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.
AB969,84,139 (b) By any statement or representation, express or implied, made directly or
10indirectly, that the manufacturer, wholesaler or distributor of such motor vehicles
11will in any manner benefit or injure such the dealer if such the dealer shall does or
12shall does not sell, assign or transfer all or part of such the dealer's retail sales
13contracts to such the sales finance company.
AB969,84,2014 (c) By an express or implied statement or representation made directly or
15indirectly, that there is an express or implied obligation on the part of such the dealer
16to so sell, assign or transfer all or part of such the dealer's retail sales contracts on
17such the manufacturer's, wholesaler's or distributor's motor vehicles to such the
18sales finance company because of any relationship or affiliation between such the
19sales finance company and the manufacturer, wholesaler or distributor of such motor
20vehicles
.
AB969,84,23 21(4) Any such statement or representations set forth in par. (c) sub. (3) are
22declared to be unfair trade practices and, unfair competition and against the policy
23of this state, and are unlawful and are prohibited.
AB969,85,3 24(5) Any retail motor vehicle dealer who, pursuant to any inducement,
25statement, promise or threat hereinbefore declared unlawful under this section,

1shall sell, assign or transfer any or all of the dealer's retail instalment contracts shall
2not be guilty of any unlawful act and may be compelled to testify to each such
3unlawful act.
AB969,85,14 4(6) No manufacturer shall directly or indirectly pay or give, or contract to pay
5or give, anything of service or value to any sales finance company licensee in this
6state, and no such sales finance company licensee in this state shall accept or receive
7or contract or agree to accept or receive directly or indirectly any payment or thing
8of
service of or value from any manufacturer, if the effect of the payment or the giving
9of any such the thing of service or value by the manufacturer, or the acceptance or
10receipt thereof of the payment or thing of service or value by the sales finance
11company licensee, may be to lessen or eliminate competition or tend to grant an
12unfair trade advantage or create a monopoly in the sales finance company licensee
13who accepts or receives the payment, thing or service of value or contracts or agrees
14to accept or receive the same
.
AB969, s. 265 15Section 265. 218.01 (7a) of the statutes, as affected by 1997 Wisconsin Act 27,
16is renumbered 218.0146.
AB969, s. 266 17Section 266. 218.01 (7b) (title) of the statutes is renumbered 218.0147 (title).
AB969, s. 267 18Section 267. 218.01 (7b) of the statutes is renumbered 218.0147 (1) and
19amended to read:
AB969,86,520 218.0147 (1) No minor shall may purchase or lease any motor vehicle unless
21the minor, at the time of purchase or lease, submits to the seller or lessor a statement
22verified before a person authorized to administer oaths and made and signed by
23either parent of the purchaser or lessee, if such the signing parent has custody of the
24minor or, if neither parent has custody, then by the person having custody, setting
25forth that the purchaser or lessee has consent to purchase or lease the vehicle. The

1signature on the statement shall not impute any liability for the purchase price of
2the motor vehicle or for any payments under the consumer lease to the consenting
3person. The statement shall not adversely affect any other arrangement for the
4assumption of liability for the purchase price or any lease payments which the
5consenting person may make.
AB969,86,12 6(2) If a motor vehicle is purchased by a minor, the signed statement described
7in sub. (1)
shall accompany the application for a certificate of title and shall be filed
8by the department of transportation with the application. Failure to obtain the
9consent or to forward it, together with the application for a certificate of title in the
10event of the purchase of a motor vehicle, shall not void the contract of sale or
11consumer lease of a motor vehicle in the hands of an innocent holder, without notice,
12for value and in the ordinary course of business.
AB969,86,15 13(3) Any person who knowingly sells or leases a motor vehicle to a minor with
14knowledge of such fact
without procuring such a the statement described in sub. (1)
15may be fined not more than $200 or imprisoned for not more than 6 months or both.
AB969, s. 268 16Section 268. 218.01 (7m) (title) of the statutes is renumbered 218.0136 (title).
AB969, s. 269 17Section 269. 218.01 (7m) (a) of the statutes is renumbered 218.0136 (1) and
18amended to read:
AB969,87,319 218.0136 (1) A licensee may not file a complaint or petition with the division
20of hearings and appeals or bring an action under sub. (9) (a) s. 218.0163 (1), based
21on an alleged violation of this section ss. 218.0101 to 218.0163 by any other licensee
22or pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131
23or 218.0134
, unless the licensee serves a demand for mediation upon the other
24licensee before or contemporaneous with the filing of the complaint or petition or the
25bringing of the action. A demand for mediation shall be in writing and served upon

1the other licensee by certified mail at an address designated for that licensee in the
2licensor's records. The demand for mediation shall contain a brief statement of the
3dispute and the relief sought by the licensee filing the demand.
AB969, s. 270 4Section 270. 218.01 (7m) (b) of the statutes is renumbered 218.0136 (2).
AB969, s. 271 5Section 271. 218.01 (7m) (c) of the statutes is renumbered 218.0136 (3) and
6amended to read:
AB969,87,217 218.0136 (3) The service of a demand for mediation under par. (a) sub. (1) shall
8stay the time for the filing of any complaint or petition with the division of hearings
9and appeals or for bringing an action under sub. (9) (a) s. 218.0163 (1), based on an
10alleged violation of this section ss. 218.0101 to 218.0163 by the other licensee or
11pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131 or
12218.0134
, until the representatives of both licensees have met with a mutually
13selected mediator for the purpose of attempting to resolve the dispute. If a complaint
14or petition is filed before the meeting, the division of hearings and appeals or the
15court shall enter an order suspending the proceeding or action until the meeting has
16occurred and may, upon the written stipulation of all parties to the proceeding or
17action that they wish to continue to mediate under this subsection section, enter an
18order suspending the proceeding or action for as long a period as the division of
19hearings and appeals or court considers to be appropriate. A suspension order issued
20under this paragraph subsection may be revoked upon motion of any party or upon
21motion of the division of hearings and appeals or the court.
AB969, s. 272 22Section 272. 218.01 (7m) (d) of the statutes is renumbered 218.0136 (4) and
23amended to read:
AB969,88,224 218.0136 (4) The licensor shall encourage licensees under this subsection
25section to establish, maintain and administer a panel of mediators who have the

1character, ability and training to serve as mediators and who have knowledge of the
2motor vehicle industry.
AB969, s. 273 3Section 273. 218.01 (7r) of the statutes is renumbered 218.0137 and amended
4to read:
AB969,88,12 5218.0137 Arbitration of disputes between licensees. A manufacturer,
6importer or distributor and a dealer may agree to submit a dispute arising under a
7franchise agreement or under this section ss. 218.0101 to 218.0163 to binding
8arbitration. Unless agreed otherwise in an agreement that complies with subs. (2)
9(bm) 2. and (3) (a) 36. d.
ss. 218.0114 (9) (b) and 218.0116 (1) (qm) 4., any arbitration
10proceeding shall be voluntary, initiated by serving a written demand for arbitration
11on the other party, and shall be conducted under the provisions of the state of
12Wisconsin arbitration plan administered by representatives of the licensees.
AB969, s. 274 13Section 274. 218.01 (7t) of the statutes is renumbered 218.0138 and amended
14to read:
AB969,88,21 15218.0138 Immunity and presumption of good faith. A mediator or
16arbitrator is immune from civil liability for any good faith act or omission within the
17scope of the mediator's or arbitrator's performance of his or her powers and duties
18under sub. (7m) s. 218.0136 or the arbitration plan referred to in sub. (7r) s. 218.0137.
19Every act or omission of a mediator or arbitrator is presumed to be a good faith act
20or omission. This presumption may be overcome only by clear and convincing
21evidence.
AB969, s. 275 22Section 275. 218.01 (8) of the statutes is renumbered 218.0161 and amended
23to read:
AB969,89,2 24218.0161 Penalties. Except for sub. (3) (a) 1., 3., 6., 7., 11., 12., 13., 20., 25.,
2529. and 30.
s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), any

1person violating this section ss. 218.0101 to 218.0163 may be required to forfeit not
2less than $25 nor more than $500 for each violation.
AB969, s. 276 3Section 276. 218.01 (8m) of the statutes is renumbered 218.0162 and amended
4to read:
AB969,89,9 5218.0162 Commencement of action. Upon the request of the licensor, the
6department of justice or the district attorney may commence an action in the name
7of the state to recover a forfeiture under sub. (8) s. 218.0161. An action under sub.
8(8)
s. 218.0161 shall be commenced within 3 years after the occurrence of the
9unlawful act or practice which is the subject of the action.
AB969, s. 277 10Section 277. 218.01 (9) of the statutes is renumbered 218.0163 and amended
11to read:
AB969,89,17 12218.0163 Civil damages. (1) Without exhausting any administrative remedy
13available under an agreement or this section ss. 218.0101 to 218.0163, except as
14provided in sub. (3) (f) and (fm) s. 218.0116 (7) and (8), a licensee may recover
15damages in a court of competent jurisdiction for pecuniary loss, together with actual
16costs including a reasonable attorney fee fees, if the pecuniary loss is caused by any
17of the following:
AB969,89,2018 (a) A violation by any other licensee of sub. (3) (a) 4., 11., 15., 16., 17., 22., 23.,
1924., 26., 32., 35., 36., 37., 38., 39., 40., 41. or 43
s. 218.0116 (1) (bm), (f), (h), (hm), (i),
20(km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t) or (u)
.
AB969,89,2221 (b) Any unfair practice found by a licensor or the division of hearings and
22appeals under sub. (5) (a) s. 218.0152 (1).
AB969,89,25 23(1m) If a court finds that a violation or practice described in par. (a) 1. or 2. sub.
24(1) (a) or (b)
is wilful, a licensee shall recover damages in an amount equal to 3 times
25the pecuniary loss, together with actual costs including reasonable attorney fees.
AB969,90,5
1(2) Any retail buyer, lessee or prospective lessee suffering pecuniary loss
2because of a violation by a licensee of sub. (3) (a) 4., 5., 6., 8., 9., 10., 11., 18., 25. or
331.
s. 218.0116 (1) (bm), (c), (cm), (dm), (e), (em), (f), (im), (m) or (p) may recover
4damages for the loss in any court of competent jurisdiction together with costs,
5including reasonable attorney fees.
AB969, s. 278 6Section 278. 218.0116 (7) (d) 1d. of the statutes is created to read:
AB969,90,87 218.0116 (7) (d) 1d. "Closed" means the effective date of the termination or
8expiration of a dealership's or outlet's license or franchise, whichever is earlier.
AB969, s. 279 9Section 279. 218.0133 (2) (b) 3. of the statutes is created to read:
AB969,90,1410 218.0133 (2) (b) 3. Notwithstanding subd. 1., a grantor may not be required to
11repurchase a motor vehicle under subd. 1. unless the date on the original dealer
12invoice is within 12 months of the date on which the motor vehicle dealer terminates,
13cancels or does not renew an agreement or is within 18 months of the date on which
14the grantor terminates, cancels or does not renew an agreement.
AB969, s. 280 15Section 280. 218.0133 (2) (c) 3. of the statutes is created to read:
AB969,90,2416 218.0133 (2) (c) 3. Notwithstanding subd. 1., a grantor may not be required to
17repurchase parts, accessories, materials and paints that are not listed for sale in the
18grantor's price schedules in effect on the effective date of the termination,
19cancellation or nonrenewal if, within 2 years before the effective date of the
20termination, cancellation or nonrenewal, the grantor permitted a motor vehicle
21dealer to return obsolete parts and accessories, or a reasonable percentage of parts
22and accessories, for an amount that is equal to or greater than the price at which
23those items were listed for sale, less any allowances, at the time the return was
24permitted.
AB969, s. 281 25Section 281. 218.0142 (2) (c) of the statutes is created to read:
AB969,91,2
1218.0142 (2) (c) The division of banking may determine the form of the
2statement required under par. (a).
AB969, s. 282 3Section 282. 218.015 of the statutes is renumbered 218.0171, and 218.0171
4(1) (c) and (e), as renumbered, are amended to read:
AB969,91,85 218.0171 (1) (c) "Manufacturer" means a manufacturer as defined in s. 218.01
6(1) (L)
218.0101 (20) and agents of the manufacturer, including an importer, a
7distributor, factory branch, distributor branch and any warrantors of the
8manufacturer's motor vehicles, but not including a motor vehicle dealer.
AB969,91,109 (e) "Motor vehicle dealer" has the meaning given under s. 218.01 (1) (n)
10218.0101 (23) (a).
AB969, s. 283 11Section 283. 218.017 of the statutes is renumbered 218.0172, and 218.0172
12(1) (b), (c), (d) and (e), as renumbered, are amended to read:
AB969,91,1413 218.0172 (1) (b) "Consumer" has the meaning given in s. 218.015 218.0171 (1)
14(b).
AB969,91,1515 (c) "Manufacturer" has the meaning given in s. 218.015 218.0171 (1) (c).
AB969,91,1616 (d) "Motor vehicle" has the meaning given in s. 218.015 218.0171 (1) (d).
AB969,91,1817 (e) "Motor vehicle dealer" means a motor vehicle dealer, as defined in s. 218.01
18(1) (n)
218.0101 (23) (a), that sells new motor vehicles.
AB969, s. 284 19Section 284. 218.12 (5) of the statutes is amended to read:
AB969,91,2320 218.12 (5) The provision of s. 218.01 (3) 218.0116 relating to the denial,
21suspension and revocation of a motor vehicle salesperson's license shall apply to the
22denial, suspension and revocation of a mobile home salesperson's license so far as
23applicable.
AB969, s. 285 24Section 285. 218.12 (6) of the statutes is amended to read:
AB969,92,3
1218.12 (6) The provisions of s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and
2218.0152
shall apply to this section, mobile home sales practices and the regulation
3of travel trailer or mobile home salespersons, as far as applicable.
AB969, s. 286 4Section 286. 218.205 (2) (a) of the statutes is amended to read:
AB969,92,75 218.205 (2) (a) Motor vehicle dealers licensed under s. 218.01 (2) 218.0114 who
6remove, but do not sell, as such, parts of motor vehicles prior to sale of such vehicles
7to motor vehicle salvage dealers or scrap metal processors.
AB969, s. 287 8Section 287. 218.21 (1m) of the statutes is amended to read:
AB969,92,129 218.21 (1m) The department may not require information relating to the
10applicant's solvency or financial standing if the applicant provides a bond in the
11amount provided in sub. (4) and under conditions specified in s. 218.01 (2) (h) 2.
12218.0114 (20) (b).
AB969, s. 288 13Section 288. 218.21 (4) (a) of the statutes is amended to read:
AB969,92,1914 218.21 (4) (a) Unless the applicant furnishes a bond, or other adequate
15collateral as security, of not less than $25,000 under conditions provided by s. 218.01
16(2) (h) 2.
218.0114 (20) (b), every application shall be accompanied by a current
17financial statement to determine the applicant's solvency as required under sub. (1).
18Except as provided in par. (b), this paragraph does not apply to the application of a
19scrap metal processor.
AB969, s. 289 20Section 289. 218.21 (6) of the statutes is amended to read:
AB969,92,2221 218.21 (6) A bond may be required under conditions as provided by s. 218.01
22(2) (h) 2.
218.0114 (20) (b).
AB969, s. 290 23Section 290. 218.22 (1) (intro.) of the statutes is amended to read:
AB969,93,424 218.22 (1) (intro.) The department shall issue a license to the applicant for a
25motor vehicle salvage dealer's license upon the receipt of a properly completed

1application form accompanied by the fee required under sub. (2) (c) or (d), upon being
2satisfied that the applicant is financially solvent or that the applicant has furnished
3a bond, or other adequate collateral as security, of not less than $25,000 under
4conditions provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b), and of good character and:
AB969, s. 291 5Section 291. 218.22 (3) (m) of the statutes is amended to read:
AB969,93,76 218.22 (3) (m) Having sold a retail instalment contract to a sales finance
7company not licensed under s. 218.01 ss. 218.0101 to 218.0163.
AB969, s. 292 8Section 292. 218.22 (5) of the statutes is amended to read:
AB969,93,139 218.22 (5) No salvage dealer licensed under ss. 218.205 to 218.23 shall be
10licensed as a dealer under s. 218.01 (2) 218.0114 at his or her salvage dealer location,
11provided that nothing herein shall prohibit licensing and transacting of both
12businesses at the same location where the salvage operations are physically
13separated.
AB969, s. 293 14Section 293. 218.40 (3) of the statutes is amended to read:
AB969,93,1915 218.40 (3) "Moped dealer" means any person, firm or corporation, who is
16engaged wholly or in part in the business of selling mopeds. Provided, however,
17except that a person, firm or corporation who is also a motor vehicle dealer under s.
18218.01
ss. 218.0101 to 218.0163 shall be governed and regulated by the provisions
19of s. 218.01 ss. 218.0101 to 218.0163 and not this section.
AB969, s. 294 20Section 294. 218.505 of the statutes is amended to read:
AB969,93,23 21218.505 Salvage pools to be licensed as wholesalers. No motor vehicle
22salvage pool may engage in business as such unless licensed as a wholesaler under
23s. 218.01 ss. 218.0101 to 218.0163.
AB969, s. 295 24Section 295. 220.285 (1) of the statutes is amended to read:
AB969,94,11
1220.285 (1) Any state bank, trust company bank, licensee under s. ss. 138.09,
2138.12, 218.01 218.0101 to 218.0163, 218.02, 218.04 or 218.05 or ch. 217 or credit
3union may cause any or all records kept by such bank, licensee or credit union to be
4recorded, copied or reproduced by any photostatic, photographic or miniature
5photographic process or by optical imaging if the process employed correctly,
6accurately and permanently copies, reproduces or forms a medium for copying,
7reproducing or recording the original record on a film or other durable material. A
8bank, licensee or credit union may thereafter dispose of the original record after first
9obtaining the written consent of the division. This section, excepting that part of it
10which requires written consent of the division, is applicable to national banking
11associations insofar as it does not contravene federal law.
AB969, s. 296 12Section 296. 227.43 (1) (bg) of the statutes is amended to read:
AB969,94,1913 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review
14under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32
15(1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01
16(2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d)
218.0114 (7) (d) and
17(12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3)
, 218.11 (7) (a) and (b),
18218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09
19(2m) (d), 342.26, 343.69 and 348.25 (9).
AB969, s. 297 20Section 297. 340.01 (11) (d) of the statutes is amended to read:
AB969,94,2321 340.01 (11) (d) A finance company licensed under s. ss. 138.09 or 218.01
22218.0101 to 218.0163
who sells or offers for sale motor vehicles repossessed or
23foreclosed by it under the terms of a security contract.
AB969, s. 298 24Section 298. 340.01 (28e) of the statutes is amended to read:
AB969,95,5
1340.01 (28e) "Manufacturers buyback vehicle" means a motor vehicle
2repurchased by its manufacturer, or by an authorized distributor or dealer with
3compensation from the manufacturer, because of a nonconformity that was not
4corrected after a reasonable attempt to repair the nonconformity under s. 218.015
5218.0171 or under a similar law of another state.
AB969, s. 299 6Section 299. 340.01 (35e) of the statutes is amended to read:
AB969,95,87 340.01 (35e) "Motor vehicle dealer" has the meaning given in s. 218.01 (1) (n)
8218.0101 (23) (a).
AB969, s. 300 9Section 300. 340.01 (74t) of the statutes is amended to read:
AB969,95,1110 340.01 (74t) "Wholesaler" has the meaning given in s. 218.01 (1) (e) 218.0101
11(6)
.
AB969, s. 301 12Section 301. 341.51 (6) of the statutes is amended to read:
AB969,95,1513 341.51 (6) A person licensed under s. 218.01 ss. 218.0101 to 218.0163 or 218.41
14as a dealer, distributor or manufacturer of only mopeds may, but need not, apply for
15registration under this section.
AB969, s. 302 16Section 302. 341.57 (1) of the statutes is amended to read:
AB969,95,2417 341.57 (1) Any motor vehicle owned or being repossessed by a finance company
18licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, by a credit union licensed
19under ch. 186, by a savings bank organized under ch. 214, by a savings and loan
20association organized under ch. 215 or by a state bank or a national bank with offices
21in this state, may be operated on the highways of this state for any necessary purpose
22in repossessing, reconditioning or reselling such vehicle without such vehicle being
23registered if the vehicle has displayed upon it a valid registration plate issued to such
24licensee pursuant to this section.
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