AB150: Bill Text

AB150,1891,3 217.10 (2) Investigate, at any time, the business and examine the books, accounts, records and files used therein of every licensee or agent thereof. The cost of each such examination shall be paid by every licensee so examined within 30 days after demand therefor by the office department, and the state may maintain an action for recovery of such costs in any court of competent jurisdiction;

AB150, s. 5821 Section 5821. 217.12 (4) of the statutes is amended to read:

AB150,1891,7 217.12 (4) Name, forbidden use. No company shall use a name which indicates that it is a branch, unit or agency of the state or federal government or of any department or branch thereof.

AB150, s. 5822 Section 5822. 217.15 of the statutes is amended to read:

AB150,1891,12 217.15 Delinquent seller of checks. The commissioner of banking department may take possession of any insolvent seller of checks under the circumstances and utilizing the procedure prescribed in s. 218.04 (9m), so far as applicable.

AB150, s. 5823 Section 5823. 217.17 (1) of the statutes is amended to read:

AB150,1891,15 217.17 (1) The office department may, in relation to any matter within the office's department's powers, issue subpoenas and take testimony.

AB150, s. 5824 Section 5824. 217.17 (2) of the statutes is amended to read:

AB150,1891,22 217.17 (2) Witnesses shall be entitled to the same fees as are allowed to witnesses in courts of record. Such fees shall be audited and paid by the state in the same manner as other expenses of the office department are audited and paid. No witness subpoenaed at the instance of any party other than the office department shall be entitled to payment of fees by the state, unless the office department certifies that the testimony of such witness was material to the hearing or proceeding.

AB150, s. 5825 Section 5825. 217.18 (1) of the statutes is amended to read:

AB150,1892,3 217.18 (1) The office department may, by general or special order require licensees to file with the office department at such time and in such manner as it may direct, sworn or unsworn reports, or sworn or unsworn answers in writing to specific questions as to any matter upon which the office department may demand information under this chapter.

AB150, s. 5826 Section 5826. 217.18 (2) of the statutes is amended to read:

AB150,1892,9 217.18 (2) The office department or any official, employe or agent authorized by it may, for purposes within the office's department's powers, have access during business hours to the offices and places of business, books, accounts, papers, records, files, safes and vaults of persons engaged in business as a seller of checks, whether licensees or not.

AB150, s. 5827 Section 5827. 217.18 (3) of the statutes is amended to read:

AB150,1892,15 217.18 (3) No person shall refuse, neglect or fail to render any reports or answer required under this section at such time and in such manner as the office department may prescribe. No person shall wilfully make any false entry or statement in any report or answer, nor shall wilfully fail to make full and true entries and statements in any report or answer required under authority of this chapter.

AB150, s. 5828 Section 5828. 217.19 (title) of the statutes is amended to read:

AB150,1892,17 217.19 (title) Office Department orders; rules of procedure.

AB150, s. 5829 Section 5829. 217.19 (1) of the statutes is amended to read:

AB150,1892,20 217.19 (1) The office department, prior to the issuance of any general order under this chapter, shall hold a public hearing.

AB150, s. 5830 Section 5830. 217.19 (2) of the statutes is amended to read:

AB150,1893,3 217.19 (2) The office department, prior to the issuance of any special order, shall serve a complaint, prepared in the name of the office department, upon the person against whom the complaint is made and shall accompany such complaint by notice of a public hearing to be held in the matter not sooner than 10 days after such service. The person against whom the complaint is made shall be entitled to be heard in person, or by agent or attorney, and shall have the benefit of subpoena process to compel the attendance of witnesses.

AB150, s. 5831 Section 5831. 217.19 (4) of the statutes is amended to read:

AB150,1893,7 217.19 (4) The office department shall serve a copy of any special order upon the person against whom the order is issued and such an order shall be effective upon such service, unless otherwise indicated in the order.

AB150, s. 5832 Section 5832. 217.19 (5) of the statutes is amended to read:

AB150,1893,11 217.19 (5) A complaint, notice of hearing, subpoena, special order or any other process issued by the office department may be served in the same manner that process in a civil action is served.

AB150, s. 5833 Section 5833. 217.19 (6) of the statutes is amended to read:

AB150,1893,16 217.19 (6) The office department shall make its own rules of practice and procedure for the conduct of hearings and other proceedings before it, not inconsistent with any provision of this chapter or with any other provision of law governing such practice or procedure.

AB150, s. 5834 Section 5834. 217.20 of the statutes is amended to read:

AB150,1893,19 217.20 Court review. Orders of the office department under this chapter shall be subject to review in the manner provided in ch. 227.

AB150, s. 5835 Section 5835. 217.21 (1) of the statutes is amended to read:

AB150,1893,24 217.21 (1) The licensee shall keep and use in the licensee's business such books, accounts and records as the office department, by general or special order, may find to be necessary and require to enable it to determine whether such licensee is complying with this chapter and with the lawful orders issued hereunder.

AB150, s. 5836 Section 5836. 217.21 (2) of the statutes is amended to read:

AB150,1894,8 217.21 (2) Each licensee shall annually, on or before March 15, file a report with the office department giving such reasonable and relevant information as the office department may, by general or special order, require concerning the business and operations conducted by such licensee within the state. Such report shall be made under oath and shall be in the form prescribed by the office department and shall be subject to public inspection in the discretion of the office department. The office department shall make and publish annually an analysis and recapitulation of such reports.

AB150, s. 5837 Section 5837. 218.01 (1) (c) of the statutes is repealed.

AB150, s. 5838 Section 5838. 218.01 (1) (d) of the statutes is repealed.

AB150, s. 5839 Section 5839. 218.01 (1) (jm) of the statutes is amended to read:

AB150,1894,15 218.01 (1) (jm) "License period" means the period during which a particular type of license described in sub. (2) (d) is effective, as established by the department of transportation or commissioner department of financial institutions under sub. (2) (cm) 2. or 4.

AB150, s. 5840 Section 5840. 218.01 (1) (k) of the statutes is amended to read:

AB150,1894,19 218.01 (1) (k) "Licensor" means the body, either the commissioner department of financial institutions or the department of transportation or both, issuing a license hereunder.

AB150, s. 5841 Section 5841. 218.01 (1a) of the statutes is amended to read:

AB150,1895,10 218.01 (1a) (title) Authority of department and commissioner licensors. The department of transportation shall issue the licenses provided for in sub. (2) (d) 1. to 6. and have supervision over the licensees thereunder in respect to all the provisions of this section, except only as to such matters as relate to the sale of motor vehicles on retail instalment contracts and the financing and servicing of such contracts, over which matter the commissioner department of financial institutions shall have jurisdiction and control, and the commissioner department of financial institutions shall issue the licenses to sales finance companies. Either licensor hereunder shall, upon request, furnish the other licensor with any information it may have in respect to any licensee or applicant for license or any transaction in which such licensee or applicant may be a party or be interested. No license shall be issued under sub. (2) (d) 1. and 8. until both licensors have approved the application. The suspension or revocation of either of such licenses shall automatically likewise suspend or revoke the other license; and such suspension or revocation shall be certified by the licensor ordering it to the other licensor.

AB150, s. 5842 Section 5842. 218.01 (2) (b) of the statutes is amended to read:

AB150,1896,2 218.01 (2) (b) Application for license shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fee. fees. An applicant for a sales finance company license, other than a a motor vehicle dealer, shall pay to the commissioner a nonrefundable $300 investigation fee in addition to the license fee under par. (dr). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the commissioner, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required except as provided in par. (h) 1. The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section.

AB150, s. 5843 Section 5843 . 218.01 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1896,20 218.01 (2) (b) Application for license shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fees. An applicant for a sales finance company license, other than a a motor vehicle dealer, shall pay to the commissioner department of financial institutions a nonrefundable $300 investigation fee in addition to the license fee under par. (dr). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the commissioner department of financial institutions, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required except as provided in par. (h) 1. The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section.

AB150, s. 5844 Section 5844. 218.01 (2) (bb) of the statutes is amended to read:

AB150,1897,4 218.01 (2) (bb) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under this section.

AB150, s. 5845 Section 5845. 218.01 (2) (bc) of the statutes is amended to read:

AB150,1897,19 218.01 (2) (bc) Except as provided in this subsection every dealer and distributor of new motor vehicles shall, at the time of application for a license, file with the department of transportation a certified copy of the applicant's written agreement and a certificate of appointment as dealer or distributor, respectively. The certificate of appointment shall be signed by an authorized agent of the manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or, where the manufacturer is wholesaling through an appointed distributorship, by an authorized agent of the distributor on indirect distributor-dealer agreements. The certificate shall be signed by an authorized agent of the importer on direct importer-dealer agreements of foreign-made vehicles; or by an authorized agent of the distributor on indirect distributor-dealer agreements. The distributor's certificate of appointment shall be signed by an authorized agent of the manufacturer; or by an agent of the manufacturer or importer of foreign manufactured vehicles.

AB150, s. 5846 Section 5846. 218.01 (2) (bd) 1. of the statutes is amended to read:

AB150,1898,16 218.01 (2) (bd) 1. A written agreement need not be filed for each dealer or distributor if the manufacturer on direct dealerships or distributor on indirect dealerships or importer on direct dealerships utilizes the identical basic agreement for all its dealers or distributors in Wisconsin and certifies in the certificate of appointment that such blanket agreement is on file and such written agreement with such dealer or distributor, respectively, is identical with the filed blanket agreement, and has filed with the department of transportation one such agreement together with a list of authorized dealers or distributors. Such manufacturer, distributor or importer shall notify the department of transportation immediately of the appointment of any additional dealers or distributors, of any revisions of or additions to the basic agreement on file, or of any individual dealer or distributor supplements to such agreement. Except as provided in subd. 1g., the manufacturer, distributor or importer shall notify the dealer or distributor and forward a copy of such notice to the department of transportation of the discontinuation or cancellation of the agreement of any of its dealers or distributors at least 60 days before the effective date thereof together with the specific grounds for discontinuation or cancellation of the agreement, if discontinued or canceled. Agreements and certificates of appointment are deemed to be continuing unless the manufacturer, distributor or importer has notified the department of transportation of the discontinuation or cancellation of the agreement of any of its dealers or distributors, and annual renewal of certifications filed as provided in this subsection is not necessary.

AB150, s. 5847 Section 5847. 218.01 (2) (bd) 1g. of the statutes is amended to read:

AB150,1899,2 218.01 (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 of transportation, 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 of transportation or the office of the commissioner of transportation.

AB150, s. 5848 Section 5848. 218.01 (2) (bd) 2. of the statutes is amended to read:

AB150,1899,13 218.01 (2) (bd) 2. Any dealer or distributor discontinued or canceled may, on or before the date on which the discontinuation or cancellation becomes effective, file with the department of transportation and division of hearings and appeals and serve upon the respondent a complaint for a determination of unfair discontinuation or cancellation under sub. (3) (a) 17. Allowing opportunity for an answer, the division of hearings and appeals shall thereafter schedule a hearing on and decide the matter. Agreements and certificates of appointment shall continue in effect until 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 by him or her in such matter.

AB150, s. 5849 Section 5849. 218.01 (2) (bf) of the statutes is amended to read:

AB150,1899,18 218.01 (2) (bf) Within 60 days after the department of transportation issues a declaratory ruling under s. 227.41 that an agreement is inconsistent with par. (bm), a manufacturer, distributor or importer shall remove or revise any provision of the agreement declared to be inconsistent with par. (bm).

AB150, s. 5850 Section 5850. 218.01 (2) (bm) 1. a. of the statutes is amended to read:

AB150,1899,23 218.01 (2) (bm) 1. a. Waive a remedy or defense available to a distributor or dealer or other provision protecting the interests of a distributor or dealer under this section or under rules promulgated by the department of transportation under this section.

AB150, s. 5851 Section 5851. 218.01 (2) (bm) 2. b. of the statutes is amended to read:

AB150,1900,3 218.01 (2) (bm) 2. b. No finding of an arbitrator is binding upon any person who is not a party to the agreement. A finding of an arbitrator does not bind the department of transportation with respect to enforcement of this section.

AB150, s. 5852 Section 5852. 218.01 (2) (cm) 2. of the statutes is amended to read:

AB150,1900,6 218.01 (2) (cm) 2. The department of transportation shall promulgate rules establishing the license period for each type of license described in par. (d) 1. to 6.

AB150, s. 5853 Section 5853. 218.01 (2) (cm) 3. of the statutes is amended to read:

AB150,1900,10 218.01 (2) (cm) 3. The department of transportation may promulgate rules establishing expiration dates for the various types of licenses described in par. (d) 1. to 6.

AB150, s. 5854 Section 5854. 218.01 (2) (cm) 4. of the statutes is amended to read:

AB150,1900,14 218.01 (2) (cm) 4. The commissioner department of financial institutions shall promulgate rules establishing the license period for the license described in par. (d) 8.

AB150, s. 5855 Section 5855. 218.01 (2) (cm) 5. of the statutes is amended to read:

AB150,1900,17 218.01 (2) (cm) 5. The commissioner department of financial institutions may promulgate rules establishing expiration dates for licenses issued under par. (d) 8.

AB150, s. 5856 Section 5856. 218.01 (2) (d) 1. of the statutes is amended to read:

AB150,1900,22 218.01 (2) (d) 1. For motor vehicle dealers, to the department of transportation, $20 for each office or branch thereof, plus $1 for a supplemental license for each used motor vehicle lot within the same municipality, but not immediately adjacent to the office or to a branch.

AB150, s. 5857 Section 5857. 218.01 (2) (d) 8. a. of the statutes is amended to read:

AB150,1900,25 218.01 (2) (d) 8. a. Except as provided in subd. 8. b., for motor vehicle dealers, to the commissioner department of financial institutions, $10.

AB150, s. 5858 Section 5858. 218.01 (2) (d) 8. b. of the statutes is amended to read:

AB150,1901,5 218.01 (2) (d) 8. b. For motor vehicle dealers that operate as a sales finance company or that carry or retain time sales contracts for more than 30 days, to the commissioner department of financial institutions, the same as for sales finance companies under par. (dr), except for gross volume of $100,000 or less, $50.

AB150, s. 5859 Section 5859. 218.01 (2) (dm) 1. of the statutes is amended to read:

AB150,1901,11 218.01 (2) (dm) 1. If the department of transportation or commissioner department of financial institutions establishes a license period that is not evenly divisible into years, the department of transportation or commissioner department of financial institutions shall prorate the remainder when determining the license fee under par. (d).

AB150, s. 5860 Section 5860. 218.01 (2) (dm) 2. of the statutes is amended to read:

AB150,1901,19 218.01 (2) (dm) 2. If the department of transportation or commissioner department of financial institutions grants a license described under par. (d) during the license period, the fee for the license shall equal the applicable dollar amount under par. (d) 1. to 8. multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this subdivision may not exceed the license fee for an entire license period under par. (d).

AB150, s. 5861 Section 5861. 218.01 (2) (dr) of the statutes is amended to read:

AB150,1902,5 218.01 (2) (dr) The fee for licenses for sales finance companies, except as provided in par. (d) 8., for each calendar year, or part of a calendar year, is based on the gross volume of purchases of retail sales contracts of motor vehicles sold in this state for the 12 months immediately preceding October 31 of the year in which the application or for license is made, as follows: On a gross volume of $25,000 or less, $25; on a gross volume of over $25,000 and not over $100,000 or less, $50; and on each $100,000 or part thereof over $100,000 and up to $500,000, an additional $15; and on each $100,000 over $500,000, an additional $10. No extra charge shall be made for branch licenses for sales finance companies. Gross volume shall be based on the unpaid balance of the retail contracts.

AB150, s. 5862 Section 5862. 218.01 (2) (h) 2. of the statutes is amended to read:

AB150,1902,20 218.01 (2) (h) 2. Provided the licensor has reasonable cause to doubt the financial responsibility of the applicant or licensee or the compliance by the applicant or licensee with this section, the licensor may require the applicant or licensee to furnish and maintain a bond in the form, amount and with the sureties it approves, but not less than $5,000, nor more than $100,000, conditioned upon the applicant or licensee complying with the statutes applicable to the licensee and as indemnity for any loss sustained by any person by reason of any acts of the licensee constituting grounds for suspension or revocation of the license under this section. The bonds shall be executed in the name of the department of transportation for the benefit of any aggrieved parties; provided that the aggregate liability of the surety to all such parties shall, in no event, exceed the amount of the bond. The bonding requirements in this subdivision shall not apply to manufacturers, factory branches, and their agents and is in addition to the bond or letter of credit required of a motor vehicle dealer under par. (bb).

AB150, s. 5863 Section 5863. 218.01 (2) (i) of the statutes is amended to read:

AB150,1903,10 218.01 (2) (i) Application for dealers' licenses shall be submitted to the department of transportation in duplicate and shall contain such information as the licensors require. Application for sales finance company licenses shall contain such information as the commissioner department of financial institutions requires. No motor vehicle dealer or sales finance company, unless so licensed, shall be permitted to register or receive or use registration plates under ss. 341.47 to 341.57. The department of transportation shall transmit the duplicate copy of each application for a dealer's license to the commissioner department of financial institutions with the fee required under par. (d) 8. The commissioner department of financial institutions may not refund the fee required under par. (d) 8. The commissioner department of financial institutions shall approve a sales finance company license for a dealer if no prior sales finance company license has been suspended or revoked, and if the applicant meets the requirements of this section relating to sales finance companies.

AB150, s. 5864 Section 5864. 218.01 (2) (k) (intro.) of the statutes is amended to read:

AB150,1903,21 218.01 (2) (k) (intro.) After the receipt of an application in due form, properly verified and certified, and upon the payment of the $5 examination fee, the secretary, deputy secretary or any salaried employe of the department of transportation designated by the secretary shall, within a reasonable time and in a place reasonably accessible to the applicant for a license, subject each first-time applicant for license and, if the secretary deems necessary, any applicant for renewal of license to a personal written examination as to competency to act as a motor vehicle salesperson. The secretary shall issue to an applicant a resident or nonresident motor vehicle salesperson's license if the application and examination show that the applicant meets all of the following requirements:

AB150, s. 5865 Section 5865. 218.01 (2a) (a) of the statutes is amended to read: