Amendment ASA1-AB402

AB402-ASA1, s. 120 Section 120. 159.07 (3) (j) of the statutes is amended to read:

AB402-ASA1,44,20 159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).

AB402-ASA1, s. 121 Section 121. 159.17 (1) (d) of the statutes is amended to read:

AB402-ASA1,44,23 159.17 (1) (d) "Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).

AB402-ASA1, s. 122 Section 122. 166.20 (7g) of the statutes is repealed.

AB402-ASA1, s. 123 Section 123. 168.12 (5m) of the statutes is created to read:

AB402-ASA1,45,6 168.12 (5m) All oil inspection fees paid to the department of transportation under s. 341.45 (1g) (a) in excess of oil inspection fee credits or refunds under s. 341.45 (2) shall be deposited in the petroleum inspection fund. All oil inspection fees credited or refunded by the department of transportation under s. 341.45 (2) in excess of oil inspection fees paid to the department of transportation under s. 341.45 (1g) (a) shall be paid from the petroleum inspection fund.

AB402-ASA1, s. 124 Section 124. 218.01 (2) (bd) 1g. of the statutes is amended to read:

AB402-ASA1,45,16 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department or the office of the commissioner of transportation division of hearings and appeals.

AB402-ASA1, s. 125 Section 125. 218.01 (2) (bd) 1r. of the statutes is amended to read:

AB402-ASA1,45,19 218.01 (2) (bd) 1r. The notice served upon a motor vehicle dealer under subds. 1. and 1g. is not effective unless it conspicuously displays the following statement:

AB402-ASA1,45,20 NOTICE TO DEALER

AB402-ASA1,46,5 YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2) A HEARING BY THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION division of hearings and appeals IF MEDIATION DOES NOT RESOLVE THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone number).

AB402-ASA1, s. 126 Section 126. 218.01 (2c) (c) of the statutes is amended to read:

AB402-ASA1,46,14 218.01 (2c) (c) The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof, which does not meet the conditions under par. (a) or (b), if the office of the commissioner of transportation division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor.

AB402-ASA1, s. 127 Section 127. 218.01 (3) (a) 24. of the statutes is amended to read:

AB402-ASA1,46,22 218.01 (3) (a) 24. Being a manufacturer, importer or distributor who fails to comply with the procedures in sub. (3x) regarding a dealer's request for approval of a change of ownership or executive management, transfer of its dealership assets to another person, adding another franchise at the same location as its existing franchise, or relocation of a franchise or who fails to comply with an order of the office of the commissioner of transportation division of hearings and appeals issued under sub. (3x).

AB402-ASA1, s. 128 Section 128. 218.01 (3x) (b) 2. of the statutes is amended to read:

AB402-ASA1,47,14 218.01 (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 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 division of hearings and appeals under par. (c) 2.

AB402-ASA1, s. 129 Section 129. 218.01 (3x) (b) 3. of the statutes is amended to read:

AB402-ASA1,47,23 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2 may file with the department and the office of the commissioner of transportation division of hearings and appeals 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 division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

AB402-ASA1, s. 130 Section 130. 218.01 (3x) (c) 2. of the statutes is amended to read:

AB402-ASA1,48,7 218.01 (3x) (c) 2. The decision of the office of the commissioner of transportation division of hearings and appeals shall be in writing and shall contain findings of fact and a determination of whether there is good cause for permitting the proposed action to be undertaken. The decision shall include an order that the dealer be allowed or is not allowed to undertake the proposed action, as the case may be. The order may require fulfillment of appropriate conditions before and after the proposed action is undertaken.

AB402-ASA1, s. 131 Section 131. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:

AB402-ASA1,48,11 218.01 (3x) (c) 1. (intro.) In determining if there is good cause for permitting a proposed action to be undertaken, the office of the commissioner of transportation division of hearings and appeals may consider any relevant factor including:

AB402-ASA1, s. 132 Section 132. 218.01 (7m) (a) of the statutes is amended to read:

AB402-ASA1,48,22 218.01 (7m) (a) A licensee may not file a complaint or petition with the office of the commissioner of transportation division of hearings and appeals or bring an action under sub. (9) (a), based on an alleged violation of this section by any other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a demand for mediation upon the other licensee before or contemporaneous with the filing of the complaint or petition or the bringing of the action. A demand for mediation shall be in writing and served upon the other licensee by certified mail at an address designated for that licensee in the licensor's records. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the licensee filing the demand.

AB402-ASA1, s. 133 Section 133. 218.01 (7m) (c) of the statutes is amended to read:

AB402-ASA1,49,14 218.01 (7m) (c) The service of a demand for mediation under par. (a) shall stay the time for the filing of any complaint or petition with the office of the commissioner of transportation division of hearings and appeals or for bringing an action under sub. (9) (a), based on an alleged violation of this section by the other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the office of the commissioner of transportation division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection, enter an order suspending the proceeding or action for as long a period as the commissioner of transportation division of hearings and appeals or court considers to be appropriate. A suspension order issued under this paragraph may be revoked upon motion of any party or upon motion of the office of the commissioner of transportation division of hearings and appeals or the court.

AB402-ASA1, s. 134 Section 134. 340.01 (7m) of the statutes is amended to read:

AB402-ASA1,49,20 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, and which authorizes the licensee to operate certain commercial motor vehicles.

AB402-ASA1, s. 135 Section 135. 340.01 (7r) of the statutes is amended to read:

AB402-ASA1,50,2 340.01 (7r) "Commercial driver license information system" means the information system established pursuant to the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, to serve as a clearinghouse for information related to the licensing and identification of commercial motor vehicle drivers.

AB402-ASA1, s. 136 Section 136. 341.08 (2) (am) of the statutes is created to read:

AB402-ASA1,50,5 341.08 (2) (am) If the applicant is a natural person registering a farm truck under s. 341.26 (3) (a) 1., the applicant's social security number.

AB402-ASA1, s. 137 Section 137. 341.08 (2) (cm) of the statutes is created to read:

AB402-ASA1,50,11 341.08 (2) (cm) If the applicant is registering a farm truck under s. 341.26 (3) (a) 1., certification that the applicant had at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in at least one of the 2 previous taxable years, or that the applicant expects to have at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in the current taxable year.

AB402-ASA1, s. 138 Section 138. 341.08 (4) of the statutes is amended to read:

AB402-ASA1,50,21 341.08 (4) Applications for renewal of registration shall contain the information required in sub. (2) for original applications or such parts thereof as the department deems necessary to assure the proper registration of the vehicle, except that all applications for renewal of registration of farm trucks under s. 341.26 (3) (a) 1. shall contain the information specified in sub. (2) (am) and (cm). The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the vehicle only when the true ownership or proper registration of the vehicle is in doubt and cannot be resolved from records maintained by the department.

AB402-ASA1, s. 139 Section 139. 341.08 (8) of the statutes is created to read:

AB402-ASA1,51,2 341.08 (8) The department may not disclose a social security number obtained from an applicant under sub. (2) (am) to any person except to the department of revenue for the sole purpose of determining the applicant's eligibility to register the farm truck under s. 341.26 (3) (a) 1.

AB402-ASA1, s. 140 Section 140. 341.14 (6r) (b) 2. of the statutes is amended to read:

AB402-ASA1,51,6 341.14 (6r) (b) 2. An additional fee of $10 $15 shall be charged for the issuance or reissuance of the plates for special groups specified under par. (f) 1. to 34., 48., 49. and 51.

AB402-ASA1, s. 141 Section 141. 341.14 (6r) (b) 3. of the statutes is repealed.

AB402-ASA1, s. 142 Section 142. 341.14 (6r) (b) 4. of the statutes is amended to read:

AB402-ASA1,51,18 341.14 (6r) (b) 4. An additional fee of $20 that is in addition to the fee under subd. 2. or 3 shall be charged for the issuance or renewal of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. An additional fee of $40 that is in addition to the fee under subd. 2. or 3. shall be charged for the issuance or renewal of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47 if the plate is issued or renewed during the first year of the biennial registration period or $20 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. The fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB402-ASA1, s. 143 Section 143. 341.21 of the statutes is created to read:

AB402-ASA1,51,25 341.21 Registration and title transactions by dealers. The department may contract with a motor vehicle dealer for services relating to the processing or distribution of original or renewal registrations under this chapter or certificates of title under ch. 342. The department may not compensate a motor vehicle dealer for services provided under this section. A contract with a motor vehicle dealer shall contain the following provisions:

AB402-ASA1,52,3 (1) The amount of fees, if any, that the motor vehicle dealer may charge a person for services relating to the processing or distribution of an original or renewal registration or a certificate of title.

AB402-ASA1,52,6 (2) Within 7 business days after the completion of an application, the motor vehicle dealer shall process the application and submit any required fees and other documentation to the department.

AB402-ASA1,52,8 (3) The motor vehicle dealer shall retain all records related to an application for original or renewal registration or a certificate of title for at least 5 years.

AB402-ASA1,52,10 (4) The department or its representative may, without any prior notice, conduct random inspections and audits of the motor vehicle dealer.

AB402-ASA1, s. 144 Section 144. 341.26 (3) (a) 1. of the statutes is amended to read:

AB402-ASA1,52,14 341.26 (3) (a) 1. For each farm truck having a gross weight of 12,000 pounds or less, a biennial fee of $42. Registration plates issued under this subdivision expire on the last day of February of even-numbered years.

AB402-ASA1, s. 145 Section 145. 341.297 (2) of the statutes is renumbered 341.297 (2) (a) and amended to read:

AB402-ASA1,52,21 341.297 (2) (a) A farm truck having a gross weight of 12,000 pounds or less, as specified in s. 341.26 (3) (a) 1. The registration period for such a farm truck begins on March 1 of an even-numbered year and ends on the last day of February of the next even-numbered year All such farm trucks shall be registered by the department according to the monthly series of registration prescribed by par. (b).

AB402-ASA1, s. 146 Section 146. 341.297 (2) (b) of the statutes is created to read:

AB402-ASA1,53,2 341.297 (2) (b) There are established 24 registration periods, each to be designated by a calendar month and to start on the first day of such month and end on the last day of the 24th month from the date of commencing. The department shall so administer the monthly series system of registration as to distribute the work of registering farm trucks as uniformly as practicable throughout the calendar year.

AB402-ASA1, s. 147 Section 147. 341.43 of the statutes is amended to read:

AB402-ASA1,53,10 341.43 Audits. The department may conduct such audits as it deems necessary to determine the adequacy of fees paid under the international registration plan or other proportional registration law or agreement and taxes and fees paid under s. 341.45. Audits shall be conducted during normal business hours. Credits shall be given for overpayments and deficiencies shall be assessed, with interest. Actual and necessary expenses incurred by an auditor, plus wages, may be assessed against the person audited.

AB402-ASA1, s. 148 Section 148. 341.45 (title) of the statutes is amended to read:

AB402-ASA1,53,13 341.45 (title) Importation in vehicle tanks regulated; taxes; fees; permits.

AB402-ASA1, s. 149 Section 149. 341.45 (1g) (a) of the statutes is amended to read:

AB402-ASA1,54,2 341.45 (1g) (a) Every Except as provided in subs. (3) and (4g), every person who purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and operates any qualified motor vehicle into this state upon a highway and transports that fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or alternate fuels tax and the oil inspection fee under s. 168.12 on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax and fee by purchasing motor vehicle fuel or alternate fuels within this state in an amount that is equivalent to the gallonage consumed while operating the qualified motor vehicle on the highways of this state, or by remitting the tax and fee directly to the department or to another jurisdiction that is a party to the international fuel tax agreement.

AB402-ASA1, s. 150 Section 150. 341.45 (1g) (b) of the statutes is amended to read:

AB402-ASA1,54,6 341.45 (1g) (b) The department may require any person required to pay under par. (a) to report on forms prescribed by it, to display evidence of compliance with par. (a) and to pay taxes and fees in the manner specified by the department.

AB402-ASA1,54,9 (c) The department shall require any person convicted of evading the tax or fee due under par. (a) to report on forms and in the manner prescribed by the department.

AB402-ASA1, s. 151 Section 151. 341.45 (2) of the statutes is amended to read:

AB402-ASA1,54,17 341.45 (2) Every person regularly or habitually operating qualified motor vehicles upon the highways of any other state and using in those qualified motor vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state shall be allowed a credit or refund equal to the oil inspection fee and the tax on the motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but not to exceed the tax and fee imposed on motor vehicle fuel or alternate fuels by this state.

AB402-ASA1, s. 152 Section 152. 341.45 (3) of the statutes is amended to read:

AB402-ASA1,54,25 341.45 (3) The department may enter into reciprocal agreements with the appropriate officials of any other state under which it may waive all or any part of the requirements imposed by this section upon those who use motor vehicle fuel or alternate fuels upon which the tax has and fee have been paid to another state if the officials of the other state grant equivalent privileges with respect to motor vehicle fuel or alternate fuels used in that state but upon which the tax has and fee have been paid to Wisconsin.

AB402-ASA1, s. 153 Section 153. 341.45 (4g) of the statutes is created to read:

AB402-ASA1,55,7 341.45 (4g) The department may issue trip permits for 72-hour periods to persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or alternate fuels tax and the petroleum product inspection fee under sub. (1g). The department shall charge a fee of not less than $15 for each permit issued under this subsection. A person who has obtained a permit under this subsection is exempt from the purchasing requirement of sub. (1g) (a).

AB402-ASA1, s. 154 Section 154. 341.45 (4m) of the statutes is created to read:

AB402-ASA1,55,14 341.45 (4m) All oil inspection fees paid to the department of transportation under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall be deposited in the petroleum inspection fund. All oil inspection fees credited or refunded by the department of transportation under sub. (2) in excess of oil inspection fees paid to the department of transportation under sub. (1g) (a) shall be paid from the petroleum inspection fund.

AB402-ASA1, s. 155 Section 155. 341.45 (5) of the statutes is amended to read:

AB402-ASA1,55,21 341.45 (5) The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the issuance and use of the permits authorized under sub. (4g). The rules may include provisions relating to the payment of interest on late payments of motor vehicle fuel and alternate fuels taxes and oil inspection fees, and fees for the late payment or underpayment of motor vehicle fuel and alternate fuels taxes and oil inspection fees.

AB402-ASA1, s. 156 Section 156. 343.01 (2) (cb) of the statutes is created to read:

AB402-ASA1,56,2 343.01 (2) (cb) "Motorized construction equipment" means motor-driven construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer.

AB402-ASA1, s. 157 Section 157. 343.01 (2) (d) of the statutes is created to read:

AB402-ASA1,56,5 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface and includes a digitized image.

AB402-ASA1, s. 158 Section 158. 343.02 (1) of the statutes is amended to read:

AB402-ASA1,56,11 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317 and the regulations adopted under that act.

AB402-ASA1, s. 159 Section 159. 343.03 (1) (title) of the statutes is repealed and recreated to read:

AB402-ASA1,56,13 343.03 (1) (title) Compliance with federal standards.

AB402-ASA1, s. 160 Section 160. 343.03 (1) (a) of the statutes is amended to read:

AB402-ASA1,56,17 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 2701 to 2716 31301 to 31317 and 49 CFR 383.

AB402-ASA1, s. 161 Section 161. 343.03 (1) (b) of the statutes is amended to read:

AB402-ASA1,56,21 343.03 (1) (b) The department shall begin issuance of issue operator's licenses in conformity with the classified driver license system to each licensee upon renewal, reinstatement or initial application by April 1, 1991.