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.
AB969, s. 303 25Section 303. 341.57 (2) of the statutes is amended to read:
AB969,96,13
1341.57 (2) A finance company licensed under s. ss. 138.09 or 218.01 218.0101
2to 218.0163
, a credit union licensed under ch. 186, a savings bank organized under
3ch. 214, a savings and loan association organized under ch. 215 or a state bank or a
4national bank with offices in this state may apply to the department for registration
5on such form as the department provides. Upon receipt of the application together
6with a registration fee of $75, the department shall register the applicant and shall
7issue one registration plate containing the registration number assigned to the
8applicant. The department, upon receiving a fee of $5 for each additional plate
9desired by the applicant, shall issue additional plates as the applicant orders.
10Section 341.52 applies to the design of the plates. The registration and plates are
11valid only during the calendar year for which issued. A plate is transferable from one
12motor vehicle to another. The department may charge a fee of $2 per plate for
13replacing lost, damaged or illegible plates issued under this subsection.
AB969, s. 304 14Section 304. 342.12 (3) (a) of the statutes is amended to read:
AB969,96,1915 342.12 (3) (a) The applicant is a dealer licensed under s. 218.01 ss. 218.0101
16to 218.0163
or 218.11 and is financially responsible as substantiated by the last
17financial statement on file with the licensor, a finance company licensed under s. ss.
18138.09 or 218.01 218.0101 to 218.0163, a bank organized under the laws of this state,
19or a national bank located in this state; or
AB969, s. 305 20Section 305. 342.18 (4) (a) of the statutes is amended to read:
AB969,97,221 342.18 (4) (a) Whenever application therefor accompanied by the required fee
22is made by a finance company licensed under s. ss. 138.09 or 218.01 218.0101 to
23218.0163
, a bank organized under the laws of this state, or a national bank located
24in this state, and the vehicle in question is a used vehicle for which the department

1had issued a certificate of title to the previous owner or a vehicle previously
2registered in another jurisdiction or is a mobile home.
AB969, s. 306 3Section 306. 344.572 (2) of the statutes is amended to read:
AB969,97,94 344.572 (2) Sections 344.574, 344.576 and 344.578 do not apply to a rental
5agreement under which a person rents from a motor vehicle dealer licensed under
6s. 218.01 ss. 218.0101 to 218.0163 a private passenger vehicle owned by the dealer
7if the private passenger vehicle is rented only for use while a vehicle owned or leased
8by the person or which the person has agreed to purchase is being serviced, repaired,
9manufactured or delivered.
AB969, s. 307 10Section 307. 345.11 (1g) of the statutes is amended to read:
AB969,97,1211 345.11 (1g) The uniform traffic citation may be used for violations of s. 218.01
12(2) (a)
218.0114 (1). The report of conviction shall be forwarded to the department.
AB969, s. 308 13Section 308. 345.11 (5) of the statutes is amended to read:
AB969,97,1914 345.11 (5) Notwithstanding any other provision of the statutes, the use of the
15uniform traffic citation promulgated under sub. (4) by any peace officer in connection
16with the enforcement of any state traffic laws, any local traffic ordinances in strict
17conformity with the state traffic laws or s. 218.01 (2) (a) 218.0114 (1) shall be deemed
18adequate process to give the appropriate court jurisdiction over the person upon the
19filing with or transmitting to the court of the uniform traffic citation.
AB969, s. 309 20Section 309. 422.201 (3) of the statutes is amended to read:
AB969,97,2421 422.201 (3) For licensees under s. 138.09 and under s. 218.01 ss. 218.0101 to
22218.0163
, the finance charge, calculated according to those sections, may not exceed
23the maximums permitted in ss. 138.09 and 218.01 218.0101 to 218.0163,
24respectively.
AB969, s. 310 25Section 310. 422.202 (3) (c) of the statutes is amended to read:
AB969,98,3
1422.202 (3) (c) A merchant may not, in the same transaction, be subject to the
2penalty in s. 138.09 (9) (b), 218.01 (8) 218.0161 or 425.305 and the penalty in s.
3425.304, based on the assessment of the same additional charges.
AB969, s. 311 4Section 311. 425.301 (4) of the statutes is amended to read:
AB969,98,145 425.301 (4) The liability of a merchant under chs. 421 to 427 is in lieu of and
6not in addition to any liability under the federal consumer credit protection act and
7s. ss. 138.09 or 218.01 218.0101 to 218.0163. An action by a person alleging a
8violation under chs. 421 to 427 may not be maintained if a final judgment has been
9rendered for or against that person with respect to the same violation under the
10federal consumer credit protection act or s. ss. 138.09 or 218.01 218.0101 to 218.0163.
11If a final judgment is entered against any merchant under chs. 421 to 427 and the
12federal consumer credit protection act or s. ss. 138.09 or 218.01 218.0101 to 218.0163
13for the same violation, the merchant has a cause of action for appropriate relief to
14the extent necessary to avoid double liability.
AB969, s. 312 15Section 312. 429.102 (1) of the statutes is amended to read:
AB969,98,1816 429.102 (1) To the extent that s. 218.01 ss. 218.0101 to 218.0163 and chs. 411
17and 421 to 427 are inconsistent with this chapter, the provisions of this chapter shall
18apply.
AB969, s. 313 19Section 313. 429.102 (2) of the statutes is amended to read:
AB969,98,2320 429.102 (2) Unless superseded by the particular provisions of this chapter,
21parties to a motor vehicle consumer lease have all of the obligations, duties, rights
22and remedies provided in s. 218.01 ss. 218.0101 to 218.0163 and chs. 411 and 421 to
23427 that apply to the transaction.
AB969, s. 314 24Section 314. 429.104 (13m) of the statutes, as affected by 1997 Wisconsin Act
2548
, is amended to read:
AB969,99,15
1429.104 (13m) "Gross capitalized cost" means the sum of all amounts
2capitalized in the consumer lease that, after subtracting the capitalized cost
3reduction, amortizes to the residual value by the depreciation portion of the periodic
4lease payments over the scheduled term of the lease or, for a single-payment lease,
5the single payment. These amounts may include taxes; fees for registration, license,
6acquisition, administration and assignment; other fees; charges for insurance,
7service contracts and extended warranties; and charges for a waiver of the
8contractual obligation to pay the gap amount, for accessories and their installation,
9for other services and benefits incidental to the consumer lease, and for delivering,
10servicing, repairing or improving the vehicle. With respect to a vehicle or other
11property traded in connection with a consumer lease, the term may include the
12outstanding unpaid balance of the amount financed under a consumer loan, as
13defined in s. 421.301 (12), or a retail instalment contract, as defined in s. 218.01 (1)
14(t)
218.0101 (32), or the unpaid balance of any early termination costs under a lease
15or other obligation of the lessee. The term does not include any rent charge.
AB969, s. 315 16Section 315. 429.104 (19) of the statutes is amended to read:
AB969,99,1817 429.104 (19) "Motor vehicle" has the meaning given in s. 218.01 (1) (m)
18218.0101 (22).
AB969, s. 316 19Section 316. 429.104 (21) of the statutes is amended to read:
AB969,99,2220 429.104 (21) "Prospective lessee" means a natural person who enters into a
21prelease agreement under s. 218.01 (6x) 218.0144 with a prospective lessor, or who
22otherwise intends to become a lessee.
AB969, s. 317 23Section 317. 429.104 (21m) of the statutes is amended to read:
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