AB150-engrossed,1909,919
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
20action shall, within 30 days after receiving the dealer's written notice of the proposed
21action or within 30 days after receiving all the information specified in a written list
22served on the dealer under subd. 1., whichever is later, file with the department and
23serve upon the dealer a written statement of the reasons for its disapproval. The
24reasons given for the disapproval or any explanation of those reasons by the
25manufacturer, distributor or importer shall not subject the manufacturer,
1distributor or importer to any civil liability unless the reasons given or explanations
2made are malicious and published with the sole intent to cause harm to the dealer
3or a transferee of the dealer. Failure to file and serve a statement within the
4applicable period shall, notwithstanding the terms of any agreement, constitute
5approval of the proposed action by the grantor. If an affected grantor files a written
6statement within the applicable period, the dealer may not voluntarily undertake
7the proposed action unless it receives an order permitting it to do so from the
office
8of the commissioner of transportation division of hearings and appeals under par. (c)
92.
AB150-engrossed, s. 5885m
10Section 5885m. 218.01 (3x) (b) 2. of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed and recreated to read:
AB150-engrossed,1910,212
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
13action shall, within 30 days after receiving the dealer's written notice of the proposed
14action or within 30 days after receiving all the information specified in a written list
15served on the dealer under subd. 1., whichever is later, file with the department of
16transportation and serve upon the dealer a written statement of the reasons for its
17disapproval. The reasons given for the disapproval or any explanation of those
18reasons by the manufacturer, distributor or importer shall not subject the
19manufacturer, distributor or importer to any civil liability unless the reasons given
20or explanations made are malicious and published with the sole intent to cause harm
21to the dealer or a transferee of the dealer. Failure to file and serve a statement within
22the applicable period shall, notwithstanding the terms of any agreement, constitute
23approval of the proposed action by the grantor. If an affected grantor files a written
24statement within the applicable period, the dealer may not voluntarily undertake
1the proposed action unless it receives an order permitting it to do so from the division
2of hearings and appeals under par. (c) 2.
AB150-engrossed,1910,114
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
5grantor under subd. 2 may file with the department and the
office of the
6commissioner of transportation division of hearings and appeals and serve upon the
7affected grantor a complaint for the determination of whether there is good cause for
8permitting the proposed action to be undertaken. The
office of the commissioner of
9transportation division of hearings and appeals shall promptly schedule a hearing
10and decide the matter. The proposed action may not be undertaken pending the
11determination of the matter.
AB150-engrossed, s. 5886g
12Section 5886g. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), is repealed and recreated to read:
AB150-engrossed,1910,2014
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
15grantor under subd. 2. may file with the department of transportation and the
16division of hearings and appeals and serve upon the affected grantor a complaint for
17the determination of whether there is good cause for permitting the proposed action
18to be undertaken. The division of hearings and appeals shall promptly schedule a
19hearing and decide the matter. The proposed action may not be undertaken pending
20the determination of the matter.
AB150-engrossed,1910,2422
218.01
(3x) (c) 1. (intro.) In determining if there is good cause for permitting
23a proposed action to be undertaken, the
office of the commissioner of transportation 24division of hearings and appeals may consider any relevant factor including:
AB150-engrossed,1911,7
1218.01
(3x) (c) 2. The decision of the
office of the commissioner of
2transportation division of hearings and appeals shall be in writing and shall contain
3findings of fact and a determination of whether there is good cause for permitting the
4proposed action to be undertaken. The decision shall include an order that the dealer
5be allowed or is not allowed to undertake the proposed action, as the case may be.
6The order may require fulfillment of appropriate conditions before and after the
7proposed action is undertaken.
AB150-engrossed,1911,179
218.01
(5) (b) 1. The
commissioner
division of banking, department
of
10transportation and division of hearings and appeals shall have the power in hearings
11arising under this chapter to determine the place, in this state, where they shall be
12held; to subpoena witnesses and documents; to take and permit the taking of
13depositions of witnesses residing in or outside of this state and to otherwise permit
14the discovery and preservation of evidence before hearing, in the manner provided
15for in civil actions in courts of record; to pay such witnesses the fees and mileage for
16their attendance as is provided for witnesses in civil actions in courts of record; and
17to administer oaths.
AB150-engrossed,1912,619
218.01
(5) (b) 3. A person providing information under this paragraph may
20request that the information be designated as a trade secret, as defined in s. 134.90
21(1) (c), or as confidential business information. The
commissioner, division of
22hearings and appeals or licensor shall approve the designation if the person
23providing the information demonstrates that the release of the information would
24adversely affect the person's competitive position. At least 15 days before any
25information designated as a trade secret or as confidential business information is
1disclosed to any other person, the
commissioner, division of hearings and appeals or
2licensor shall notify the person providing the information. The person providing the
3information may seek a court order limiting or prohibiting the disclosure. In such
4cases, the court shall weigh the need for confidentiality of the information against
5the public interest in disclosure. Confidentiality is waived if the person providing
6the information consents in writing to disclosure.
AB150-engrossed,1912,238
218.01
(6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller
9shall deliver to the buyer a written statement describing clearly the motor vehicle
10sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount
11credited the buyer for any trade-in and a description of the trade-in, the cost to the
12retail buyer of any insurance, the amount financed which may include the cost of
13insurance, sales and use taxes, the amount of the finance charge, the amount of any
14other charge specifying its purpose, the total of payments due from the buyer, the
15terms of the payment of such total, the amount and date of each payment necessary
16finally to pay the total and a summary of any insurance coverage to be effected. The
17commissioner division of banking may determine the form of the statement. If a
18written order is taken from a prospective purchaser in connection with any
19instalment sale, the written statement shall be given to the purchaser prior to or
20concurrent with the signing of the order by the purchaser. The finance charge in a
21retail instalment sale made prior to April 6, 1980, however computed, excluding the
22cost of insurance shall not exceed the amount computed on the basis of the following
23annual percentage rates:
AB150-engrossed,1913,5
1218.01
(6) (em) In event the dealer shall finance the instalment sale contract,
2the
commissioner division of banking may permit the dealer to combine the
3information required by pars. (b) and (e) last above in one statement under such rules
4and regulations as the
commissioner division of banking may from time to time
5prescribe.
AB150-engrossed,1913,157
218.01
(7a) (a) A motor vehicle may not be offered for sale by any motor vehicle
8dealer or motor vehicle salesperson unless the mileage on the motor vehicle is
9disclosed in writing by the transferor on the certificate of title or on a form authorized
10by the department
of transportation to reassign the title to the dealer and the
11disclosure is subsequently shown to the retail purchaser by the dealer or salesperson
12prior to sale. The department
of transportation may promulgate rules to exempt
13types of motor vehicles from this mileage disclosure requirement and shall
14promulgate rules for making the disclosure requirement on a form other than the
15certificate of title.
AB150-engrossed,1913,2317
218.01
(7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle
18salesperson to fail to provide, upon request of a prospective purchaser, the name and
19address of the most recent titled owner and of all subsequent nontitled owners,
20unless exempted from this requirement by rule of the department
of transportation,
21of any motor vehicle offered for sale. If the most recent titled owner of the motor
22vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the
23name and address of the previous titled owner.
AB150-engrossed,1914,17
1218.01
(7b) Purchase of motor vehicle by minor. No minor shall purchase any
2motor vehicle unless the minor, at the time of purchase, submits to the seller a
3statement verified before a person authorized to administer oaths and made and
4signed by either parent of the purchaser, if such parent has custody of the minor or,
5if neither parent has custody, then by the person having custody, setting forth that
6the purchaser has consent to purchase the vehicle. The signature on the statement
7shall not impute any liability for the purchase price of the motor vehicle to the
8consenting person. The statement shall not adversely affect any other arrangement
9for the assumption of liability for the purchase price which the consenting person
10may make. The signed statement shall accompany the application for a certificate
11of title and shall be filed by the department
of transportation with the application.
12Failure to obtain the consent or to forward it with the application for a certificate of
13title shall not void the contract of sale of a motor vehicle in the hands of an innocent
14holder, without notice, for value and in the ordinary course of business. Any person
15who sells a motor vehicle to a minor with knowledge of such fact without procuring
16such a statement may be fined not more than $200 or imprisoned not more than 6
17months or both.
AB150-engrossed,1915,319
218.01
(7m) (a) A licensee may not file a complaint or petition with the
office
20of the commissioner of transportation division of hearings and appeals or bring an
21action under sub. (9) (a), based on an alleged violation of this section by any other
22licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
23demand for mediation upon the other licensee before or contemporaneous with the
24filing of the complaint or petition or the bringing of the action. A demand for
25mediation shall be in writing and served upon the other licensee by certified mail at
1an address designated for that licensee in the licensor's records. The demand for
2mediation shall contain a brief statement of the dispute and the relief sought by the
3licensee filing the demand.
AB150-engrossed,1915,205
218.01
(7m) (c) The service of a demand for mediation under par. (a) shall stay
6the time for the filing of any complaint or petition with the
office of the commissioner
7of transportation division of hearings and appeals or for bringing an action under
8sub. (9) (a), based on an alleged violation of this section by the other licensee or
9pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
10have met with a mutually selected mediator for the purpose of attempting to resolve
11the dispute. If a complaint or petition is filed before the meeting, the
office of the
12commissioner of transportation division of hearings and appeals or the court shall
13enter an order suspending the proceeding or action until the meeting has occurred
14and may, upon the written stipulation of all parties to the proceeding or action that
15they wish to continue to mediate under this subsection, enter an order suspending
16the proceeding or action for as long a period as the
commissioner of transportation 17division of hearings and appeals or court considers to be appropriate. A suspension
18order issued under this paragraph may be revoked upon motion of any party or upon
19motion of the
office of the commissioner of transportation division of hearings and
20appeals or the court.
AB150-engrossed,1915,2323
218.02
(1) (d) "Division" means the division of banking.
AB150-engrossed,1916,6
1218.02
(2) (a) Each adjustment service company shall apply to the
2commissioner of banking division for a license to engage in such business.
3Application for a separate license for each office of a company to be operated under
4this section shall be made to the
commissioner division in writing, under oath, in a
5form to be prescribed by the
commissioner division. The
commissioner division may
6issue more than one license to the same licensee.
AB150-engrossed,1916,138
218.02
(2) (b) At the time of making application and before engaging in
9business, every applicant for an adjustment service company license shall pay a
10nonrefundable $200 fee
of $100 to the commissioner for investigating the application
11and
the sum of $100 as an a $200 annual license fee. If the cost of an investigation
12exceeds
$100 $200, the applicant shall, upon demand of the commissioner, pay the
13excess cost. No investigation fee shall be required on the renewal of a license.
AB150-engrossed, s. 5898
14Section
5898
. 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB150-engrossed,1916,2116
218.02
(2) (b) At the time of making application and before engaging in
17business, every applicant for an adjustment service company license shall pay a
18nonrefundable $200 fee to the
commissioner division for investigating the
19application and a $200 annual license fee. If the cost of an investigation exceeds
20$200, the applicant shall, upon demand of the
commissioner division, pay the excess
21cost. No investigation fee shall be required on the renewal of a license.
AB150-engrossed,1917,223
218.02
(2) (c) The
commissioner division may require any licensee either before
24or after the issuance of the license to file and maintain in force a bond in a form to
25be prescribed by and acceptable to the
commissioner
division, in such sum as the
1commissioner division may deem necessary to safeguard the interest of the
2borrowers and the public, not exceeding, however, the sum of $5,000.
AB150-engrossed,1917,74
218.02
(3) Conditions of the issuance of licenses. (intro.) The
commissioner 5division shall issue a license to the applicant to conduct such business at the office
6specified in the application in accordance with the provisions of this section, if the
7commissioner division shall find:
AB150-engrossed,1917,149
218.02
(4) Order denying application. If the
commissioner division is not
10satisfied as to all of the matters specified in sub. (3) the
commissioner division shall
11enter a special order denying the application for a license and shall return the
12applicant's license fee. The
commissioner division shall make findings of fact as part
13of and in support of the
commissioner's division's order denying any application for
14a license.
AB150-engrossed,1917,2316
218.02
(5) (b) Whenever a licensee shall contemplate a change of the licensee's
17place of business to another location within the same city, village or town, the
18licensee shall give written notice thereof to the
commissioner, who division, which 19shall attach to the license the
commissioner's division's authorization of such
20removal, specifying the date thereof and the new location. Such authorization shall
21be authority for the operation of such business under the same license at the specified
22new location. No change in the place of business of a licensee to a location outside
23of the original city, village or town shall be permitted under the same license.
AB150-engrossed,1918,3
1218.02
(5) (c) Every licensee shall, on or before the tenth day of each December,
2pay to the
commissioner division the annual license fee for the next succeeding
3calendar year.
AB150-engrossed,1918,75
218.02
(6) Revocation; suspension; reinstatement and term of licenses. 6(intro.) The
commissioner division, after complaint, notice and hearings as provided
7in s. 217.19, shall revoke any license in the following cases:
AB150-engrossed,1918,119
218.02
(6) (c) If any fact or condition exists which, if it had existed at the time
10of the original application for such license, clearly would have warranted the
11commissioner division in refusing to issue such license;
AB150-engrossed,1918,1613
218.02
(7) (title)
Powers of commissioner division. (intro.) It shall be the duty
14of the
commissioner division and the
commissioner division shall have power,
15jurisdiction and authority to investigate the conditions and ascertain the facts with
16reference to such companies and upon the basis thereof:
AB150-engrossed,1918,2418
218.02
(7) (c) At any time and so often as the
commissioner division may
19determine to investigate the business and examine the books, accounts, records and
20files used therein of every licensee. The cost of an examination shall be determined
21by the
commissioner division and shall be paid to the
commissioner division by every
22licensee so examined within 30 days after demand therefor by the
commissioner 23division, and the state may maintain an action for the recovery of such costs in any
24court of competent jurisdiction;
AB150-engrossed,1919,5
1218.02
(9) (a) The
commissioner division may make such rules and require
2such reports as the
commissioner division deems necessary for the enforcement of
3this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available
4for the purposes of this section. Orders of the
commissioner division under this
5section are subject to review by the consumer credit review board under s. 220.037.
AB150-engrossed,1919,97
218.02
(9) (b) All fees and moneys received by the
commissioner division under
8authority of this chapter shall be paid by the
commissioner division into the state
9treasury within one week after the receipt thereof.
AB150-engrossed,1919,1511
218.02
(9) (c) The
commissioner division shall investigate, ascertain and
12determine whether this chapter or the lawful orders issued hereunder are being
13violated and for such purposes the
commissioner division shall have all of the powers
14conferred by ss. 217.17 and 217.18. The
commissioner
division shall report all
15violations to the district attorney of the proper county for prosecution.
AB150-engrossed,1919,1817
218.04
(1) (c)
"Commissioner"
"Division" means the
commissioner division of
18banking.
AB150-engrossed,1919,2320
218.04
(3) (a) Application for licenses under the provisions of this section shall
21be made to the
commissioner division in writing, under oath, on a form to be
22prescribed by the
commissioner division. All licenses shall expire on June thirtieth
23next following their date of issue.
AB150-engrossed,1920,6
1218.04
(3) (b) At the time of making application, every applicant for a collection
2agency license shall pay a
nonrefundable fee of
$100 $1,000 to the commissioner for
3investigating the application, unless the applicant is already licensed under this
4section, and the sum of
$100 $200 as an annual license fee. If the cost of investigation
5exceeds
$100 $1,000, the applicant shall, upon demand of the commissioner, pay the
6excess cost. No investigation fee is required on the renewal of a license.
AB150-engrossed, s. 5914
7Section
5914
. 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
8.... (this act), is amended to read:
AB150-engrossed,1920,149
218.04
(3) (b) At the time of making application, every applicant for a collection
10agency license shall pay a nonrefundable fee of $1,000 to the
commissioner division 11for investigating the application, unless the applicant is already licensed under this
12section, and the sum of $200 as an annual license fee. If the cost of investigation
13exceeds $1,000, the applicant shall, upon demand of the
commissioner division, pay
14the excess cost. No investigation fee is required on the renewal of a license.
AB150-engrossed,1920,2116
218.04
(3) (c) The license fee for a collector or solicitor shall be
$2 $15. This
17license shall be carried as a means of identification whenever the collector is engaged
18in business. The license shall state the name of the employer and
in case of a change
19of employer the commissioner shall indorse such change on the license without
20charge shall be surrendered to the commissioner upon termination of employment.
21A new license is required for a change of employment.
AB150-engrossed, s. 5916
22Section
5916
. 218.04 (3) (c) of the statutes, as affected by 1995 Wisconsin Act
23.... (this act), is amended to read:
AB150-engrossed,1921,324
218.04
(3) (c) The license fee for a collector or solicitor shall be $15. This license
25shall be carried as a means of identification whenever the collector is engaged in
1business. The license shall state the name of the employer and shall be surrendered
2to the
commissioner division upon termination of employment. A new license is
3required for a change of employment.
AB150-engrossed,1921,85
218.04
(3) (d) The
commissioner division may require any licensee to file and
6maintain in force a bond, in a form to be prescribed by and acceptable to the
7commissioner division, and in such sum as the
commissioner division may deem
8reasonably necessary to safeguard the interests of the public.
AB150-engrossed,1921,2010
218.04
(4) (a) Upon the filing of such application and the payment of such fee,
11the
commissioner division shall make an investigation, and if the
commissioner 12division finds that the character and general fitness and the financial responsibility
13of the applicant, and the members thereof if the applicant is a partnership, limited
14liability company or association, and the officers and directors thereof if the
15applicant is a corporation, warrant the belief that the business will be operated in
16compliance with this section the
commissioner division shall thereupon issue a
17license to said applicant. Such license is not assignable and shall permit operation
18under it only at or from the location specified in the license. A nonresident of this
19state may, upon complying with all other provisions of this section, secure a collection
20agency license provided the nonresident maintains an active office in this state.
AB150-engrossed,1922,222
218.04
(4) (b) No licensee shall conduct a collection agency business within any
23office, room or place of business in which any other business is solicited or engaged
24in, or in association or conjunction therewith, except as may be authorized in writing
25by the
commissioner division upon finding that the character of such other business
1is such that the granting of such authority would not facilitate evasion of this section
2or the lawful orders issued thereunder.
AB150-engrossed,1922,54
218.04
(5) (a) (intro.) The
commissioner division may suspend or revoke any
5license issued under this section if the
commissioner
division finds that:
AB150-engrossed,1922,87
218.04
(5) (a) 1. The licensee has violated any of the provisions of this section
8or any lawful order of the
commissioner division made thereunder;
AB150-engrossed,1922,1210
218.04
(5) (a) 2. Any fact or condition exists which, if it had existed at the time
11of the original application for such license, would have warranted the
commissioner 12division in refusing to issue such license;
AB150-engrossed,1922,1914
218.04
(5) (c) In the event of the death of a licensee, if the licensee is an
15individual, or of the partners, if the licensee is a partnership, the license of the agency
16shall terminate as of the date of death of said licensee, except the
commissioner 17division may reinstate a license if the estate of the former licensee signifies to the
18commissioner division within 45 days its intention to continue the business of the
19agency.