AB969: Bill Text

AB969, s. 227 Section 227. 218.01 (3r) (f) of the statutes is renumbered 218.0133 (6) and amended to read:

AB969,71,3 218.0133 (6) (a) This subsection section does not restrict the right of a motor vehicle dealer to pursue any other remedy available against a grantor who terminates, cancels or does not renew an agreement.

AB969,71,6 (b) A grantor may not make the termination benefits payments under par. (b) or (d) sub. (2) or (4) contingent on the motor vehicle dealer releasing or waiving any rights, claims or remedies.

AB969, s. 228 Section 228. 218.01 (3x) (title) of the statutes is renumbered 218.0134 (title).

AB969, s. 229 Section 229. 218.01 (3x) (a) of the statutes is renumbered 218.0134 (1) and amended to read:

AB969,71,14 218.0134 (1) In this subsection section, "affected grantor" means a manufacturer on direct dealerships, a distributor on indirect dealerships or an importer on direct dealerships that has entered into an agreement with a motor vehicle dealer and that is directly affected by an action proposed to be undertaken by the dealer under this subsection section.

AB969, s. 230 Section 230. 218.01 (3x) (b) of the statutes is renumbered 218.0134 (2) and amended to read:

AB969,72,4 218.0134 (2) (a) If a motor vehicle dealer's agreement with an affected grantor requires the grantor's prior approval of an action proposed to be undertaken by the dealer under this subsection section, a dealer may not voluntarily change its ownership or executive management, transfer its dealership assets to another person, add another franchise at the same location as its existing franchise or relocate a franchise without giving prior written notice of the proposed action to the affected grantor and to the department of transportation. Within 20 days after receiving the notice, the affected grantor may serve the dealer with a written list of the information not already known or in the possession of the grantor that is reasonably necessary in order for the grantor to determine whether the proposed action should be approved. The grantor shall, in good faith, confirm in writing to the dealer the date on which it has received from the dealer or from other sources all the information specified on the list.

AB969,72,19 (b) 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. par. (a), whichever is later, file with the department of transportation 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 division of hearings and appeals under par. (c) 2. sub. (3) (b).

AB969,73,2 (c) A dealer who is served with a written statement by an affected grantor under subd. 2. par. (b) may file with the department of transportation and the 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 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.

AB969, s. 231 Section 231. 218.01 (3x) (c) of the statutes is renumbered 218.0134 (3).

AB969, s. 232 Section 232. 218.01 (3x) (d) (intro.) of the statutes is renumbered 218.0134 (4) (intro.) and amended to read:

AB969,73,6 218.0134 (4) (intro.) This subsection section does not apply to:

AB969, s. 233 Section 233. 218.01 (3x) (d) 1. of the statutes is renumbered 218.0134 (4) (a).

AB969, s. 234 Section 234. 218.01 (3x) (d) 2. of the statutes is renumbered 218.0134 (4) (b) and amended to read:

AB969,73,12 218.0134 (4) (b) A proposed action that would require an affected grantor to give notice under sub. (3) (f) 1. s. 218.0116 (7) (a), except that the dealer must have the affected grantor's written approval before undertaking any such proposed action.

AB969, s. 235 Section 235. 218.01 (3x) (d) 3. (intro.) of the statutes is renumbered 218.0134 (4) (c) (intro.).

AB969, s. 236 Section 236. 218.01 (3x) (d) 3. a. of the statutes is renumbered 218.0134 (4) (c) 1.

AB969, s. 237 Section 237. 218.01 (3x) (d) 3. b. of the statutes is renumbered 218.0134 (4) (c) 2. (intro.) and amended to read:

AB969,73,24 218.0134 (4) (c) 2. (intro.) The proposed change of ownership or transfer of dealership assets does not involve the transfer of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to one or more immediate family members of one or more dealer owners or to a qualifying member of the dealer's management or to a partnership, limited liability company or corporation controlled by such those persons. In this subd. 3. b. subdivision, "immediate :

AB969,74,2 a. "Immediate family member" means the spouse, child, grandchild, spouse of a child or grandchild, brother, sister or parent of the dealer owner ; and "qualifying.

AB969,74,5 b. "Qualifying member of the dealer's management" means an individual who has been employed by the dealer for at least 2 years and who otherwise qualifies as a dealer operator.

