Wisconsin Legislature: LRB-3178/1

114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

SECTION 90. 114.20 (1) (b) of the statutes is amended to read:

114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

SECTION 91. 114.20 (2) (intro.) of the statutes is amended to read:

114.20 (2) (title) EXCEPTIONS TO ANNUAL REGISTRATION REQUIREMENTS. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

SECTION 92. 114.20 (2) (c) of the statutes is repealed.

SECTION 93. 114.20 (5) of the statutes is amended to read:

114.20 (5) UNAIRWORTHY AIRCRAFT. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

SECTION 94. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

114.20 (5) UNAIRWORTHY AIRCRAFT. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.

SECTION 95. 114.20 (7) of the statutes is repealed.

SECTION 96. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m) (a) to (c) and amended to read:

114.20 (9m) (a) Not more than 2,000 $ 30 $ 60

(b) Not more than 2,500 39 78

SECTION 97. 114.20 (9) (d) of the statutes is amended to read:

114.20 (9) (d) Not more than 3,500 70 $ 70

SECTION 98. 114.20 (9m) (intro.) of the statutes is created to read:

114.20 (9m) (title) BIENNIAL REGISTRATION FEES. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

[Maximum gross [Annual

Weight in pounds] fee]

SECTION 99. 114.20 (12) of the statutes is amended to read:

114.20 (12) (title) INITIAL ANNUAL REGISTRATION. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which annual registration is required under sub. (9), the fee for the initial year of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one-twelfth of the registration fee specified in sub. (9) multiplied by the remaining number of months in the current registration year which are not fully expired. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which biennial registration is required under sub. (9m), the fee for the initial 2-year period of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one twenty-fourth of the registration fee specified in sub. (9m) multiplied by the remaining number of months in the current 2-year registration period which are not fully expired. Application for registration shall be filed within 30 days from the date of purchase, restoration, completed construction or entry of the aircraft into this state and if filed after that date an additional administrative fee of $5 shall be charged. If the date of purchase, restoration, completed construction or entry into this state is not provided by the applicant, the full annual or biennial registration fee provided in sub. (9) or (9m) shall be charged for registering the aircraft.

SECTION 100. 114.20 (13) (b) 1. of the statutes is amended to read:

114.20 (13) (b) 1. If an annual registration fee is not paid by November 1, from November 2 to April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

SECTION 101. 114.20 (13) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

114.20 (13) (b) 1. If an annual or biennial registration fee is not paid by November 1, from November 2 to the following April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

SECTION 102. 114.20 (13) (b) 2. of the statutes is amended to read:

114.20 (13) (b) 2. If an annual registration fee is not paid by April 30, from May 1 to October 31, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

SECTION 103. 114.20 (13) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

114.20 (13) (b) 2. If an annual or biennial registration fee is not paid by the following April 30, from May 1 to October 31 or, for a biennial registration, the end of the biennial period, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

SECTION 104. 114.20 (13) (b) 3. of the statutes is repealed.

SECTION 105. 114.20 (13) (b) 5. of the statutes is amended to read:

114.20 (13) (b) 5. This paragraph applies after October 31, 1989 1995.

SECTION 106. 114.20 (15) (b) of the statutes is amended to read:

114.20 (15) (b) The lien against the aircraft for the original registration fee shall attach at the time the fee is first payable, and the lien for all renewals of annual registration shall attach on November 1 of each year thereafter and the lien for all renewals of biennial registration shall attach on the first November of the registration period and every 2 years thereafter.

SECTION 107. 121.555 (2) (c) 1. of the statutes is amended to read:

121.555 (2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid operator's license issued by another jurisdiction, as defined in s. 340.01 (41m), or a valid commercial driver license issued by Mexico.

SECTION 108. Chapter 140 of the statutes is created to read:

CHAPTER 140
OIL COMPANY FRANCHISE FEE

140.01 Definitions. In this chapter:

(1) "Average weighted retail price" means the following:

(a) For motor vehicle fuel received from October 1, 1995, to March 31, 1997, $1.10 per gallon.

(b) For motor vehicle fuel received on April 1, 1997, and thereafter, the average weighted price per gallon, for motor vehicle fuel, sold at retail in this state, as determined by a method promulgated by the department by rule, except that the average weighted price may be no lower than $1.10 as indexed and the average weighted price may be no more than $1.30 as indexed.

(2) "Consumer price index" means the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.

(3) "Diesel fuel" has the meaning given in s. 78.005 (5).

(4) "Department" means the department of revenue.

(5) "Export" has the meaning given in s. 78.005 (6).

(6) "Gasoline" has the meaning given in s. 78.005 (7).

(7) "Indexed" means adjusted as of April 1 to reflect the percentage change in the annual average consumer price index during the previous year.

(8) "Motor vehicle fuel" means gasoline or diesel fuel.

(9) "Received" means received under s. 78.07.

(10) "Supplier" has the meaning given under s. 78.005 (14).

140.02 Imposition. (1) Except as provided in sub. (2), there is imposed a fee at the rate of 4.85% of the average weighted retail price on all motor vehicle fuel received by a supplier for sale in this state, for sale for shipment to this state or for shipment to this state.

(2) The fee imposed in sub. (1) does not apply to the following:

(a) Motor vehicle fuel that is shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

(b) Motor vehicle fuel that is exported by a person who is licensed under s. 78.09 or 140.03 (5).

140.03 Administration. (1) The department shall administer the fee under this chapter.

(2) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under this chapter.

(3) Persons who are liable for the fee under this chapter shall state the number of gallons of motor vehicle fuel on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3).

(4) The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

(5) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains an oil company franchise license from the department by filing with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

(6) (a) To protect the revenues of this state, the department may require any person who is liable to the department for the fee under this chapter to place with it security in the amount that the department determines. The department may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under this chapter as estimated by the department. If any person fails to provide that security, the department may refuse to issue a license under sub. (5) or s. 78.09 or may revoke the person's license under sub. (5) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under this chapter, the department may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department may not pay interest on any security deposit.

(b) The security required under par. (a) may be a surety bond furnished to the department and payable to this state. The department shall prescribe the form and contents of the bond.

(c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under this chapter and with the department. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under this chapter does not, within 60 days after receiving the notice, file with the department a new bond that is satisfactory to the department, the department shall revoke the person's license under sub. (5) or s. 78.09. If the person furnishes a new bond, the department shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

(d) If the liability on the bond is discharged or reduced or if the department determines that the bond is insufficient, the department shall require additional surety or new bonds. If any person who is liable for the fee under this chapter fails to file that additional bond within 5 days after the department provides written notice, that person's license under sub. (5) or s. 78.09 is revoked.

SECTION 109. 218.01 (2) (bd) 1g. of the statutes is amended to read:

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.

SECTION 110. 218.01 (2) (bd) 1r. of the statutes is amended to read:

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:

NOTICE TO DEALER

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).

SECTION 111. 218.01 (2c) (c) of the statutes is amended to read:

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.

SECTION 112. 218.01 (3) (a) 24. of the statutes is amended to read:

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).

SECTION 113. 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 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.

SECTION 114. 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 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.

SECTION 115. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:

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:

SECTION 116. 218.01 (3x) (c) 2. of the statutes is amended to read:

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.

SECTION 117. 218.01 (7m) (a) of the statutes is amended to read:

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.

SECTION 118. 218.01 (7m) (c) of the statutes is amended to read:

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.

SECTION 119. 340.01 (7m) of the statutes is amended to read: