AB969: Bill Text

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.

AB969, s. 312 Section 312. 429.102 (1) of the statutes is amended to read:

AB969,98,18 429.102 (1) To the extent that s. 218.01 ss. 218.0101 to 218.0163 and chs. 411 and 421 to 427 are inconsistent with this chapter, the provisions of this chapter shall apply.

AB969, s. 313 Section 313. 429.102 (2) of the statutes is amended to read:

AB969,98,23 429.102 (2) Unless superseded by the particular provisions of this chapter, parties to a motor vehicle consumer lease have all of the obligations, duties, rights and remedies provided in s. 218.01 ss. 218.0101 to 218.0163 and chs. 411 and 421 to 427 that apply to the transaction.

AB969, s. 314 Section 314. 429.104 (13m) of the statutes, as affected by 1997 Wisconsin Act 48, is amended to read:

AB969,99,15 429.104 (13m) "Gross capitalized cost" means the sum of all amounts capitalized in the consumer lease that, after subtracting the capitalized cost reduction, amortizes to the residual value by the depreciation portion of the periodic lease payments over the scheduled term of the lease or, for a single-payment lease, the single payment. These amounts may include taxes; fees for registration, license, acquisition, administration and assignment; other fees; charges for insurance, service contracts and extended warranties; and charges for a waiver of the contractual obligation to pay the gap amount, for accessories and their installation, for other services and benefits incidental to the consumer lease, and for delivering, servicing, repairing or improving the vehicle. With respect to a vehicle or other property traded in connection with a consumer lease, the term may include the outstanding unpaid balance of the amount financed under a consumer loan, as defined in s. 421.301 (12), or a retail instalment contract, as defined in s. 218.01 (1) (t) 218.0101 (32), or the unpaid balance of any early termination costs under a lease or other obligation of the lessee. The term does not include any rent charge.

AB969, s. 315 Section 315. 429.104 (19) of the statutes is amended to read:

AB969,99,18 429.104 (19) "Motor vehicle" has the meaning given in s. 218.01 (1) (m) 218.0101 (22).

AB969, s. 316 Section 316. 429.104 (21) of the statutes is amended to read:

AB969,99,22 429.104 (21) "Prospective lessee" means a natural person who enters into a prelease agreement under s. 218.01 (6x) 218.0144 with a prospective lessor, or who otherwise intends to become a lessee.

AB969, s. 317 Section 317. 429.104 (21m) of the statutes is amended to read:

AB969,99,25 429.104 (21m) "Prospective lessor" means a person regularly engaged in the business of leasing or selling vehicles who enters into a prelease agreement under s. 218.01 (6x) 218.0144 with a prospective lessee, or who otherwise intends to become a lessor.

AB969, s. 318 Section 318. 429.301 (2) of the statutes is amended to read:

AB969,100,7 429.301 (2) If a party to a consumer lease recovers damages or penalties under this chapter for an act or omission, the party may not recover any damages or penalties for the same act or omission under s. 218.01 ss. 218.0101 to 218.0163 or chs. 411 and 421 to 427.

AB969, s. 319 Section 319. 553.235 (2) (a) of the statutes is amended to read:

AB969,100,11 553.235 (2) (a) The exemption under sub. (1) is not available for the sale of a franchise in which the franchisee would be a motor vehicle dealer or a motor vehicle distributor or wholesaler, as defined in s. 218.01 (1) 218.0101.

AB969, s. 320 Section 320. 779.85 (3) of the statutes is amended to read:

AB969,100,15 779.85 (3) "Goods" has the meaning set forth in s. 402.105 (1) (c) except that this term does not include a "motor vehicle" as defined in s. 218.01 (1) (m) 218.0101 (22).

AB969, s. 321 Section 321. Effective dates. This act takes effect on the day after publication, except as follows:

AB969,100,19 (1) The treatment of section 218.01 (7a) of the statutes takes effect on January 1, 1999.

AB969,100,20 (End)