AB969, s. 238 Section 238. 218.01 (3x) (d) 3. c. of the statutes is renumbered 218.0134 (4) (c) 3. and amended to read:

AB969,74,17 218.0134 (4) (c) 3. The affected grantor agrees to pay the reasonable expenses, including reasonable attorney fees that do not exceed the usual, customary and reasonable fees charged for similar work done for other clients, incurred by the proposed new owner or transferee before the grantor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. Notwithstanding this subd. 3. c. subdivision, no payment of expenses and attorney fees shall be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 7 days after the dealer's receipt of the affected grantor's written request for an accounting.

AB969, s. 239 Section 239. 218.01 (3x) (d) 4. of the statutes is renumbered 218.0134 (4) (d).

AB969, s. 240 Section 240. 218.01 (4) of the statutes is renumbered 218.0151 and amended to read:

AB969,75,2 218.0151 Advisory committee. The licensor may appoint annually one or more local advisory committees and one general advisory committee, each consisting of not more than 9 members. The committees upon request of the licensor may advise and assist the licensor in the administration of this section ss. 218.0101 to 218.0163. The members of said the local advisory committees and the general advisory committee shall receive no compensation for their services or expenses.

AB969, s. 241 Section 241. 218.01 (5) (title) of the statutes is renumbered 218.0152 (title).

AB969, s. 242 Section 242. 218.01 (5) (a) of the statutes is renumbered 218.0152 (1) and amended to read:

AB969,75,14 218.0152 (1) The licensor shall promote the interests of retail buyers and lessees of motor vehicles relating to default, delinquency, repossession or collection charges and the refund of the finance charge and insurance premium on prepayment of the instalment contract or consumer lease. It may define unfair practices in the motor vehicle industry and trade between licensees or between any licensees and retail buyers, lessees or prospective lessees of motor vehicles, but may not limit the price at which licensees may sell, assign or transfer receivables, contracts or other evidence of any obligation arising out of an instalment sale or consumer lease made under this section ss. 218.0101 to 218.0163.

AB969, s. 243 Section 243. 218.01 (5) (b) 1. of the statutes is renumbered 218.0152 (2) (a) (intro.) and amended to read:

AB969,75,19 218.0152 (2) (a) (intro.) The division of banking, department of transportation and division of hearings and appeals shall have the power in hearings arising under this chapter to determine do all of the following:

AB969,75,21 1. Determine the place, in this state, where they the hearings shall be held; to subpoena.

AB969,75,22 2. Subpoena witnesses and documents; to take.

AB969,76,2 3. Take and permit the taking of depositions of witnesses residing in or outside of this state and to otherwise permit the discovery and preservation of evidence before hearing, in the manner provided for in civil actions in courts of record; to pay such.

AB969,76,5 4. Pay the witnesses described in subd. 2 the fees and mileage for their attendance as is that are provided for witnesses in civil actions in courts of record; and to administer.

AB969,76,6 5. Administer oaths.

AB969, s. 244 Section 244. 218.01 (5) (b) 2. of the statutes is renumbered 218.0152 (2) (b) and amended to read:

AB969,76,13 218.0152 (2) (b) If the licensor has reason to believe that a violation of this section ss. 218.0101 to 218.0163 has occurred, the licensor may issue subpoenas to compel the attendance of persons to be examined or the production of materials regarding the violation. Subpoenas shall be issued and served in accordance with ch. 885.

AB969, s. 245 Section 245. 218.01 (5) (b) 3. of the statutes is renumbered 218.0152 (2) (c) and amended to read:

AB969,77,3 218.0152 (2) (c) A person providing information under this paragraph subsection may request that the information be designated as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The division of hearings and appeals or licensor shall approve the designation if the person providing the information demonstrates that the release of the information would adversely affect the person's competitive position. At least 15 days before any information designated as a trade secret or as confidential business information is disclosed to any other person, the division of hearings and appeals or licensor shall notify the person providing the information. The person providing the information may seek a court order limiting or prohibiting the disclosure. In such cases, the The court shall weigh the need for confidentiality of the information against the public interest in disclosure in determining whether to issue the order. Confidentiality is waived if the person providing the information consents in writing to disclosure.

AB969, s. 246 Section 246. 218.01 (5) (c) of the statutes is renumbered 218.0152 (3) and amended to read:

AB969,77,10 218.0152 (3) The licensor may make promulgate such rules and regulations as it shall deem as it considers necessary or proper for the effective administration and enforcement of this section ss. 218.0101 to 218.0163, but no licensee shall be subject to examination or audit by the licensor except as provided in sub. (3) (d) s. 218.0116 (5).

AB969, s. 247 Section 247. 218.01 (5m) (title) of the statutes is renumbered 218.0141 (title).

AB969, s. 248 Section 248. 218.01 (5m) (a) of the statutes is renumbered 218.0141.

AB969, s. 249 Section 249. 218.01 (6) (title) of the statutes is renumbered 218.0142 (title).

AB969, s. 250 Section 250. 218.01 (6) (a) of the statutes is renumbered 218.0142 (1).

AB969, s. 251 Section 251. 218.01 (6) (b) of the statutes is renumbered 218.0142 (2) (a) (intro.) and amended to read:

AB969,77,19 218.0142 (2) (a) (intro.) Prior to or concurrent with any instalment sale, the seller shall deliver to the buyer a written statement describing clearly the all of the following:

AB969,77,20 1. The motor vehicle sold to the buyer, the.

AB969,77,21 2. The cash sale price, the.

AB969,77,22 3. The cash paid down by the buyer, the.

AB969,77,23 4. The amount credited the buyer for any trade-in and a.

AB969,77,24 5. A description of the cost to the retail buyer of any insurance, the.

AB969,78,2 6. The amount financed which may include the cost of insurance, and sales and use taxes, the.

AB969,78,3 7. The amount of the finance charge, the.

AB969,78,4 8. The amount of any other charge specifying its purpose, the.

AB969,78,5 9. The total of payments due from the buyer, the.

AB969,78,7 10. The terms of the payment of such the total, the of payments due from the buyer.

AB969,78,9 11. The amount and date of each payment necessary finally to pay the total and a.

AB969,78,11 12. A summary of any insurance coverage to be effected. The division of banking may determine the form of the statement.

AB969,78,14 (b) If a written order is taken from a prospective purchaser in connection with any instalment sale, the written statement described in par. (a) shall be given to the purchaser prior to or concurrent with the signing of the order by the purchaser.

AB969, s. 252 Section 252. 218.01 (6) (bp) of the statutes is renumbered 218.0142 (3).

AB969, s. 253 Section 253. 218.01 (6) (c) of the statutes is renumbered 218.0142 (4) and amended to read:

AB969,78,25 218.0142 (4) An exact copy of the instalment sale contract and any note or notes given in connection therewith with the contract shall be furnished by the seller to the buyer at the time the buyer signs such the contract. The buyer's copy of the contract shall contain the signature of the seller identical with the signature on the original contract. No contract shall be signed in blank except that a detailed description of the motor vehicle including the serial number or other identifying marks of the vehicle sold which are not available at the time of execution of such the contract may be filled in before final delivery of the motor vehicle.

AB969, s. 254 Section 254. 218.01 (6) (d) of the statutes is renumbered 218.0142 (5) and amended to read:

AB969,79,6 218.0142 (5) A violation of par. (a), (b) or (bp) sub. (1), (2) or (3) bars recovery of any finance charge by the seller, or an assignee of the seller who, at the time of the assignment, had knowledge of the violation, in any suit upon a sales contract arising from the sale where the violation occurred.

AB969, s. 255 Section 255. 218.01 (6) (e) of the statutes is renumbered 218.0142 (6) (a) (intro.) and amended to read:

AB969,79,11 218.0142 (6) (a) (intro.) Prior to 30 days after acquisition of any retail instalment contract from a retail seller, every finance company shall mail do all of the following:

AB969,79,13 1. Mail or deliver to the retail buyer a written notice that it the finance company has acquired the retail instalment contract from the retail seller , and shall also mail.

AB969,79,18 2. Mail or cause to be mailed with the notice described in subd. 1. a statement of the particulars of the retail instalment contract price required under par. (b) sub. (2) to be stated by the retail seller, in accordance with the finance company's records respecting such the particulars of the retail instalment contract, including the amount of the finance charge.

AB969,79,25 (b) Every finance company, if insurance is provided by it the finance company, shall also within the 30 days after acquisition of the retail instalment contract send or cause to be sent to the retail buyer a policy of insurance clearly setting forth the exact nature of the insurance coverage and the amount of the premiums, each stated separately, which shall be filed with the commissioner of insurance in accordance with ch. 625. The cancellation and rewriting of any such policy provided by the finance company shall comply with the requirements of s. 631.69.

AB969, s. 256 Section 256. 218.01 (6) (em) of the statutes is renumbered 218.0142 (7) and amended to read:

AB969,80,7 218.0142 (7) In the event that the dealer shall finance the instalment sale contract, the division of banking may permit the dealer to combine the information required by pars. (b) and (e) last above subs. (2) and (6) in one statement under such rules and regulations as that the division of banking may from time to time prescribe promulgate.

AB969, s. 257 Section 257. 218.01 (6) (f) of the statutes is renumbered 218.0142 (8) and amended to read:

AB969,80,15 218.0142 (8) Any retail buyer of a motor vehicle, resident in the this state of Wisconsin, at the time of purchase, under a retail instalment contract, shall have a valid defense in any action or proceeding at law to enforce said the contract by any finance company that is not licensed hereunder and which has purchased or otherwise acquired such the contract , if such the finance company has wilfully failed or refused to comply with par. (e) sub. (6).

AB969, s. 258 Section 258. 218.01 (6) (g) of the statutes is renumbered 218.0142 (9) and amended to read:

AB969,80,25 218.0142 (9) Any retail buyer of a motor vehicle, resident of the this state of Wisconsin at the time of purchase, under a retail instalment contract made in this state, shall have a valid defense against the recovery of the principal, finance charge and other fees included in the contract, in any action or proceeding at law to enforce the contract by any person who has purchased or otherwise acquired the contract, if the person has failed or refused prior to the purchase or acquisition to be licensed as a sales finance company under this section, ss. 218.0101 to 218.0163 and the person is actually engaged in business, in whole or in part as a sales finance company.

AB969, s. 259 Section 259. 218.01 (6) (h) of the statutes is renumbered 218.0142 (10) and amended to read:

AB969,81,5 218.0142 (10) All transactions which constitute consumer transactions (s. 421.301 (13)) are subject to chs. 421 to 427, in addition to this section ss. 218.0101 to 218.0163.

AB969, s. 260 Section 260. 218.01 (6) (k) of the statutes is renumbered 218.0142 (11) and amended to read:

AB969,81,11 218.0142 (11) This subsection section does not apply to a retail instalment sale of a motor vehicle made on or after November 1, 1981, if the motor vehicle is to be used primarily for business or commercial purposes and not for the buyer's personal, family or household use.

AB969, s. 261 Section 261. 218.01 (6m) of the statutes is renumbered 218.0143 and amended to read:

AB969,82,2 218.0143 Notice of insurance to buyer under instalment sales contract. Whenever a person sells or agrees to sell any motor vehicle at retail under a retail instalment contract wherein in which provision is made for insurance coverage, or a charge is made therefor, such for insurance coverage, the policy so issued or provided for, shall include public liability coverage protecting the driver of such the motor vehicle against damages resulting from the negligent use thereof of the vehicle, or the seller shall, in writing, notify the buyer at the time of making such the retail instalment contract that the motor vehicle is not covered by public liability insurance protecting the driver against damages resulting from the negligent use thereof of the vehicle. The seller shall obtain, on a form separate from the retail instalment contract, the signed acknowledgment of the buyer that he or she has been notified that the contract does or does not include such public liability insurance protecting the driver against damages resulting from the negligent use of the vehicle.

AB969, s. 262 Section 262. 218.01 (6x) (title) and (a) to (d) of the statutes are renumbered 218.0144 (title) and (1) to (4), and 218.0144 (4), as renumbered, is amended to read:

AB969,82,11 218.0144 (4) A prospective lessor may cancel a prelease agreement that, with regard to the lease terms disclosed in the prelease agreement, is contingent upon approval of the prospective lessee's credit by a sales finance company to whom the prospective lessor intends to assign the consumer lease, if the prelease agreement contains a provision requiring the prospective lessor to give the prospective lessee written notice of such the cancellation within 10 business days of execution of the prelease agreement and the notice is given to the prospective lessee.

AB969, s. 263 Section 263. 218.01 (6x) (e) of the statutes, as affected by 1997 Wisconsin Act 48, is renumbered 218.0144 (5).

AB969, s. 264 Section 264. 218.01 (7) of the statutes is renumbered 218.0145 and amended to read:

AB969,82,25 218.0145 Prohibited acts. (1) No manufacturer of motor vehicles, no wholesaler or distributor of motor vehicles, and no officer, agent or representative of either a manufacturer, wholesaler or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer in this state to sell, assign or transfer any retail instalment sales contract, obtained by such the dealer in connection with the sale by the dealer in this state of motor vehicles manufactured or sold by such the manufacturer, wholesaler or distributor, to a specified sales finance company or class of such finance companies, or to any other specified person, by any of the following acts or means hereinafter set forth, namely: