This bill, drafted pursuant to s. 13.93 (2) (j), restructures the statutes dealing
with motor vehicle dealers, salespersons and sales finance companies to divide these
statutes into more workable sections. Language is modified to increase conformity
with current drafting style.
No substantive changes are intended. A table showing
the relationship between the new statutory numbering and the old statutory
numbering follows:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB969, s. 1
1Section
1. 73.03 (37) of the statutes is amended to read:
AB969,13,32
73.03
(37) To make refunds in connection with motor vehicles returned to the
3manufacturers by a consumer, as provided under s.
218.015 218.0171 (2) (e) and (f).
AB969, s. 2
4Section
2. 77.53 (1m) (intro.) of the statutes is amended to read:
AB969,13,85
77.53
(1m) (intro.) For motor vehicles that are used for a purpose in addition
6to retention, demonstration or display while held for sale in the regular course of
7business by a dealer who is licensed under
s. 218.01
ss. 218.0101 to 218.0163, the
8base for the tax imposed under sub. (1) is the following:
AB969, s. 3
9Section
3. 100.45 (1) (ag) of the statutes is amended to read:
AB969,13,1110
100.45
(1) (ag) "Distributor" has the meaning given in s.
218.01 (1) (e) 218.0101
11(6).
AB969, s. 4
12Section
4. 100.45 (1) (ar) of the statutes is amended to read:
AB969,14,5
1100.45
(1) (ar) "Manufacturer" has the meaning given in s.
218.01 (1) (L) 2218.0101 (20), except that, if more than one person satisfies the definition in s.
218.01
3(1) (L) 218.0101 (20) with respect to a motor vehicle, "manufacturer" means the
4person who installs the mobile air conditioner that is in the motor vehicle when the
5motor vehicle is distributed for sale in this state.
AB969, s. 5
6Section
5. 135.07 (1) of the statutes is amended to read:
AB969,14,97
135.07
(1) To a dealership to which a motor vehicle dealer or motor vehicle
8distributor or wholesaler as defined in s.
218.01 (1)
218.0101 is a party in such
9capacity.
AB969, s. 6
10Section
6. 138.04 of the statutes is amended to read:
AB969,14,16
11138.04 Legal rate. The rate of interest upon the loan or forbearance of any
12money, goods or things in action shall be $5 upon the $100 for one year and according
13to that rate for a greater or less sum or for a longer or a shorter time; but parties may
14contract for the payment and receipt of a rate of interest not exceeding the rate
15allowed in ss. 138.041 to 138.056, 138.09 to 138.12,
218.01 218.0101 to 218.0163, or
16422.201, in which case such rate shall be clearly expressed in writing.
AB969, s. 7
17Section
7. 138.051 (8) of the statutes is amended to read:
AB969,14,1918
138.051
(8) The contract rate is not subject to rate limitations imposed under
19this chapter or
s. 218.01 ss. 218.0101 to 218.0163 or
under s. 422.201.
AB969, s. 8
20Section
8. 138.052 (11) of the statutes is amended to read:
AB969,14,2221
138.052
(11) The contract rate is not subject to rate limitations imposed under
22this chapter or
s. 218.01 ss. 218.0101 to 218.0163 or
under s. 422.201.
AB969,15,2
1138.09
(3) (e) 1. c. A loan, finance or discount business under
s. 218.01 ss.
2218.0101 to 218.0163.
AB969, s. 10
3Section
10. 218.01 (title) of the statutes is repealed.
Note: The title of s. 218.01 is repealed to reflect the division of s. 218.01 into a
number of different sections.
AB969, s. 11
4Section
11. 218.01 (1) (intro.) of the statutes is renumbered 218.0101 (intro.)
5and amended to read:
AB969,15,8
6218.0101 Definitions. (intro.) In
this section ss. 218.0101 to 218.0163, unless
7the context
requires otherwise
requires, the following words and terms shall have
8the following meanings:
AB969, s. 12
9Section
12. 218.01 (1) (a) of the statutes is renumbered 218.0101 (1).
AB969, s. 13
10Section
13. 218.01 (1) (b) of the statutes is renumbered 218.0101 (3) and
11amended to read:
AB969,15,1412
218.0101
(3) "Cash price" means the retail seller's price in dollars for the sale
13of
the goods, and the transfer of unqualified title
thereto to those goods, upon
14payment of
such the retail seller's price in cash or
the a cash equivalent
thereof.
AB969, s. 14
15Section
14. 218.01 (1) (ct) of the statutes is renumbered 218.0101 (4).
AB969, s. 15
16Section
15. 218.01 (1) (df) of the statutes is renumbered 218.0101 (5).
AB969, s. 16
17Section
16. 218.01 (1) (e) of the statutes is renumbered 218.0101 (6).
AB969, s. 17
18Section
17. 218.01 (1) (f) of the statutes is renumbered 218.0101 (7).
AB969, s. 18
19Section
18. 218.01 (1) (g) of the statutes is renumbered 218.0101 (8).
AB969, s. 19
20Section
19. 218.01 (1) (gm) of the statutes is renumbered 218.0101 (9).
AB969, s. 20
21Section
20. 218.01 (1) (h) of the statutes is renumbered 218.0101 (10).
AB969, s. 21
22Section
21. 218.01 (1) (i) of the statutes is renumbered 218.0101 (11).
AB969, s. 22
23Section
22. 218.01 (1) (j) of the statutes is renumbered 218.0101 (12).
AB969, s. 23
1Section
23. 218.01 (1) (je) of the statutes is renumbered 218.0101 (13).
AB969, s. 25
4Section
25. 218.01 (1) (jg) of the statutes is renumbered 218.0101 (14).
AB969, s. 26
5Section
26. 218.01 (1) (ji) of the statutes is renumbered 218.0101 (15).
AB969, s. 27
6Section
27. 218.01 (1) (jj) of the statutes is renumbered 218.0101 (16).
AB969, s. 28
7Section
28. 218.01 (1) (jk) of the statutes is renumbered 218.0101 (17).
AB969, s. 29
8Section
29. 218.01 (1) (jm) of the statutes is renumbered 218.0101 (18) and
9amended to read:
AB969,16,1310
218.0101
(18) "License period" means the period during which a particular
11type of license described in
sub. (2) (d) s. 218.0114 (14) is effective, as established by
12the department of transportation or division of banking under
sub. (2) (cm) 2. or 4. 13s. 218.0114 (13) (b) or (d).
AB969, s. 30
14Section
30. 218.01 (1) (k) of the statutes is renumbered 218.0101 (19) and
15amended to read:
AB969,16,1816
218.0101
(19) "Licensor" means the body, either the division of banking or the
17department of transportation or both, issuing a license
hereunder under ss. 218.0101
18to 218.0163.
AB969, s. 31
19Section
31. 218.01 (1) (L) of the statutes is renumbered 218.0101 (20) (intro.)
20and amended to read:
AB969,16,2221
218.0101
(20) (intro.) "Manufacturer" means any person, resident or
22nonresident
, who
manufactures does any of the following:
AB969,16,23
23(a) Manufactures or assembles motor vehicles
or who manufactures.
AB969,17,2
24(b) Manufactures or installs on previously assembled truck chassis, special
25bodies or equipment which when installed form an integral part of the motor vehicle
1and which constitutes a major manufacturing alteration and which completed unit
2is owned by
such the manufacturer.
AB969, s. 32
3Section
32. 218.01 (1) (Lm) of the statutes is renumbered 218.0101 (21).
AB969, s. 33
4Section
33. 218.01 (1) (m) of the statutes is renumbered 218.0101 (22).
AB969, s. 34
5Section
34. 218.01 (1) (n) of the statutes is renumbered 218.0101 (23) (a), and
6218.0101 (23) (a) (intro.) and 2., as renumbered, are amended to read:
AB969,17,87
218.0101
(23) (a) (intro.) "Motor vehicle dealer" means any person, firm or
8corporation, not excluded by par.
(o) (b) who:
AB969,17,119
2.
Is engaged wholly or in part in the business of selling or leasing motor
10vehicles, including motorcycles, whether or not
such
the motor vehicles are owned
11by
such that person, firm or corporation.
AB969, s. 35
12Section
35. 218.01 (1) (o) (intro.) and 1. to 4. of the statutes are renumbered
13218.0101 (23) (b) (intro.) and 1. to 4., and 218.0101 (23) (b) 1. to 4., as renumbered,
14are amended to read:
AB969,17,1615
218.0101
(23) (b) 1. Receivers, trustees, administrators, executors, guardians
16or other persons appointed by or acting under the judgment or order of any court
; or.
AB969,17,1717
2. Public officers while performing their official duties
; or.
AB969,17,2018
3. Employes of persons, corporations or associations enumerated in subds. 1.
19and 2., when engaged in the specific performance of their duties as
such employes
20of the enumerated persons, corporations or associations.
AB969,17,2421
4. Sales finance companies or other loan agencies who sell or offer for sale motor
22vehicles repossessed or foreclosed
on by
them those sales finance companies or other
23loan agencies under terms of an instalment contract, or motor vehicles taken in trade
24on such repossessions for repossessed or foreclosed motor vehicles.
AB969, s. 37
3Section
37. 218.01 (1) (p) of the statutes is renumbered 218.0101 (24) and
4amended to read:
AB969,18,95
218.0101
(24) "Motor vehicle salesperson" means sales representative, sales
6manager, general manager or other person who is employed by a motor vehicle dealer
7for the purpose of selling or approving retail sales, or leasing or approving consumer
8leases, of motor vehicles. Any motor vehicle salesperson
licensed hereunder shall be
9licensed to sell or lease
only for
only one dealer at a time.
AB969, s. 38
10Section
38. 218.01 (1) (pt) of the statutes is renumbered 218.0101 (25).
AB969, s. 39
11Section
39. 218.01 (1) (q) of the statutes is renumbered 218.0101 (26).
AB969, s. 40
12Section
40. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).
AB969, s. 41
13Section
41. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).
AB969, s. 42
14Section
42. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).
AB969, s. 43
15Section
43. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).
AB969, s. 44
16Section
44. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).
AB969, s. 45
17Section
45. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and
18amended to read:
AB969,18,2419
218.0101
(32) "Retail instalment contract" or "instalment contract" means and
20includes every contract to sell one or more motor vehicles at retail, in which the price
21thereof of the motor vehicles is payable in one or more instalments over a period of
22time and in which the seller has either retained title to the goods or has taken or
23retained a security interest in the goods under a form of contract designated either
24as a conditional sale, chattel mortgage or otherwise.
AB969, s. 46
1Section
46. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and
2amended to read:
AB969,19,53
218.0101
(33) "Retail seller" means a person, firm or corporation selling or
4agreeing to sell one or more motor vehicles under a retail instalment contract to a
5buyer for the
latter's buyer's personal use or consumption
thereof.
AB969, s. 47
6Section
47. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and
7amended to read:
AB969,19,138
218.0101
(34) (a) "Sales finance company" means
and includes any person, firm
9or corporation engaging in the business, in whole or in part, of acquiring by purchase
10or by loan on the security thereof, or otherwise, retail instalment contracts or
11consumer leases from retail sellers or lessors in this state
, including or of making
12loans to retail sellers or lessors in this state secured by the sellers' or lessors' retail
13instalment contracts or consumer leases,
AB969,19,16
14(b) "Sales finance company" includes any motor vehicle dealer who sells or
15leases any motor vehicle on an instalment contract or consumer lease or acquires any
16retail instalment contracts in the dealer's retail sales or leases of motor vehicles.
AB969, s. 48
17Section
48. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).
AB969, s. 49
18Section
49. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).
AB969, s. 50
19Section
50. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).
AB969, s. 51
20Section
51. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).
AB969, s. 52
21Section
52. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and
22amended to read:
AB969,20,223
218.0111
(1) (intro.) The department of transportation shall issue the licenses
24provided for in
sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over
25the licensees
thereunder in respect to all
of the provisions of
this section ss. 218.0101
1to 218.0163, except
only as to such matters as that the division of banking shall have
2jurisdiction and control over all of the following:
AB969,20,5
3(a) Matters that relate to the sale of motor vehicles on retail instalment
4contracts and the financing and servicing of
such
those retail instalment contracts
5and as to such matters as.
AB969,20,9
6(b) Matters that relate to prelease agreements under
sub. (6x) s. 218.0144 and
7consumer leases under chs. 421 to 427 and 429
, over which matter the division of
8banking shall have jurisdiction and control, and the division of banking shall issue
9the.
AB969,20,10
10(c) The issuance of licenses to sales finance companies.
AB969,20,20
11(2) Either licensor
hereunder under sub. (1) shall, upon request, furnish the
12other licensor with any information it may have in respect to any licensee or
13applicant for license
under sub. (1) or any transaction in which such
a licensee or
14applicant may be a party or be interested. No license shall be issued under
sub. (2)
15(d) 1. and 8. s. 218.0114 (14) (a) and (g) until both licensors have approved the
16application. The suspension or revocation
by either licensor of
a license issued under
17s. 218.0114 (14) (a) or (g) either of such licenses shall automatically
likewise suspend
18or revoke the other license
; and such issued under s. 218.0114 (14) (a) or (g). Any 19suspension or revocation
of a license issued under s. 218.0114 (14) (a) or (g) shall be
20certified by the licensor ordering it to the other licensor.
AB969, s. 53
21Section
53. 218.01 (1b) of the statutes is renumbered 218.0113 and amended
22to read: