing enfranchised dealer of its intention to establish or relocate a dealership or outlet. Within 30 days of receiving the notice or within 30 days after the end of any appeal procedure provided by the manufacturer, importer or distributor, whichever is later, any existing enfranchised dealer of the same line make to whom the manufacturer, importer or distributor is required to give notice under this subdivision may file with the department of transportation and the division of hearings and appeals a complaint protesting the proposed establishment or relocation of the dealership or outlet within the relevant market area of the existing enfranchised dealer. If a complaint is filed, the department of transportation shall inform the manufacturer, importer or distributor that a timely complaint has been filed, that a hearing is required, and that the proposed franchise agreement may not be entered into until the division of hearings and appeals has held a hearing, nor thereafter, if the division of hearings and appeals determines that there is good cause for not permitting the proposed establishment or relocation of the dealership or outlet. In the event of multiple complaints, hearings shall be consolidated to expedite the disposition of the issue.

27,5875 Section 5875 . 218.01 (3) (fm) 1. of the statutes is amended to read:

218.01 (3) (fm) 1. A manufacturer or distributor may not modify a motor vehicle dealer agreement during the term of the agreement or upon its renewal if the modification substantially and adversely affects the motor vehicle dealer's rights, obligations, investment or return on investment without giving 60 days written notice of the proposed modification to the motor vehicle dealer unless the modification is required by law, court order or the licensor. Within the 60-day notice period the motor vehicle dealer may file with the department of transportation and the division of hearings and appeals and serve upon the respondent a complaint for a determination of whether there is good cause for permitting the proposed modification. The division of hearings and appeals shall promptly schedule a hearing and decide the matter. Multiple complaints pertaining to the same proposed modification shall be consolidated for hearing. The proposed modification may not take effect pending the determination of the matter.

27,5876 Section 5876 . 218.01 (3) (g) of the statutes is amended to read:

218.01 (3) (g) Any person in interest aggrieved by a decision of the division of hearings and appeals may have a review thereof as provided in ch. 227 or aggrieved by an order of the commissioner division of banking may have a review thereof as provided in s. 220.037.

27,5877 Section 5877 . 218.01 (3) (h) of the statutes is amended to read:

218.01 (3) (h) In addition to the licensor's authority to deny, suspend or revoke a license under this section, the commissioner division of banking, after public hearing, may issue a special order enjoining any licensee from engaging in any act or practice which is determined by the commissioner division of banking to be in violation of any provision of par. (a), and the division of hearings and appeals may be petitioned to issue such a special order after notice and hearing thereon.

27,5878 Section 5878 . 218.01 (3a) (title) of the statutes is amended to read:

218.01 (3a) (title) When department to revoke Revocation of license of dealer, distributor, manufacturer, or transporter.

27,5879 Section 5879 . 218.01 (3a) (a) of the statutes is amended to read:

218.01 (3a) (a) If a dealer, distributor or manufacturer is convicted under s. 341.55 (1) a second or subsequent time within the same registration year, the department of transportation shall revoke the license of such dealer, distributor or manufacturer for a period not to exceed one year. For the purposes of this paragraph, the conviction of the employe of a dealer, distributor or manufacturer shall be counted as a conviction of the employer.

27,5880 Section 5880 . 218.01 (3a) (b) of the statutes is amended to read:

218.01 (3a) (b) If a transporter is convicted under s. 341.55 (3) a 2nd or subsequent time within the same license period, the department of transportation shall revoke the license of such transporter for a period not to exceed one year.

27,5881 Section 5881 . 218.01 (3a) (c) of the statutes is amended to read:

218.01 (3a) (c) A dealer, distributor, manufacturer or transporter whose license has been revoked shall forthwith surrender its registration plates to a traffic officer or peace officer designated by the department of transportation. A dealer, distributor, manufacturer or transporter who fails to return the plates as required by this subsection may be fined not more than $200 or imprisoned not more than 6 months or both.

27,5882 Section 5882 . 218.01 (3c) (c) of the statutes is amended to read:

218.01 (3c) (c) If a manufacturer, factory branch or distributor believes it has good cause for refusing to honor the succession to the ownership and operation of a dealership by a family member of a deceased or incapacitated dealer under the existing franchise agreement, such manufacturer, factory branch or distributor may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve upon such designated family member and the department of transportation notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 60 days from the date such notice is served. Such notice shall state the specific grounds for the refusal to honor the succession and the discontinuance of the franchise agreement. If no notice of such refusal and discontinuance is timely served upon the family member and department of transportation, or if the division of hearings and appeals rules in favor of the complainant in a hearing held under par. (d), the franchise agreement shall continue in effect subject to termination only in the manner prescribed in this subchapter.

27,5883 Section 5883 . 218.01 (3c) (d) of the statutes is amended to read:

218.01 (3c) (d) Any designated family member who receives a notice of the manufacturer's, factory branch's or distributor's refusal to honor his or her succession to the ownership and operation of the dealership may, within the 60-day notice period, serve on the respondent and file in triplicate with the division of hearings and appeals a verified complaint for a hearing and determination by the division of hearings and appeals on whether good cause exists for such refusal and discontinuance. The division of hearings and appeals shall forward a copy of the complaint to the department of transportation. The manufacturer, factory branch or distributor shall have the burden of establishing good cause for such refusal by showing that the succession would be detrimental to the public interest or to the representation of the manufacturer, factory branch or distributor. The franchise agreement shall continue in effect until the final determination of the issues raised in such complaint. If the complainant prevails he or she shall have a cause of action against the defendant for reasonable expenses and attorney fees incurred in such matter. If the manufacturer, factory branch or distributor prevails, the division of hearings and appeals shall include in its order approving the termination of the franchise agreement such conditions as are reasonable and adequate to afford the complainant an opportunity to receive fair and reasonable compensation for the value of the dealership.

27,5884 Section 5884 . 218.01 (3x) (b) 1. of the statutes is amended to read:

218.01 (3x) (b) 1. If a motor vehicle dealer's agreement with an affected grantor requires the grantor's prior approval of an action proposed to be undertaken by the dealer under this subsection, a dealer may not voluntarily change its ownership or executive management, transfer its dealership assets to another person, add another franchise at the same location as its existing franchise or relocate a franchise without giving prior written notice of the proposed action to the affected grantor and to the department of transportation. Within 20 days after receiving the notice, the affected grantor may serve the dealer with a written list of the information not already known or in the possession of the grantor that is reasonably necessary in order for the grantor to determine whether the proposed action should be approved. The grantor shall, in good faith, confirm in writing to the dealer the date on which it has received from the dealer or from other sources all the information specified on the list.

27,5885g Section 5885g. 218.01 (3x) (b) 2. of the statutes is amended to read:

218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department of transportation and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the office of the commissioner of transportation under par. (c) 2.

27,5886d Section 5886d. 218.01 (3x) (b) 3. of the statutes is amended to read:

218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department of transportation and the office of the commissioner of transportation and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The office of the commissioner of transportation shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

27,5887 Section 5887 . 218.01 (5) (b) 1. of the statutes is amended to read:

218.01 (5) (b) 1. The commissioner division of banking, department of transportation and division of hearings and appeals shall have the power in hearings arising under this chapter to determine the place, in this state, where they shall be held; to subpoena witnesses and documents; to take and permit the taking of depositions of witnesses residing in or outside of this state and to otherwise permit the discovery and preservation of evidence before hearing, in the manner provided for in civil actions in courts of record; to pay such witnesses the fees and mileage for their attendance as is provided for witnesses in civil actions in courts of record; and to administer oaths.

27,5888 Section 5888 . 218.01 (5) (b) 3. of the statutes is amended to read:

218.01 (5) (b) 3. A person providing information under this paragraph may request that the information be designated as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The commissioner, division of hearings and appeals or licensor shall approve the designation if the person providing the information demonstrates that the release of the information would adversely affect the person's competitive position. At least 15 days before any information designated as a trade secret or as confidential business information is disclosed to any other person, the commissioner, division of hearings and appeals or licensor shall notify the person providing the information. The person providing the information may seek a court order limiting or prohibiting the disclosure. In such cases, the court shall weigh the need for confidentiality of the information against the public interest in disclosure. Confidentiality is waived if the person providing the information consents in writing to disclosure.

27,5889 Section 5889 . 218.01 (6) (b) (intro.) of the statutes is amended to read:

218.01 (6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller shall deliver to the buyer a written statement describing clearly the motor vehicle sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount credited the buyer for any trade-in and a description of the trade-in, the cost to the retail buyer of any insurance, the amount financed which may include the cost of insurance, sales and use taxes, the amount of the finance charge, the amount of any other charge specifying its purpose, the total of payments due from the buyer, the terms of the payment of such total, the amount and date of each payment necessary finally to pay the total and a summary of any insurance coverage to be effected. The commissioner division of banking may determine the form of the statement. If a written order is taken from a prospective purchaser in connection with any instalment sale, the written statement shall be given to the purchaser prior to or concurrent with the signing of the order by the purchaser. The finance charge in a retail instalment sale made prior to April 6, 1980, however computed, excluding the cost of insurance shall not exceed the amount computed on the basis of the following annual percentage rates:

27,5890 Section 5890 . 218.01 (6) (em) of the statutes is amended to read:

218.01 (6) (em) In event the dealer shall finance the instalment sale contract, the commissioner division of banking may permit the dealer to combine the information required by pars. (b) and (e) last above in one statement under such rules and regulations as the commissioner division of banking may from time to time prescribe.

27,5891 Section 5891 . 218.01 (7a) (a) of the statutes is amended to read:

218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form other than the certificate of title.

27,5892 Section 5892 . 218.01 (7a) (b) of the statutes is amended to read:

218.01 (7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle salesperson to fail to provide, upon request of a prospective purchaser, the name and address of the most recent titled owner and of all subsequent nontitled owners, unless exempted from this requirement by rule of the department of transportation, of any motor vehicle offered for sale. If the most recent titled owner of the motor vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the name and address of the previous titled owner.

27,5893 Section 5893 . 218.01 (7b) of the statutes is amended to read:

218.01 (7b) Purchase of motor vehicle by minor. No minor shall purchase any motor vehicle unless the minor, at the time of purchase, submits to the seller a statement verified before a person authorized to administer oaths and made and signed by either parent of the purchaser, if such parent has custody of the minor or, if neither parent has custody, then by the person having custody, setting forth that the purchaser has consent to purchase the vehicle. The signature on the statement shall not impute any liability for the purchase price of the motor vehicle to the consenting person. The statement shall not adversely affect any other arrangement for the assumption of liability for the purchase price which the consenting person may make. The signed statement shall accompany the application for a certificate of title and shall be filed by the department of transportation with the application. Failure to obtain the consent or to forward it with the application for a certificate of title shall not void the contract of sale of a motor vehicle in the hands of an innocent holder, without notice, for value and in the ordinary course of business. Any person who sells a motor vehicle to a minor with knowledge of such fact without procuring such a statement may be fined not more than $200 or imprisoned not more than 6 months or both.

27,5894 Section 5894 . 218.02 (1) (b) of the statutes is repealed.

27,5895 Section 5895 . 218.02 (1) (d) of the statutes is created to read:

218.02 (1) (d) “Division" means the division of banking.

27,5896 Section 5896 . 218.02 (2) (a) of the statutes is amended to read:

218.02 (2) (a) Each adjustment service company shall apply to the commissioner of banking division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the commissioner division in writing, under oath, in a form to be prescribed by the commissioner division. The commissioner division may issue more than one license to the same licensee.

27,5897 Section 5897 . 218.02 (2) (b) of the statutes is amended to read:

218.02 (2) (b) At the time of making application and before engaging in business, every applicant for an adjustment service company license shall pay a nonrefundable $200 fee of $100 to the commissioner for investigating the application and the sum of $100 as an a $200 annual license fee. If the cost of an investigation exceeds $100 $200, the applicant shall, upon demand of the commissioner, pay the excess cost. No investigation fee shall be required on the renewal of a license.

27,5898 Section 5898 . 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

218.02 (2) (b) At the time of making application and before engaging in business, every applicant for an adjustment service company license shall pay a nonrefundable $200 fee to the commissioner division for investigating the application and a $200 annual license fee. If the cost of an investigation exceeds $200, the applicant shall, upon demand of the commissioner division, pay the excess cost. No investigation fee shall be required on the renewal of a license.

27,5899 Section 5899 . 218.02 (2) (c) of the statutes is amended to read:

218.02 (2) (c) The commissioner division may require any licensee either before or after the issuance of the license to file and maintain in force a bond in a form to be prescribed by and acceptable to the commissioner division, in such sum as the commissioner division may deem necessary to safeguard the interest of the borrowers and the public, not exceeding, however, the sum of $5,000.

27,5900 Section 5900 . 218.02 (3) (intro.) of the statutes is amended to read:

218.02 (3) Conditions of the issuance of licenses. (intro.) The commissioner division shall issue a license to the applicant to conduct such business at the office specified in the application in accordance with the provisions of this section, if the commissioner division shall find:

27,5901 Section 5901 . 218.02 (4) of the statutes is amended to read:

218.02 (4) Order denying application. If the commissioner division is not satisfied as to all of the matters specified in sub. (3) the commissioner division shall enter a special order denying the application for a license and shall return the applicant's license fee. The commissioner division shall make findings of fact as part of and in support of the commissioner's division's order denying any application for a license.

27,5902 Section 5902 . 218.02 (5) (b) of the statutes is amended to read:

218.02 (5) (b) Whenever a licensee shall contemplate a change of the licensee's place of business to another location within the same city, village or town, the licensee shall give written notice thereof to the commissioner, who division, which shall attach to the license the commissioner's division's authorization of such removal, specifying the date thereof and the new location. Such authorization shall be authority for the operation of such business under the same license at the specified new location. No change in the place of business of a licensee to a location outside of the original city, village or town shall be permitted under the same license.

27,5903 Section 5903 . 218.02 (5) (c) of the statutes is amended to read:

218.02 (5) (c) Every licensee shall, on or before the tenth day of each December, pay to the commissioner division the annual license fee for the next succeeding calendar year.

27,5904 Section 5904 . 218.02 (6) (intro.) of the statutes is amended to read:

218.02 (6) Revocation; suspension; reinstatement and term of licenses. (intro.) The commissioner division, after complaint, notice and hearings as provided in s. 217.19, shall revoke any license in the following cases:

27,5905 Section 5905 . 218.02 (6) (c) of the statutes is amended to read:

218.02 (6) (c) If any fact or condition exists which, if it had existed at the time of the original application for such license, clearly would have warranted the commissioner division in refusing to issue such license;

27,5906 Section 5906 . 218.02 (7) (intro.) of the statutes is amended to read:

218.02 (7) (title) Powers of commissioner division. (intro.) It shall be the duty of the commissioner division and the commissioner division shall have power, jurisdiction and authority to investigate the conditions and ascertain the facts with reference to such companies and upon the basis thereof:

27,5907 Section 5907 . 218.02 (7) (c) of the statutes is amended to read:

218.02 (7) (c) At any time and so often as the commissioner division may determine to investigate the business and examine the books, accounts, records and files used therein of every licensee. The cost of an examination shall be determined by the commissioner division and shall be paid to the commissioner division by every licensee so examined within 30 days after demand therefor by the commissioner division, and the state may maintain an action for the recovery of such costs in any court of competent jurisdiction;

27,5908 Section 5908 . 218.02 (9) (a) of the statutes is amended to read:

218.02 (9) (a) The commissioner division may make such rules and require such reports as the commissioner division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the commissioner division under this section are subject to review by the consumer credit review board under s. 220.037.

27,5909 Section 5909 . 218.02 (9) (b) of the statutes is amended to read:

218.02 (9) (b) All fees and moneys received by the commissioner division under authority of this chapter shall be paid by the commissioner division into the state treasury within one week after the receipt thereof.

27,5910 Section 5910 . 218.02 (9) (c) of the statutes is amended to read:

218.02 (9) (c) The commissioner division shall investigate, ascertain and determine whether this chapter or the lawful orders issued hereunder are being violated and for such purposes the commissioner division shall have all of the powers conferred by ss. 217.17 and 217.18. The commissioner division shall report all violations to the district attorney of the proper county for prosecution.

27,5911 Section 5911 . 218.04 (1) (c) of the statutes is amended to read:

218.04 (1) (c) “Commissioner" “Division" means the commissioner division of banking.