AB969: Bill Text

AB969,87,21 218.0136 (3) The service of a demand for mediation under par. (a) sub. (1) shall stay the time for the filing of any complaint or petition with the division of hearings and appeals or for bringing an action under sub. (9) (a) s. 218.0163 (1), based on an alleged violation of this section ss. 218.0101 to 218.0163 by the other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131 or 218.0134, until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection section, enter an order suspending the proceeding or action for as long a period as the division of hearings and appeals or court considers to be appropriate. A suspension order issued under this paragraph subsection may be revoked upon motion of any party or upon motion of the division of hearings and appeals or the court.

AB969, s. 272 Section 272. 218.01 (7m) (d) of the statutes is renumbered 218.0136 (4) and amended to read:

AB969,88,2 218.0136 (4) The licensor shall encourage licensees under this subsection section to establish, maintain and administer a panel of mediators who have the character, ability and training to serve as mediators and who have knowledge of the motor vehicle industry.

AB969, s. 273 Section 273. 218.01 (7r) of the statutes is renumbered 218.0137 and amended to read:

AB969,88,12 218.0137 Arbitration of disputes between licensees. A manufacturer, importer or distributor and a dealer may agree to submit a dispute arising under a franchise agreement or under this section ss. 218.0101 to 218.0163 to binding arbitration. Unless agreed otherwise in an agreement that complies with subs. (2) (bm) 2. and (3) (a) 36. d. ss. 218.0114 (9) (b) and 218.0116 (1) (qm) 4., any arbitration proceeding shall be voluntary, initiated by serving a written demand for arbitration on the other party, and shall be conducted under the provisions of the state of Wisconsin arbitration plan administered by representatives of the licensees.

AB969, s. 274 Section 274. 218.01 (7t) of the statutes is renumbered 218.0138 and amended to read:

AB969,88,21 218.0138 Immunity and presumption of good faith. A mediator or arbitrator is immune from civil liability for any good faith act or omission within the scope of the mediator's or arbitrator's performance of his or her powers and duties under sub. (7m) s. 218.0136 or the arbitration plan referred to in sub. (7r) s. 218.0137. Every act or omission of a mediator or arbitrator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.

AB969, s. 275 Section 275. 218.01 (8) of the statutes is renumbered 218.0161 and amended to read:

AB969,89,2 218.0161 Penalties. Except for sub. (3) (a) 1., 3., 6., 7., 11., 12., 13., 20., 25., 29. and 30. s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), any person violating this section ss. 218.0101 to 218.0163 may be required to forfeit not less than $25 nor more than $500 for each violation.

AB969, s. 276 Section 276. 218.01 (8m) of the statutes is renumbered 218.0162 and amended to read:

AB969,89,9 218.0162 Commencement of action. Upon the request of the licensor, the department of justice or the district attorney may commence an action in the name of the state to recover a forfeiture under sub. (8) s. 218.0161. An action under sub. (8) s. 218.0161 shall be commenced within 3 years after the occurrence of the unlawful act or practice which is the subject of the action.

AB969, s. 277 Section 277. 218.01 (9) of the statutes is renumbered 218.0163 and amended to read:

AB969,89,17 218.0163 Civil damages. (1) Without exhausting any administrative remedy available under an agreement or this section ss. 218.0101 to 218.0163, except as provided in sub. (3) (f) and (fm) s. 218.0116 (7) and (8), a licensee may recover damages in a court of competent jurisdiction for pecuniary loss, together with actual costs including a reasonable attorney fee fees, if the pecuniary loss is caused by any of the following:

AB969,89,20 (a) A violation by any other licensee of sub. (3) (a) 4., 11., 15., 16., 17., 22., 23., 24., 26., 32., 35., 36., 37., 38., 39., 40., 41. or 43 s. 218.0116 (1) (bm), (f), (h), (hm), (i), (km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t) or (u).

AB969,89,22 (b) Any unfair practice found by a licensor or the division of hearings and appeals under sub. (5) (a) s. 218.0152 (1).

AB969,89,25 (1m) If a court finds that a violation or practice described in par. (a) 1. or 2. sub. (1) (a) or (b) is wilful, a licensee shall recover damages in an amount equal to 3 times the pecuniary loss, together with actual costs including reasonable attorney fees.

AB969,90,5 (2) Any retail buyer, lessee or prospective lessee suffering pecuniary loss because of a violation by a licensee of sub. (3) (a) 4., 5., 6., 8., 9., 10., 11., 18., 25. or 31. s. 218.0116 (1) (bm), (c), (cm), (dm), (e), (em), (f), (im), (m) or (p) may recover damages for the loss in any court of competent jurisdiction together with costs, including reasonable attorney fees.

AB969, s. 278 Section 278. 218.0116 (7) (d) 1d. of the statutes is created to read:

AB969,90,8 218.0116 (7) (d) 1d. "Closed" means the effective date of the termination or expiration of a dealership's or outlet's license or franchise, whichever is earlier.

AB969, s. 279 Section 279. 218.0133 (2) (b) 3. of the statutes is created to read:

AB969,90,14 218.0133 (2) (b) 3. Notwithstanding subd. 1., a grantor may not be required to repurchase a motor vehicle under subd. 1. unless the date on the original dealer invoice is within 12 months of the date on which the motor vehicle dealer terminates, cancels or does not renew an agreement or is within 18 months of the date on which the grantor terminates, cancels or does not renew an agreement.

AB969, s. 280 Section 280. 218.0133 (2) (c) 3. of the statutes is created to read:

AB969,90,24 218.0133 (2) (c) 3. Notwithstanding subd. 1., a grantor may not be required to repurchase parts, accessories, materials and paints that are not listed for sale in the grantor's price schedules in effect on the effective date of the termination, cancellation or nonrenewal if, within 2 years before the effective date of the termination, cancellation or nonrenewal, the grantor permitted a motor vehicle dealer to return obsolete parts and accessories, or a reasonable percentage of parts and accessories, for an amount that is equal to or greater than the price at which those items were listed for sale, less any allowances, at the time the return was permitted.

AB969, s. 281 Section 281. 218.0142 (2) (c) of the statutes is created to read:

AB969,91,2 218.0142 (2) (c) The division of banking may determine the form of the statement required under par. (a).

AB969, s. 282 Section 282. 218.015 of the statutes is renumbered 218.0171, and 218.0171 (1) (c) and (e), as renumbered, are amended to read:

AB969,91,8 218.0171 (1) (c) "Manufacturer" means a manufacturer as defined in s. 218.01 (1) (L) 218.0101 (20) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motor vehicles, but not including a motor vehicle dealer.

AB969,91,10 (e) "Motor vehicle dealer" has the meaning given under s. 218.01 (1) (n) 218.0101 (23) (a).

AB969, s. 283 Section 283. 218.017 of the statutes is renumbered 218.0172, and 218.0172 (1) (b), (c), (d) and (e), as renumbered, are amended to read:

AB969,91,14 218.0172 (1) (b) "Consumer" has the meaning given in s. 218.015 218.0171 (1) (b).

AB969,91,15 (c) "Manufacturer" has the meaning given in s. 218.015 218.0171 (1) (c).

AB969,91,16 (d) "Motor vehicle" has the meaning given in s. 218.015 218.0171 (1) (d).

AB969,91,18 (e) "Motor vehicle dealer" means a motor vehicle dealer, as defined in s. 218.01 (1) (n) 218.0101 (23) (a), that sells new motor vehicles.

AB969, s. 284 Section 284. 218.12 (5) of the statutes is amended to read:

AB969,91,23 218.12 (5) The provision of s. 218.01 (3) 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable.

AB969, s. 285 Section 285. 218.12 (6) of the statutes is amended to read:

AB969,92,3 218.12 (6) The provisions of s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and 218.0152 shall apply to this section, mobile home sales practices and the regulation of travel trailer or mobile home salespersons, as far as applicable.

AB969, s. 286 Section 286. 218.205 (2) (a) of the statutes is amended to read:

AB969,92,7 218.205 (2) (a) Motor vehicle dealers licensed under s. 218.01 (2) 218.0114 who remove, but do not sell, as such, parts of motor vehicles prior to sale of such vehicles to motor vehicle salvage dealers or scrap metal processors.

AB969, s. 287 Section 287. 218.21 (1m) of the statutes is amended to read:

AB969,92,12 218.21 (1m) The department may not require information relating to the applicant's solvency or financial standing if the applicant provides a bond in the amount provided in sub. (4) and under conditions specified in s. 218.01 (2) (h) 2. 218.0114 (20) (b).

AB969, s. 288 Section 288. 218.21 (4) (a) of the statutes is amended to read:

AB969,92,19 218.21 (4) (a) Unless the applicant furnishes a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b), every application shall be accompanied by a current financial statement to determine the applicant's solvency as required under sub. (1). Except as provided in par. (b), this paragraph does not apply to the application of a scrap metal processor.

AB969, s. 289 Section 289. 218.21 (6) of the statutes is amended to read:

AB969,92,22 218.21 (6) A bond may be required under conditions as provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b).

AB969, s. 290 Section 290. 218.22 (1) (intro.) of the statutes is amended to read:

AB969,93,4 218.22 (1) (intro.) The department shall issue a license to the applicant for a motor vehicle salvage dealer's license upon the receipt of a properly completed application form accompanied by the fee required under sub. (2) (c) or (d), upon being satisfied that the applicant is financially solvent or that the applicant has furnished a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b), and of good character and:

AB969, s. 291 Section 291. 218.22 (3) (m) of the statutes is amended to read:

AB969,93,7 218.22 (3) (m) Having sold a retail instalment contract to a sales finance company not licensed under s. 218.01 ss. 218.0101 to 218.0163.

AB969, s. 292 Section 292. 218.22 (5) of the statutes is amended to read:

AB969,93,13 218.22 (5) No salvage dealer licensed under ss. 218.205 to 218.23 shall be licensed as a dealer under s. 218.01 (2) 218.0114 at his or her salvage dealer location, provided that nothing herein shall prohibit licensing and transacting of both businesses at the same location where the salvage operations are physically separated.

AB969, s. 293 Section 293. 218.40 (3) of the statutes is amended to read:

AB969,93,19 218.40 (3) "Moped dealer" means any person, firm or corporation, who is engaged wholly or in part in the business of selling mopeds. Provided, however, except that a person, firm or corporation who is also a motor vehicle dealer under s. 218.01 ss. 218.0101 to 218.0163 shall be governed and regulated by the provisions of s. 218.01 ss. 218.0101 to 218.0163 and not this section.

AB969, s. 294 Section 294. 218.505 of the statutes is amended to read:

AB969,93,23 218.505 Salvage pools to be licensed as wholesalers. No motor vehicle salvage pool may engage in business as such unless licensed as a wholesaler under s. 218.01 ss. 218.0101 to 218.0163.

AB969, s. 295 Section 295. 220.285 (1) of the statutes is amended to read:

AB969,94,11 220.285 (1) Any state bank, trust company bank, licensee under s. ss. 138.09, 138.12, 218.01 218.0101 to 218.0163, 218.02, 218.04 or 218.05 or ch. 217 or credit union may cause any or all records kept by such bank, licensee or credit union to be recorded, copied or reproduced by any photostatic, photographic or miniature photographic process or by optical imaging if the process employed correctly, accurately and permanently copies, reproduces or forms a medium for copying, reproducing or recording the original record on a film or other durable material. A bank, licensee or credit union may thereafter dispose of the original record after first obtaining the written consent of the division. This section, excepting that part of it which requires written consent of the division, is applicable to national banking associations insofar as it does not contravene federal law.

AB969, s. 296 Section 296. 227.43 (1) (bg) of the statutes is amended to read:

AB969,94,19 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d) 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB969, s. 297 Section 297. 340.01 (11) (d) of the statutes is amended to read:

AB969,94,23 340.01 (11) (d) A finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163 who sells or offers for sale motor vehicles repossessed or foreclosed by it under the terms of a security contract.

AB969, s. 298 Section 298. 340.01 (28e) of the statutes is amended to read:

AB969,95,5 340.01 (28e) "Manufacturers buyback vehicle" means a motor vehicle repurchased by its manufacturer, or by an authorized distributor or dealer with compensation from the manufacturer, because of a nonconformity that was not corrected after a reasonable attempt to repair the nonconformity under s. 218.015 218.0171 or under a similar law of another state.

AB969, s. 299 Section 299. 340.01 (35e) of the statutes is amended to read:

AB969,95,8 340.01 (35e) "Motor vehicle dealer" has the meaning given in s. 218.01 (1) (n) 218.0101 (23) (a).

AB969, s. 300 Section 300. 340.01 (74t) of the statutes is amended to read:

AB969,95,11 340.01 (74t) "Wholesaler" has the meaning given in s. 218.01 (1) (e) 218.0101 (6).

AB969, s. 301 Section 301. 341.51 (6) of the statutes is amended to read:

AB969,95,15 341.51 (6) A person licensed under s. 218.01 ss. 218.0101 to 218.0163 or 218.41 as a dealer, distributor or manufacturer of only mopeds may, but need not, apply for registration under this section.

AB969, s. 302 Section 302. 341.57 (1) of the statutes is amended to read:

AB969,95,24 341.57 (1) Any motor vehicle owned or being repossessed by a finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, by a credit union licensed under ch. 186, by a savings bank organized under ch. 214, by a savings and loan association organized under ch. 215 or by a state bank or a national bank with offices in this state, may be operated on the highways of this state for any necessary purpose in repossessing, reconditioning or reselling such vehicle without such vehicle being registered if the vehicle has displayed upon it a valid registration plate issued to such licensee pursuant to this section.

AB969, s. 303 Section 303. 341.57 (2) of the statutes is amended to read:

AB969,96,13 341.57 (2) A finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, a credit union licensed under ch. 186, a savings bank organized under ch. 214, a savings and loan association organized under ch. 215 or a state bank or a national bank with offices in this state may apply to the department for registration on such form as the department provides. Upon receipt of the application together with a registration fee of $75, the department shall register the applicant and shall issue one registration plate containing the registration number assigned to the applicant. The department, upon receiving a fee of $5 for each additional plate desired by the applicant, shall issue additional plates as the applicant orders. Section 341.52 applies to the design of the plates. The registration and plates are valid only during the calendar year for which issued. A plate is transferable from one motor vehicle to another. The department may charge a fee of $2 per plate for replacing lost, damaged or illegible plates issued under this subsection.

AB969, s. 304 Section 304. 342.12 (3) (a) of the statutes is amended to read:

AB969,96,19 342.12 (3) (a) The applicant is a dealer licensed under s. 218.01 ss. 218.0101 to 218.0163 or 218.11 and is financially responsible as substantiated by the last financial statement on file with the licensor, a finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state; or

AB969, s. 305 Section 305. 342.18 (4) (a) of the statutes is amended to read:

AB969,97,2 342.18 (4) (a) Whenever application therefor accompanied by the required fee is made by a finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state, and the vehicle in question is a used vehicle for which the department had issued a certificate of title to the previous owner or a vehicle previously registered in another jurisdiction or is a mobile home.

AB969, s. 306 Section 306. 344.572 (2) of the statutes is amended to read:

AB969,97,9 344.572 (2) Sections 344.574, 344.576 and 344.578 do not apply to a rental agreement under which a person rents from a motor vehicle dealer licensed under s. 218.01 ss. 218.0101 to 218.0163 a private passenger vehicle owned by the dealer if the private passenger vehicle is rented only for use while a vehicle owned or leased by the person or which the person has agreed to purchase is being serviced, repaired, manufactured or delivered.

AB969, s. 307 Section 307. 345.11 (1g) of the statutes is amended to read:

AB969,97,12 345.11 (1g) The uniform traffic citation may be used for violations of s. 218.01 (2) (a) 218.0114 (1). The report of conviction shall be forwarded to the department.

AB969, s. 308 Section 308. 345.11 (5) of the statutes is amended to read:

AB969,97,19 345.11 (5) Notwithstanding any other provision of the statutes, the use of the uniform traffic citation promulgated under sub. (4) by any peace officer in connection with the enforcement of any state traffic laws, any local traffic ordinances in strict conformity with the state traffic laws or s. 218.01 (2) (a) 218.0114 (1) shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing with or transmitting to the court of the uniform traffic citation.

AB969, s. 309 Section 309. 422.201 (3) of the statutes is amended to read:

AB969,97,24 422.201 (3) For licensees under s. 138.09 and under s. 218.01 ss. 218.0101 to 218.0163, the finance charge, calculated according to those sections, may not exceed the maximums permitted in ss. 138.09 and 218.01 218.0101 to 218.0163, respectively.

AB969, s. 310 Section 310. 422.202 (3) (c) of the statutes is amended to read:

AB969,98,3 422.202 (3) (c) A merchant may not, in the same transaction, be subject to the penalty in s. 138.09 (9) (b), 218.01 (8) 218.0161 or 425.305 and the penalty in s. 425.304, based on the assessment of the same additional charges.

AB969, s. 311 Section 311. 425.301 (4) of the statutes is amended to read:

AB969,98,14 425.301 (4) The liability of a merchant under chs. 421 to 427 is in lieu of and not in addition to any liability under the federal consumer credit protection act and s. ss. 138.09 or 218.01 218.0101 to 218.0163. An action by a person alleging a violation under chs. 421 to 427 may not be maintained if a final judgment has been rendered for or against that person with respect to the same violation under the federal consumer credit protection act or s. ss. 138.09 or 218.01 218.0101 to 218.0163. If a final judgment is entered against any merchant under chs. 421 to 427 and the federal consumer credit protection act or s. ss. 138.09 or 218.01 218.0101 to 218.0163 for the same violation, the merchant has a cause of action for appropriate relief to the extent necessary to avoid double liability.