AB969,72,417 218.0134 (2) (a) If a motor vehicle dealer's agreement with an affected grantor
18requires the grantor's prior approval of an action proposed to be undertaken by the
19dealer under this subsection section, a dealer may not voluntarily change its
20ownership or executive management, transfer its dealership assets to another
21person, add another franchise at the same location as its existing franchise or
22relocate a franchise without giving prior written notice of the proposed action to the
23affected grantor and to the department of transportation. Within 20 days after
24receiving the notice, the affected grantor may serve the dealer with a written list of
25the information not already known or in the possession of the grantor that is

1reasonably necessary in order for the grantor to determine whether the proposed
2action should be approved. The grantor shall, in good faith, confirm in writing to the
3dealer the date on which it has received from the dealer or from other sources all the
4information specified on the list.
AB969,72,195 (b) An affected grantor who does not approve of the proposed action shall,
6within 30 days after receiving the dealer's written notice of the proposed action or
7within 30 days after receiving all the information specified in a written list served
8on the dealer under subd. 1. par. (a), whichever is later, file with the department of
9transportation and serve upon the dealer a written statement of the reasons for its
10disapproval. The reasons given for the disapproval or any explanation of those
11reasons by the manufacturer, distributor or importer shall not subject the
12manufacturer, distributor or importer to any civil liability unless the reasons given
13or explanations made are malicious and published with the sole intent to cause harm
14to the dealer or a transferee of the dealer. Failure to file and serve a statement within
15the applicable period shall, notwithstanding the terms of any agreement, constitute
16approval of the proposed action by the grantor. If an affected grantor files a written
17statement within the applicable period, the dealer may not voluntarily undertake
18the proposed action unless it receives an order permitting it to do so from the division
19of hearings and appeals under par. (c) 2. sub. (3) (b).
AB969,73,220 (c) A dealer who is served with a written statement by an affected grantor under
21subd. 2. par. (b) may file with the department of transportation and the division of
22hearings and appeals and serve upon the affected grantor a complaint for the
23determination of whether there is good cause for permitting the proposed action to
24be undertaken. The division of hearings and appeals shall promptly schedule a

1hearing and decide the matter. The proposed action may not be undertaken pending
2the determination of the matter.
AB969, s. 231 3Section 231. 218.01 (3x) (c) of the statutes is renumbered 218.0134 (3).
AB969, s. 232 4Section 232. 218.01 (3x) (d) (intro.) of the statutes is renumbered 218.0134 (4)
5(intro.) and amended to read:
AB969,73,66 218.0134 (4) (intro.) This subsection section does not apply to:
AB969, s. 233 7Section 233. 218.01 (3x) (d) 1. of the statutes is renumbered 218.0134 (4) (a).
AB969, s. 234 8Section 234. 218.01 (3x) (d) 2. of the statutes is renumbered 218.0134 (4) (b)
9and amended to read:
AB969,73,1210 218.0134 (4) (b) A proposed action that would require an affected grantor to
11give notice under sub. (3) (f) 1. s. 218.0116 (7) (a), except that the dealer must have
12the affected grantor's written approval before undertaking any such proposed action.
AB969, s. 235 13Section 235. 218.01 (3x) (d) 3. (intro.) of the statutes is renumbered 218.0134
14(4) (c) (intro.).
AB969, s. 236 15Section 236. 218.01 (3x) (d) 3. a. of the statutes is renumbered 218.0134 (4)
16(c) 1.
AB969, s. 237 17Section 237. 218.01 (3x) (d) 3. b. of the statutes is renumbered 218.0134 (4)
18(c) 2. (intro.) and amended to read:
AB969,73,2419 218.0134 (4) (c) 2. (intro.) The proposed change of ownership or transfer of
20dealership assets does not involve the transfer of assets or the transfer or issuance
21of stock by the dealer or one or more dealer owners to one or more immediate family
22members of one or more dealer owners or to a qualifying member of the dealer's
23management or to a partnership, limited liability company or corporation controlled
24by such those persons. In this subd. 3. b. subdivision, "immediate :
AB969,74,2
1a. "Immediate family member" means the spouse, child, grandchild, spouse of
2a child or grandchild, brother, sister or parent of the dealer owner ; and "qualifying.
AB969,74,5 3b. "Qualifying member of the dealer's management" means an individual who
4has been employed by the dealer for at least 2 years and who otherwise qualifies as
5a dealer operator.
AB969, s. 238 6Section 238. 218.01 (3x) (d) 3. c. of the statutes is renumbered 218.0134 (4) (c)
73. and amended to read:
AB969,74,178 218.0134 (4) (c) 3. The affected grantor agrees to pay the reasonable expenses,
9including reasonable attorney fees that do not exceed the usual, customary and
10reasonable fees charged for similar work done for other clients, incurred by the
11proposed new owner or transferee before the grantor's exercise of its right of first
12refusal in negotiating and implementing the contract for the proposed change of
13ownership or transfer of dealership assets. Notwithstanding this subd. 3. c.
14subdivision, no payment of expenses and attorney fees shall be required if the dealer
15has not submitted or caused to be submitted an accounting of those expenses within
167 days after the dealer's receipt of the affected grantor's written request for an
17accounting.
AB969, s. 239 18Section 239. 218.01 (3x) (d) 4. of the statutes is renumbered 218.0134 (4) (d).
AB969, s. 240 19Section 240. 218.01 (4) of the statutes is renumbered 218.0151 and amended
20to read:
AB969,75,2 21218.0151 Advisory committee. The licensor may appoint annually one or
22more local advisory committees and one general advisory committee, each consisting
23of not more than 9 members. The committees upon request of the licensor may advise
24and assist the licensor in the administration of this section ss. 218.0101 to 218.0163.

1The members of said the local advisory committees and the general advisory
2committee
shall receive no compensation for their services or expenses.
AB969, s. 241 3Section 241. 218.01 (5) (title) of the statutes is renumbered 218.0152 (title).
AB969, s. 242 4Section 242. 218.01 (5) (a) of the statutes is renumbered 218.0152 (1) and
5amended to read:
AB969,75,146 218.0152 (1) The licensor shall promote the interests of retail buyers and
7lessees of motor vehicles relating to default, delinquency, repossession or collection
8charges and the refund of the finance charge and insurance premium on prepayment
9of the instalment contract or consumer lease. It may define unfair practices in the
10motor vehicle industry and trade between licensees or between any licensees and
11retail buyers, lessees or prospective lessees of motor vehicles, but may not limit the
12price at which licensees may sell, assign or transfer receivables, contracts or other
13evidence of any obligation arising out of an instalment sale or consumer lease made
14under this section ss. 218.0101 to 218.0163.
AB969, s. 243 15Section 243. 218.01 (5) (b) 1. of the statutes is renumbered 218.0152 (2) (a)
16(intro.) and amended to read:
AB969,75,1917 218.0152 (2) (a) (intro.) The division of banking, department of transportation
18and division of hearings and appeals shall have the power in hearings arising under
19this chapter to determine do all of the following:
AB969,75,21 201. Determine the place, in this state, where they the hearings shall be held; to
21subpoena
.
AB969,75,22 222. Subpoena witnesses and documents; to take.
AB969,76,2 233. Take and permit the taking of depositions of witnesses residing in or outside
24of this state and to otherwise permit the discovery and preservation of evidence

1before hearing, in the manner provided for in civil actions in courts of record; to pay
2such
.
AB969,76,5 34. Pay the witnesses described in subd. 2 the fees and mileage for their
4attendance as is that are provided for witnesses in civil actions in courts of record;
5and to administer
.
AB969,76,6 65. Administer oaths.
AB969, s. 244 7Section 244. 218.01 (5) (b) 2. of the statutes is renumbered 218.0152 (2) (b) and
8amended to read:
AB969,76,139 218.0152 (2) (b) If the licensor has reason to believe that a violation of this
10section
ss. 218.0101 to 218.0163 has occurred, the licensor may issue subpoenas to
11compel the attendance of persons to be examined or the production of materials
12regarding the violation. Subpoenas shall be issued and served in accordance with
13ch. 885.
AB969, s. 245 14Section 245. 218.01 (5) (b) 3. of the statutes is renumbered 218.0152 (2) (c) and
15amended to read:
AB969,77,316 218.0152 (2) (c) A person providing information under this paragraph
17subsection may request that the information be designated as a trade secret, as
18defined in s. 134.90 (1) (c), or as confidential business information. The division of
19hearings and appeals or licensor shall approve the designation if the person
20providing the information demonstrates that the release of the information would
21adversely affect the person's competitive position. At least 15 days before any
22information designated as a trade secret or as confidential business information is
23disclosed to any other person, the division of hearings and appeals or licensor shall
24notify the person providing the information. The person providing the information
25may seek a court order limiting or prohibiting the disclosure. In such cases, the The

1court shall weigh the need for confidentiality of the information against the public
2interest in disclosure in determining whether to issue the order. Confidentiality is
3waived if the person providing the information consents in writing to disclosure.
AB969, s. 246 4Section 246. 218.01 (5) (c) of the statutes is renumbered 218.0152 (3) and
5amended to read:
AB969,77,106 218.0152 (3) The licensor may make promulgate such rules and regulations as
7it shall deem
as it considers necessary or proper for the effective administration and
8enforcement of this section ss. 218.0101 to 218.0163, but no licensee shall be subject
9to examination or audit by the licensor except as provided in sub. (3) (d) s. 218.0116
10(5)
.
AB969, s. 247 11Section 247. 218.01 (5m) (title) of the statutes is renumbered 218.0141 (title).
AB969, s. 248 12Section 248. 218.01 (5m) (a) of the statutes is renumbered 218.0141.
AB969, s. 249 13Section 249. 218.01 (6) (title) of the statutes is renumbered 218.0142 (title).
AB969, s. 250 14Section 250. 218.01 (6) (a) of the statutes is renumbered 218.0142 (1).
AB969, s. 251 15Section 251. 218.01 (6) (b) of the statutes is renumbered 218.0142 (2) (a)
16(intro.) and amended to read:
AB969,77,1917 218.0142 (2) (a) (intro.) Prior to or concurrent with any instalment sale, the
18seller shall deliver to the buyer a written statement describing clearly the all of the
19following:
AB969,77,20 201. The motor vehicle sold to the buyer, the.
AB969,77,21 212. The cash sale price, the.
AB969,77,22 223. The cash paid down by the buyer, the.
AB969,77,23 234. The amount credited the buyer for any trade-in and a.
AB969,77,24 245. A description of the cost to the retail buyer of any insurance, the.
AB969,78,2
16. The amount financed which may include the cost of insurance, and sales and
2use taxes, the.
AB969,78,3 37. The amount of the finance charge, the.
AB969,78,4 48. The amount of any other charge specifying its purpose, the.
AB969,78,5 59. The total of payments due from the buyer, the.
AB969,78,7 610. The terms of the payment of such the total, the of payments due from the
7buyer.
AB969,78,9 811. The amount and date of each payment necessary finally to pay the total and
9a
.
AB969,78,11 1012. A summary of any insurance coverage to be effected. The division of
11banking may determine the form of the statement.
AB969,78,14 12(b) If a written order is taken from a prospective purchaser in connection with
13any instalment sale, the written statement described in par. (a) shall be given to the
14purchaser prior to or concurrent with the signing of the order by the purchaser.
AB969, s. 252 15Section 252. 218.01 (6) (bp) of the statutes is renumbered 218.0142 (3).
AB969, s. 253 16Section 253. 218.01 (6) (c) of the statutes is renumbered 218.0142 (4) and
17amended to read:
AB969,78,2518 218.0142 (4) An exact copy of the instalment sale contract and any note or notes
19given in connection therewith with the contract shall be furnished by the seller to the
20buyer at the time the buyer signs such the contract. The buyer's copy of the contract
21shall contain the signature of the seller identical with the signature on the original
22contract. No contract shall be signed in blank except that a detailed description of
23the motor vehicle including the serial number or other identifying marks of the
24vehicle sold which are not available at the time of execution of such the contract may
25be filled in before final delivery of the motor vehicle.
AB969, s. 254
1Section 254. 218.01 (6) (d) of the statutes is renumbered 218.0142 (5) and
2amended to read:
AB969,79,63 218.0142 (5) A violation of par. (a), (b) or (bp) sub. (1), (2) or (3) bars recovery
4of any finance charge by the seller, or an assignee of the seller who, at the time of the
5assignment, had knowledge of the violation, in any suit upon a sales contract arising
6from the sale where the violation occurred.
AB969, s. 255 7Section 255. 218.01 (6) (e) of the statutes is renumbered 218.0142 (6) (a)
8(intro.) and amended to read:
AB969,79,119 218.0142 (6) (a) (intro.) Prior to 30 days after acquisition of any retail
10instalment contract from a retail seller, every finance company shall mail do all of
11the following:
AB969,79,13 121. Mail or deliver to the retail buyer a written notice that it the finance company
13has acquired the retail instalment contract from the retail seller , and shall also mail.
AB969,79,18 142. Mail or cause to be mailed with the notice described in subd. 1. a statement
15of the particulars of the retail instalment contract price required under par. (b) sub.
16(2)
to be stated by the retail seller, in accordance with the finance company's records
17respecting such the particulars of the retail instalment contract, including the
18amount of the finance charge.
AB969,79,25 19(b) Every finance company, if insurance is provided by it the finance company,
20shall also within the 30 days after acquisition of the retail instalment contract send
21or cause to be sent to the retail buyer a policy of insurance clearly setting forth the
22exact nature of the insurance coverage and the amount of the premiums, each stated
23separately, which shall be filed with the commissioner of insurance in accordance
24with ch. 625. The cancellation and rewriting of any such policy provided by the
25finance company
shall comply with the requirements of s. 631.69.
AB969, s. 256
1Section 256. 218.01 (6) (em) of the statutes is renumbered 218.0142 (7) and
2amended to read:
AB969,80,73 218.0142 (7) In the event that the dealer shall finance the instalment sale
4contract, the division of banking may permit the dealer to combine the information
5required by pars. (b) and (e) last above subs. (2) and (6) in one statement under such
6rules and regulations as that the division of banking may from time to time prescribe
7promulgate.
AB969, s. 257 8Section 257. 218.01 (6) (f) of the statutes is renumbered 218.0142 (8) and
9amended to read:
AB969,80,1510 218.0142 (8) Any retail buyer of a motor vehicle, resident in the this state of
11Wisconsin,
at the time of purchase, under a retail instalment contract, shall have a
12valid defense in any action or proceeding at law to enforce said the contract by any
13finance company that is not licensed hereunder and which has purchased or
14otherwise acquired such the contract , if such the finance company has wilfully failed
15or refused to comply with par. (e) sub. (6).
AB969, s. 258 16Section 258. 218.01 (6) (g) of the statutes is renumbered 218.0142 (9) and
17amended to read:
AB969,80,2518 218.0142 (9) Any retail buyer of a motor vehicle, resident of the this state of
19Wisconsin
at the time of purchase, under a retail instalment contract made in this
20state, shall have a valid defense against the recovery of the principal, finance charge
21and other fees included in the contract, in any action or proceeding at law to enforce
22the contract by any person who has purchased or otherwise acquired the contract,
23if the person has failed or refused prior to the purchase or acquisition to be licensed
24as a sales finance company under this section, ss. 218.0101 to 218.0163 and the
25person is actually engaged in business, in whole or in part as a sales finance company.
AB969, s. 259
1Section 259. 218.01 (6) (h) of the statutes is renumbered 218.0142 (10) and
2amended to read:
AB969,81,53 218.0142 (10) All transactions which constitute consumer transactions (s.
4421.301 (13)) are subject to chs. 421 to 427, in addition to this section ss. 218.0101
5to 218.0163
.
AB969, s. 260 6Section 260. 218.01 (6) (k) of the statutes is renumbered 218.0142 (11) and
7amended to read:
AB969,81,118 218.0142 (11) This subsection section does not apply to a retail instalment sale
9of a motor vehicle made on or after November 1, 1981, if the motor vehicle is to be used
10primarily for business or commercial purposes and not for the buyer's personal,
11family or household use.
AB969, s. 261 12Section 261. 218.01 (6m) of the statutes is renumbered 218.0143 and amended
13to read:
AB969,82,2 14218.0143 Notice of insurance to buyer under instalment sales contract.
15 Whenever a person sells or agrees to sell any motor vehicle at retail under a retail
16instalment contract wherein in which provision is made for insurance coverage, or
17a charge is made therefor, such for insurance coverage, the policy so issued or
18provided for, shall include public liability coverage protecting the driver of such the
19motor vehicle against damages resulting from the negligent use thereof of the
20vehicle
, or the seller shall, in writing, notify the buyer at the time of making such the
21retail instalment
contract that the motor vehicle is not covered by public liability
22insurance protecting the driver against damages resulting from the negligent use
23thereof of the vehicle. The seller shall obtain, on a form separate from the retail
24instalment contract, the signed acknowledgment of the buyer that he or she has been

1notified that the contract does or does not include such public liability insurance
2protecting the driver against damages resulting from the negligent use of the vehicle.
AB969, s. 262 3Section 262. 218.01 (6x) (title) and (a) to (d) of the statutes are renumbered
4218.0144 (title) and (1) to (4), and 218.0144 (4), as renumbered, is amended to read:
AB969,82,115 218.0144 (4) A prospective lessor may cancel a prelease agreement that, with
6regard to the lease terms disclosed in the prelease agreement, is contingent upon
7approval of the prospective lessee's credit by a sales finance company to whom the
8prospective lessor intends to assign the consumer lease, if the prelease agreement
9contains a provision requiring the prospective lessor to give the prospective lessee
10written notice of such the cancellation within 10 business days of execution of the
11prelease agreement and the notice is given to the prospective lessee.
AB969, s. 263 12Section 263. 218.01 (6x) (e) of the statutes, as affected by 1997 Wisconsin Act
1348
, is renumbered 218.0144 (5).
AB969, s. 264 14Section 264. 218.01 (7) of the statutes is renumbered 218.0145 and amended
15to read:
AB969,82,25 16218.0145 Prohibited acts. (1) No manufacturer of motor vehicles, no
17wholesaler or distributor of motor vehicles, and no officer, agent or representative of
18either a manufacturer, wholesaler or distributor, shall induce or coerce, or attempt
19to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle
20dealer in this state to sell, assign or transfer any retail instalment sales contract,
21obtained by such the dealer in connection with the sale by the dealer in this state of
22motor vehicles manufactured or sold by such the manufacturer, wholesaler or
23distributor, to a specified sales finance company or class of such finance companies,
24or to any other specified person, by any of the following acts or means hereinafter set
25forth, namely
:
AB969,83,4
1(a) By any express or implied statement, suggestion, promise or threat, made
2directly or indirectly,
that such the manufacturer, wholesaler or distributor will in
3any manner benefit or injure such the dealer, whether such statement, suggestion,
4threat or promise is express or implied, or made directly or indirectly
.
AB969,83,55 (b) By any act that will benefit or injure such the dealer.
AB969,83,126 (c) By any contract, or any express or implied offer of contract, made directly
7or indirectly to such the dealer, for handling such motor vehicles manufactured or
8sold by the manufacturer, wholesaler or distributor
, on the condition that such the
9dealer sell, assign or transfer the dealer's retail instalment contract thereon
10contracts on motor vehicles manufactured or sold by the manufacturer, wholesaler
11or distributor
, in this state, to a specified sales finance company or class of such
12finance companies, or to any other specified person.
AB969,83,2013 (d) By any express or implied statement or representation, made directly or
14indirectly, that such the dealer is under any obligation whatsoever to sell, assign or
15transfer any of the dealer's retail sales contracts, in this state, on motor vehicles
16manufactured or sold by such the manufacturer, wholesaler or distributor to such a
17sales finance company, or class of finance companies, or other specified person,
18because of any relationship or affiliation between such the manufacturer, wholesaler
19or distributor and such the finance company or companies or such the specified
20person or persons.
AB969,83,23 21(2) Any such statements, threats, promises, acts, contracts or offers of
22contracts, set forth in par. (a) sub. (1) are declared unfair trade practices and unfair
23competition and against the policy of this state, are unlawful and are prohibited.
AB969,84,3 24(3) No sales finance company, and no officer, agent or representative thereof
25of a sales finance company, shall induce or coerce or attempt to induce or coerce any

1retail motor vehicle dealer to transfer to such the sales finance company any of the
2dealer's retail instalment sales contracts in this state of such dealer on any motor
3vehicle by any of the following acts or means, namely:
AB969,84,84 (a) By any statement or representation, express or implied, made directly or
5indirectly, that the manufacturer, wholesaler or distributor of such the motor
6vehicles will grant such the dealer a franchise to handle such the manufacturer's,
7wholesaler's or distributor's
motor vehicles if such the dealer shall will sell, assign
8or transfer all or part of such retail sales contracts to such sales finance company.
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