AB100: Bill Text

AB100, s. 3189 Section 3189. 218.01 (7a) (a) of the statutes is amended to read:

AB100,1319,25 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form or in an automated format other than the certificate of title.

AB100, s. 3190 Section 3190. 218.015 (2) (c) of the statutes is amended to read:

AB100,1320,13 218.015 (2) (c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the consumer, provide the certificate to the manufacturer or to the consumer.

AB100, s. 3191 Section 3191. 218.015 (2) (cm) 2. of the statutes is amended to read:

AB100,1320,24 218.015 (2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the motor vehicle lessor, provide the certificate to the manufacturer or to the motor vehicle lessor.

AB100, s. 3192 Section 3192. 218.02 (2) (a) of the statutes is renumbered 218.02 (2) (a) 1. (intro.) and amended to read:

AB100,1321,8 218.02 (2) (a) 1. (intro.) Each adjustment service company shall apply to the division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the division in writing, under oath, in a form to be prescribed by the division. The division may issue more than one license to the same licensee. An application for a license under this section shall include the following:

AB100, s. 3193 Section 3193. 218.02 (2) (a) 1. a. and b. and 2. of the statutes are created to read:

AB100,1321,12 218.02 (2) (a) 1. a. In the case of an individual, the individual's social security number.

AB100,1321,14 b. In the case of a person that is not an individual, the person's federal employer identification number.

AB100,1321,16 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1321,18 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1321,21 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3194 Section 3194. 218.02 (3) (d) of the statutes is created to read:

AB100,1321,24 218.02 (3) (d) That the applicant has not been certified under s. 73.0301 by the department of revenue as being liable for delinquent taxes.

AB100, s. 3195 Section 3195. 218.02 (3) (e) of the statutes is created to read:

AB100,1322,5 218.02 (3) (e) That, if the applicant is an individual, the applicant is not delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 3196 Section 3196. 218.02 (6) of the statutes is renumbered 218.02 (6) (a).

AB100, s. 3197 Section 3197. 218.02 (6) (b) of the statutes is created to read:

AB100,1322,13 218.02 (6) (b) In accordance with a memorandum of understanding entered into under s. 49.587, the division shall restrict or suspend a license if a licensee who is an individual is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 3198 Section 3198. 218.02 (6) (c) of the statutes is created to read:

AB100,1322,17 218.02 (6) (c) In accordance with s. 73.0301, the division shall revoke a license if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes.

AB100, s. 3199 Section 3199. 218.02 (9) (a) of the statutes is renumbered 218.02 (9) (a) (intro.) and amended to read:

AB100,1322,25 218.02 (9) (a) (intro.) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037. This paragraph does not apply to any of the following:

AB100, s. 3200 Section 3200. 218.02 (9) (a) 1. and 2. of the statutes are created to read:

AB100,1323,3 218.02 (9) (a) 1. Applications for licenses that are denied, or licenses that are revoked, because the department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1323,7 2. Applications for licenses that are denied or licenses that are restricted or suspended because the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 3201 Section 3201. 218.04 (3) (a) of the statutes is renumbered 218.04 (3) (a) 1. (intro.) and amended to read:

AB100,1323,13 218.04 (3) (a) 1. (intro.) Application for licenses under the provisions of this section shall be made to the division in writing, under oath, on a form to be prescribed by the division. All licenses shall expire on June thirtieth next following their date of issue. An application for a license under this section shall include the following:

AB100, s. 3202 Section 3202. 218.04 (3) (a) 1. a. and b. and 2. of the statutes are created to read:

AB100,1323,17 218.04 (3) (a) 1. a. If the applicant is an individual, the applicant's social security number.

AB100,1323,19 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB100,1323,21 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1323,23 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1324,3 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3203 Section 3203. 218.04 (4) (a) of the statutes is amended to read:

AB100,1324,15 218.04 (4) (a) Upon Except as provided in par. (am), upon the filing of such application and the payment of such fee, the division shall make an investigation, and if the division finds that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the division shall thereupon issue a license to said applicant. Such license is not assignable and shall permit operation under it only at or from the location specified in the license. A nonresident of this state may, upon complying with all other provisions of this section, secure a collection agency license provided the nonresident maintains an active office in this state.

AB100, s. 3204 Section 3204. 218.04 (4) (am) of the statutes is created to read:

AB100,1324,18 218.04 (4) (am) The division may not issue or renew a license under this section if any of the following applies:

AB100,1324,19 1. The applicant fails to provide the information required under sub. (3) (a) 1.

AB100,1324,24 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant for whom a license is not issued or renewed under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB100,1325,7 3. The applicant fails to provide his or her social security number or is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3205 Section 3205. 218.04 (5) (am) of the statutes is created to read:

AB100,1325,16 218.04 (5) (am) The division shall restrict or suspend a license issued under this section if the division finds that the licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB100, s. 3206 Section 3206. 218.04 (5) (ar) of the statutes is created to read:

AB100,1325,23 218.04 (5) (ar) The division shall revoke a license issued under this section if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB100, s. 3207 Section 3207. 218.04 (5) (b) of the statutes is amended to read:

AB100,1326,5 218.04 (5) (b) No Except as provided in pars. (am) or (ar), no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license and this shall be deemed the equivalent of delivering the notice of hearing and complaint to the licensee.

AB100, s. 3208 Section 3208. 218.04 (9) of the statutes is renumbered 218.04 (9) (intro.) and amended to read:

AB100,1326,11 218.04 (9) Administrative review. (intro.) Any licensee or other person in interest being dissatisfied with any order of the division made under this section may have a review thereof as provided in s. 220.037. This subsection does not apply to any of the following:

AB100, s. 3209 Section 3209. 218.04 (9) (a) and (b) of the statutes are created to read:

AB100,1326,15 218.04 (9) (a) An application for a license that is denied, or a license that is revoked, because the department of revenue has certified under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB100,1326,20 (b) An application for a license that is denied, or a license that is restricted or suspended, because the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 3210 Section 3210. 218.05 (3) (am) of the statutes is created to read:

AB100,1326,23 218.05 (3) (am) 1. In addition to the information required under par. (a), an application for a license under this section shall include the following:

AB100,1326,24 a. If the applicant is an individual, the applicant's social security number.

AB100,1327,2 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB100,1327,4 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB100,1327,6 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1327,9 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3211 Section 3211. 218.05 (4) (b) of the statutes is amended to read:

AB100,1327,21 218.05 (4) (b) If the division shall finds that the conditions under par. (a) 1. to 3. are not met, the division shall not issue the license and shall notify the applicant of the denial, retaining the investigation fee to cover the cost of investigating the applicant. The division shall approve or deny every application within 30 days from the filing thereof. No application shall be denied unless the applicant has had notice of a hearing on the application and an opportunity to be heard thereon. If the application is denied, the division shall, within 20 days thereafter, prepare and keep on file with the division a written order of denial which shall contain the division's findings with respect thereto and the reasons supporting the denial. The division shall mail a copy of the order of denial to the applicant at the address set forth in the application, within 5 days after the filing of the order.

AB100, s. 3212 Section 3212. 218.05 (4) (c) of the statutes is created to read:

AB100,1327,25 218.05 (4) (c) In addition to the grounds for denial of a license under par. (a), the division shall deny an application for a license under this section if any of the following applies:

AB100,1328,2 1. The applicant fails to provide the information required under sub. (3) (am) 1.

AB100,1328,7 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application is denied under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB100,1328,14 3. The applicant is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any notice or hearing under par. (b).

AB100, s. 3213 Section 3213. 218.05 (11) of the statutes is renumbered 218.05 (11) (intro.) and amended to read: