AB969, s. 15
16Section
15. 218.01 (1) (df) of the statutes is renumbered 218.0101 (5).
AB969, s. 16
17Section
16. 218.01 (1) (e) of the statutes is renumbered 218.0101 (6).
AB969, s. 17
18Section
17. 218.01 (1) (f) of the statutes is renumbered 218.0101 (7).
AB969, s. 18
19Section
18. 218.01 (1) (g) of the statutes is renumbered 218.0101 (8).
AB969, s. 19
20Section
19. 218.01 (1) (gm) of the statutes is renumbered 218.0101 (9).
AB969, s. 20
21Section
20. 218.01 (1) (h) of the statutes is renumbered 218.0101 (10).
AB969, s. 21
22Section
21. 218.01 (1) (i) of the statutes is renumbered 218.0101 (11).
AB969, s. 22
23Section
22. 218.01 (1) (j) of the statutes is renumbered 218.0101 (12).
AB969, s. 23
1Section
23. 218.01 (1) (je) of the statutes is renumbered 218.0101 (13).
AB969, s. 25
4Section
25. 218.01 (1) (jg) of the statutes is renumbered 218.0101 (14).
AB969, s. 26
5Section
26. 218.01 (1) (ji) of the statutes is renumbered 218.0101 (15).
AB969, s. 27
6Section
27. 218.01 (1) (jj) of the statutes is renumbered 218.0101 (16).
AB969, s. 28
7Section
28. 218.01 (1) (jk) of the statutes is renumbered 218.0101 (17).
AB969, s. 29
8Section
29. 218.01 (1) (jm) of the statutes is renumbered 218.0101 (18) and
9amended to read:
AB969,16,1310
218.0101
(18) "License period" means the period during which a particular
11type of license described in
sub. (2) (d) s. 218.0114 (14) is effective, as established by
12the department of transportation or division of banking under
sub. (2) (cm) 2. or 4. 13s. 218.0114 (13) (b) or (d).
AB969, s. 30
14Section
30. 218.01 (1) (k) of the statutes is renumbered 218.0101 (19) and
15amended to read:
AB969,16,1816
218.0101
(19) "Licensor" means the body, either the division of banking or the
17department of transportation or both, issuing a license
hereunder under ss. 218.0101
18to 218.0163.
AB969, s. 31
19Section
31. 218.01 (1) (L) of the statutes is renumbered 218.0101 (20) (intro.)
20and amended to read:
AB969,16,2221
218.0101
(20) (intro.) "Manufacturer" means any person, resident or
22nonresident
, who
manufactures does any of the following:
AB969,16,23
23(a) Manufactures or assembles motor vehicles
or who manufactures.
AB969,17,2
24(b) Manufactures or installs on previously assembled truck chassis, special
25bodies or equipment which when installed form an integral part of the motor vehicle
1and which constitutes a major manufacturing alteration and which completed unit
2is owned by
such the manufacturer.
AB969, s. 32
3Section
32. 218.01 (1) (Lm) of the statutes is renumbered 218.0101 (21).
AB969, s. 33
4Section
33. 218.01 (1) (m) of the statutes is renumbered 218.0101 (22).
AB969, s. 34
5Section
34. 218.01 (1) (n) of the statutes is renumbered 218.0101 (23) (a), and
6218.0101 (23) (a) (intro.) and 2., as renumbered, are amended to read:
AB969,17,87
218.0101
(23) (a) (intro.) "Motor vehicle dealer" means any person, firm or
8corporation, not excluded by par.
(o) (b) who:
AB969,17,119
2.
Is engaged wholly or in part in the business of selling or leasing motor
10vehicles, including motorcycles, whether or not
such
the motor vehicles are owned
11by
such that person, firm or corporation.
AB969, s. 35
12Section
35. 218.01 (1) (o) (intro.) and 1. to 4. of the statutes are renumbered
13218.0101 (23) (b) (intro.) and 1. to 4., and 218.0101 (23) (b) 1. to 4., as renumbered,
14are amended to read:
AB969,17,1615
218.0101
(23) (b) 1. Receivers, trustees, administrators, executors, guardians
16or other persons appointed by or acting under the judgment or order of any court
; or.
AB969,17,1717
2. Public officers while performing their official duties
; or.
AB969,17,2018
3. Employes of persons, corporations or associations enumerated in subds. 1.
19and 2., when engaged in the specific performance of their duties as
such employes
20of the enumerated persons, corporations or associations.
AB969,17,2421
4. Sales finance companies or other loan agencies who sell or offer for sale motor
22vehicles repossessed or foreclosed
on by
them those sales finance companies or other
23loan agencies under terms of an instalment contract, or motor vehicles taken in trade
24on such repossessions for repossessed or foreclosed motor vehicles.
AB969, s. 37
3Section
37. 218.01 (1) (p) of the statutes is renumbered 218.0101 (24) and
4amended to read:
AB969,18,95
218.0101
(24) "Motor vehicle salesperson" means sales representative, sales
6manager, general manager or other person who is employed by a motor vehicle dealer
7for the purpose of selling or approving retail sales, or leasing or approving consumer
8leases, of motor vehicles. Any motor vehicle salesperson
licensed hereunder shall be
9licensed to sell or lease
only for
only one dealer at a time.
AB969, s. 38
10Section
38. 218.01 (1) (pt) of the statutes is renumbered 218.0101 (25).
AB969, s. 39
11Section
39. 218.01 (1) (q) of the statutes is renumbered 218.0101 (26).
AB969, s. 40
12Section
40. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).
AB969, s. 41
13Section
41. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).
AB969, s. 42
14Section
42. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).
AB969, s. 43
15Section
43. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).
AB969, s. 44
16Section
44. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).
AB969, s. 45
17Section
45. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and
18amended to read:
AB969,18,2419
218.0101
(32) "Retail instalment contract" or "instalment contract" means and
20includes every contract to sell one or more motor vehicles at retail, in which the price
21thereof of the motor vehicles is payable in one or more instalments over a period of
22time and in which the seller has either retained title to the goods or has taken or
23retained a security interest in the goods under a form of contract designated either
24as a conditional sale, chattel mortgage or otherwise.
AB969, s. 46
1Section
46. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and
2amended to read:
AB969,19,53
218.0101
(33) "Retail seller" means a person, firm or corporation selling or
4agreeing to sell one or more motor vehicles under a retail instalment contract to a
5buyer for the
latter's buyer's personal use or consumption
thereof.
AB969, s. 47
6Section
47. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and
7amended to read:
AB969,19,138
218.0101
(34) (a) "Sales finance company" means
and includes any person, firm
9or corporation engaging in the business, in whole or in part, of acquiring by purchase
10or by loan on the security thereof, or otherwise, retail instalment contracts or
11consumer leases from retail sellers or lessors in this state
, including or of making
12loans to retail sellers or lessors in this state secured by the sellers' or lessors' retail
13instalment contracts or consumer leases,
AB969,19,16
14(b) "Sales finance company" includes any motor vehicle dealer who sells or
15leases any motor vehicle on an instalment contract or consumer lease or acquires any
16retail instalment contracts in the dealer's retail sales or leases of motor vehicles.
AB969, s. 48
17Section
48. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).
AB969, s. 49
18Section
49. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).
AB969, s. 50
19Section
50. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).
AB969, s. 51
20Section
51. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).
AB969, s. 52
21Section
52. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and
22amended to read:
AB969,20,223
218.0111
(1) (intro.) The department of transportation shall issue the licenses
24provided for in
sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over
25the licensees
thereunder in respect to all
of the provisions of
this section ss. 218.0101
1to 218.0163, except
only as to such matters as that the division of banking shall have
2jurisdiction and control over all of the following:
AB969,20,5
3(a) Matters that relate to the sale of motor vehicles on retail instalment
4contracts and the financing and servicing of
such
those retail instalment contracts
5and as to such matters as.
AB969,20,9
6(b) Matters that relate to prelease agreements under
sub. (6x) s. 218.0144 and
7consumer leases under chs. 421 to 427 and 429
, over which matter the division of
8banking shall have jurisdiction and control, and the division of banking shall issue
9the.
AB969,20,10
10(c) The issuance of licenses to sales finance companies.
AB969,20,20
11(2) Either licensor
hereunder under sub. (1) shall, upon request, furnish the
12other licensor with any information it may have in respect to any licensee or
13applicant for license
under sub. (1) or any transaction in which such
a licensee or
14applicant may be a party or be interested. No license shall be issued under
sub. (2)
15(d) 1. and 8. s. 218.0114 (14) (a) and (g) until both licensors have approved the
16application. The suspension or revocation
by either licensor of
a license issued under
17s. 218.0114 (14) (a) or (g) either of such licenses shall automatically
likewise suspend
18or revoke the other license
; and such issued under s. 218.0114 (14) (a) or (g). Any 19suspension or revocation
of a license issued under s. 218.0114 (14) (a) or (g) shall be
20certified by the licensor ordering it to the other licensor.
AB969, s. 53
21Section
53. 218.01 (1b) of the statutes is renumbered 218.0113 and amended
22to read:
AB969,21,8
23218.0113 Licenses for dealers, distributors, manufacturers or
24transporters of semitrailers and trailers. Subject to ch. 180 where applicable,
25any dealer, distributor, manufacturer or transporter of semitrailers or trailers
1designed for use in combination with a truck or truck tractor is
deemed considered 2licensed under
this section ss. 218.0101 to 218.0163 where for purposes of chs. 341
3and 342
a license under
this section
ss. 218.0101 to 218.0163 is required. This
4subsection section is enacted to remove an undue burden on interstate commerce
5from a class of commercial transactions in which the business character of the parties
6does not require the protection provided by
this section ss. 218.0101 to 218.0163 and
7to promote the expansion of credit for truck operators who require banking and
8financing facilities throughout the United States.
AB969, s. 54
9Section
54. 218.01 (2) (title) of the statutes is renumbered 218.0114 (title).
AB969, s. 55
10Section
55. 218.01 (2) (a) of the statutes is renumbered 218.0114 (1) and
11amended to read:
AB969,21,1812
218.0114
(1) No
person may engage in the business of being a motor vehicle
13dealer, motor vehicle salesperson or sales finance company
shall engage in business
14as such in this state without a license therefor as provided in
this section ss. 218.0101
15to 218.0163. If any motor vehicle dealer acts as a motor vehicle salesperson, he or
16she shall secure a motor vehicle salesperson's license in addition to a
license for motor
17vehicle dealer
license. Every motor vehicle dealer shall be responsible for the
18licensing of every motor vehicle salesperson in his or her employ.
AB969, s. 56
19Section
56. 218.01 (2) (am) of the statutes is renumbered 218.0114 (2) and
20amended to read:
AB969,21,2321
218.0114
(2) No
person may engage in the business of being a manufacturer,
22importer or distributor
shall engage in business as such in this state without a
23license therefor as provided in
this section ss. 218.0101 to 218.0163.
AB969, s. 57
24Section
57. 218.01 (2) (an) of the statutes is renumbered 218.0114 (3) and
25amended to read:
AB969,22,3
1218.0114
(3) No
person may engage in the business of being a factory
2representative or distributor representative
shall engage in business as such in this
3state without a license therefor as provided in
this section ss. 218.0101 to 218.0163.
AB969, s. 58
4Section
58. 218.01 (2) (b) of the statutes is renumbered 218.0114 (4) and
5amended to read:
AB969,22,216
218.0114
(4) Application for
a license
under this section shall be made to the
7licensor, at
such the time, in
such the form and with
such information
as that the
8licensor
shall may require and shall be accompanied by the required fees. An
9applicant for a sales finance company license, other than a motor vehicle dealer, shall
10pay to the division of banking a nonrefundable $300 investigation fee in addition to
11the license fee under
par. (dr) sub. (16). If the cost of an investigation exceeds $300,
12the applicant shall, upon demand of the division of banking, pay the amount by
13which the cost of the investigation exceeds the nonrefundable fee. A licensee is not
14required to pay an investigation fee for the renewal of a license. The licensor may
15require the applicant to provide information relating to any pertinent matter that
16is commensurate with the safeguarding of the public interest in the locality in which
17the applicant proposes to engage in business, except that information relating to the
18applicant's solvency and financial standing may not be required for motor vehicle
19dealers except as provided in
par. (h) 1. sub. (20) (a). The information provided may
20be considered by the licensor in determining the fitness of the applicant to engage
21in business as set forth in
this section ss. 218.0101 to 218.0163.
AB969, s. 59
22Section
59. 218.01 (2) (bb) of the statutes is renumbered 218.0114 (5) and
23amended to read:
AB969,23,624
218.0114
(5) (a) A motor vehicle dealer or an applicant for a motor vehicle
25dealer license shall provide and maintain in force a bond or irrevocable letter of credit
1of not less than $25,000 or, if the dealer or applicant sells or proposes to sell
2motorcycles and not other types of motor vehicles, a bond or irrevocable letter of
3credit of not less than $5,000. The bond or letter of credit shall be executed in the
4name of the department of transportation for the benefit of any person who sustains
5a loss because of an act of a motor vehicle dealer that constitutes grounds for the
6suspension or revocation of a license under
this section ss. 218.0101 to 218.0163.
AB969,23,147
(b) A sales finance company or an applicant for a sales finance company license
8shall provide and maintain in force a bond or irrevocable letter of credit of not less
9than $25,000 issued by a surety company licensed to do business in this state or a
10federally insured financial institution, as defined in s. 705.01 (3). The bond or letter
11of credit shall be payable to the state of Wisconsin for the use of the state and of any
12person who sustains a loss because of an act of a sales finance company that
13constitutes grounds for the suspension or revocation of a license under
this section 14ss. 218.0101 to 218.0163.
AB969, s. 60
15Section
60. 218.01 (2) (bc) of the statutes is renumbered 218.0114 (6) and
16amended to read:
AB969,24,517
218.0114
(6) Except as provided in this
subsection section every dealer and
18distributor of new motor vehicles shall, at the time of application for a license, file
19with the department of transportation a certified copy of the applicant's written
20agreement and a certificate of appointment as dealer or distributor, respectively. The
21certificate of appointment shall be signed by an authorized agent of the
22manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or,
23where the manufacturer is wholesaling through an appointed distributorship, by an
24authorized agent of the distributor on indirect distributor-dealer agreements. The
25certificate shall be signed by an authorized agent of the importer on direct
1importer-dealer agreements of foreign-made vehicles; or by an authorized agent of
2the distributor on indirect distributor-dealer agreements. The distributor's
3certificate of appointment shall be signed by an authorized agent of the
4manufacturer; or by an agent of the manufacturer or importer of foreign
5manufactured vehicles.
AB969, s. 61
6Section
61. 218.01 (2) (bd) 1. of the statutes is renumbered 218.0114 (7) (a) 1.
7(intro.) and amended to read:
AB969,24,128
218.0114
(7) (a) 1. (intro.) A written agreement need not be filed for each dealer
9or distributor if the manufacturer
on or importer for direct dealerships or distributor
10on for indirect dealerships
or importer on direct dealerships utilizes the identical
11basic agreement for all its dealers or distributors in Wisconsin and certifies in the
12certificate of appointment
that such blanket all of the following:
AB969,24,14
13a. That the basic agreement is on file
and such written with the department
14of transportation.
AB969,24,17
15b. That the manufacturer's, distributor's or importer's agreement with
such
16dealer each of its dealers or
distributor distributors, respectively, is identical
with to 17the filed
blanket basic agreement
, and.
AB969,24,20
18c. That the manufacturer, distributor or importer has filed
with the department
19of transportation one
such executed basic agreement together with a list of
its 20authorized dealers or distributors
. Such with the department of transportation.
AB969,24,22
212. A manufacturer, distributor or importer shall notify the department of
22transportation immediately of
any of the
following:
AB969,24,24
23a. The appointment of any additional dealers or distributors
, of any not
24included in the list filed under subd. 1. c.
AB969,25,2
1b. Any revisions of or additions to the basic agreement on file
, or of any under
2subd. 1. a.
AB969,25,4
3c. Any individual dealer or distributor supplements to
such the basic 4agreement
on file under subd. 1. a.
AB969,25,14
53. Except as provided in
subd. 1g., the par. (b), a manufacturer, distributor or
6importer shall notify
the a dealer or distributor
and forward a copy of such notice to
7the department of transportation of the discontinuation or cancellation of the
8manufacturer's, distributor's or importer's agreement
of any of its dealers or
9distributors at least 60 days before the effective date
thereof together with of the
10discontinuation or cancellation. The notice shall state the specific grounds for
11discontinuation or cancellation of the agreement
, if discontinued or canceled. The
12manufacturer, distributor or importer that issues the notice of discontinuation or
13cancellation shall forward a copy of the notice to the department of transportation
14at least 60 days before the effective date of the discontinuation or cancellation.
AB969,25,19
15(e) Agreements and certificates of appointment are
deemed considered to be
16continuing unless the manufacturer, distributor or importer has notified the
17department
of transportation of the discontinuation or cancellation of the agreement
18of any of its dealers or distributors, and annual renewal of certifications filed as
19provided in this
subsection section is not necessary.
AB969, s. 62
20Section
62. 218.01 (2) (bd) 1g. of the statutes is renumbered 218.0114 (7) (b).
AB969, s. 63
21Section
63. 218.01 (2) (bd) 1r. of the statutes is renumbered 218.0114 (7) (c),
22and 218.0114 (7) (c) (intro.), as renumbered, is amended to read:
AB969,25,2523
218.0114
(7) (c) (intro) The notice served upon a motor vehicle dealer under
24subds. 1. and 1g. pars. (a) 3. and (b) is not effective unless it conspicuously displays
25the following statement: