AB969,30,2
1(d) The division of banking shall promulgate rules establishing the license
2period for the license described in
par. (d) 8. sub. (14) (g).
AB969,30,43
(e) The division of banking may promulgate rules establishing expiration dates
4for licenses issued under
par. (d) 8. sub. (14) (g).
AB969, s. 81
5Section
81. 218.01 (2) (d) (intro.) of the statutes is renumbered 218.0114 (14)
6(intro.) and amended to read:
AB969,30,97
218.0114
(14) (intro.) Subject to
par. (dm) sub. (15), the fee for licenses
8described in this
paragraph subsection equals the number of years in a license period
9multiplied by whichever of the following applies:
AB969, s. 82
10Section
82. 218.01 (2) (d) 1. of the statutes is renumbered 218.0114 (14) (a) and
11amended to read:
AB969,30,1512
218.0114
(14) (a) For motor vehicle dealers, to the department of
13transportation, $20 for each office or branch
thereof
of the motor vehicle dealer, plus
14$1 for a supplemental license for each used motor vehicle lot within the same
15municipality, but not immediately adjacent to the office or to a branch.
AB969, s. 83
16Section
83. 218.01 (2) (d) 2. of the statutes is renumbered 218.0114 (14) (b).
AB969, s. 84
17Section
84. 218.01 (2) (d) 3. of the statutes is renumbered 218.0114 (14) (c).
AB969, s. 85
18Section
85. 218.01 (2) (d) 4. of the statutes is renumbered 218.0114 (14) (d) and
19amended to read:
AB969,30,2120
218.0114
(14) (d) Any person licensed under
subd. 2. or 3. next preceding, par.
21(b) or (c) may also operate as a motor vehicle dealer, without any additional fee.
AB969, s. 86
22Section
86. 218.01 (2) (d) 5. of the statutes is renumbered 218.0114 (14) (e).
AB969, s. 87
23Section
87. 218.01 (2) (d) 6. of the statutes is renumbered 218.0114 (14) (f).
AB969, s. 88
24Section
88. 218.01 (2) (d) 8. of the statutes is renumbered 218.0114 (14) (g) and
25amended to read:
AB969,31,2
1218.0114
(14) (g) 1. Except as provided in subd.
8. b. 2., for motor vehicle
2dealers, to the division of banking, $10.
AB969,31,63
2. For motor vehicle dealers that operate as a sales finance company or that
4carry or retain retail instalment contracts or consumer leases for more than 30 days,
5to the division of banking, the same as for sales finance companies under
par. (dr) 6sub. (16).
AB969, s. 89
7Section
89. 218.01 (2) (dm) of the statutes is renumbered 218.0114 (15) and
8amended to read:
AB969,31,129
218.0114
(15) (a) If the department of transportation or division of banking
10establishes a license period that is not evenly divisible into years, the department of
11transportation or division of banking shall prorate the remainder when determining
12the license fee under
par. (d) sub. (14).
AB969,31,1913
(b) If the department of transportation or division of banking grants a license
14described under
par. (d) sub. (14) during the license period, the fee for the license
15shall equal the applicable dollar amount under
par. (d) 1. to 8. sub. (14) (a) to (g) 16multiplied by the number of calendar years, including parts of calendar years, during
17which the license remains in effect. A fee determined under this
subdivision 18paragraph may not exceed the license fee for an entire license period under
par. (d) 19sub. (14).
AB969, s. 91
22Section
91. 218.01 (2) (e) of the statutes is renumbered 218.0114 (17) and
23amended to read:
AB969,32,624
218.0114
(17) The licenses of dealers, manufacturers, factory branches,
25distributors, distributor branches and sales finance companies shall specify the
1location of the office or branch and must be conspicuously displayed
there at that
2location. In case
such the location
be of the office or branch is changed, the licensor
3shall indorse the change of location on the license
, without charge
, if
it be the new
4location is within the same municipality
as the previous location. A change of
5location to another municipality shall require a new license, except for sales finance
6companies.
AB969, s. 92
7Section
92. 218.01 (2) (f) of the statutes is renumbered 218.0114 (18) and
8amended to read:
AB969,32,169
218.0114
(18) Every salesperson, factory representative or distributor
10representative shall carry his or her license when engaged in business, and display
11the license upon request. The license shall name
his or her the licensee's employer
,
12and in case of. Upon leaving an employer, the
salesperson licensee shall immediately
13surrender the license to his or her employer who shall mail the license to the licensor.
14If during the license period the
individual licensee again is employed or acts as a
15salesperson, he or she shall make application for reissue of a salesperson's license.
16There shall be no fee in connection with
such the subsequent applications.
AB969, s. 93
17Section
93. 218.01 (2) (g) of the statutes is renumbered 218.0114 (19).
AB969, s. 94
18Section
94. 218.01 (2) (h) 1. of the statutes is renumbered 218.0114 (20) (a) and
19amended to read:
AB969,32,2420
218.0114
(20) (a) If the licensor has reasonable cause to doubt the financial
21responsibility of the applicant or licensee or the compliance by the applicant or
22licensee with
this section ss. 218.0101 to 218.0163, the licensor may require the
23applicant or licensee to furnish information relating to the applicant's or licensee's
24solvency and financial standing.
AB969, s. 95
1Section
95. 218.01 (2) (h) 2. of the statutes is renumbered 218.0114 (20) (b) and
2amended to read:
AB969,33,173
218.0114
(20) (b)
Provided If the licensor has reasonable cause to doubt the
4financial responsibility of the applicant or licensee or the compliance by the
5applicant or licensee with
this section ss. 218.0101 to 218.0163, the licensor may
6require the applicant or licensee to furnish and maintain a bond in the form, amount
7and with the sureties it approves, but not less than $5,000, nor more than $100,000,
8conditioned upon the applicant or licensee complying with the statutes applicable to
9the licensee and as indemnity for any loss sustained by any person by reason of any
10acts of the licensee constituting grounds for suspension or revocation of the license
11under
this section ss. 218.0101 to 218.0163. The bonds shall be executed in the name
12of the department of transportation for the benefit of any aggrieved parties
;
13provided, except that the aggregate liability of the surety to all
such aggrieved 14parties shall, in no event, exceed the amount of the bond. The bonding requirements
15in this
subdivision paragraph shall not apply to manufacturers, factory branches,
16and their agents and is in addition to the bond or letter of credit required of a motor
17vehicle dealer under
par. (bb) 1. sub. (5) (a).
AB969, s. 96
18Section
96. 218.01 (2) (h) 3. of the statutes is renumbered 218.0114 (20) (c) and
19amended to read:
AB969,34,420
218.0114
(20) (c) An applicant or licensee furnishing information under
subd.
211. par. (a) may designate the information as a trade secret, as defined in s. 134.90 (1)
22(c), or as confidential business information. The licensor shall notify the applicant
23or licensee providing the information 15 days before any information designated as
24a trade secret or as confidential business information is disclosed to the legislature,
25a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s.
1605.01 (1)
, or any other person. The applicant or licensee furnishing the information
2may seek a court order limiting or prohibiting the disclosure
. In such cases in which
3case, the court shall weigh the need for confidentiality of the information against the
4public interest in the disclosure.
AB969, s. 97
5Section
97. 218.01 (2) (i) of the statutes is renumbered 218.0114 (21) and
6amended to read:
AB969,34,197
218.0114
(21) Application for dealers' licenses shall be submitted to the
8department of transportation in duplicate and shall contain such information as the
9licensors require. Application for sales finance company licenses shall contain such
10information as the division of banking requires. No motor vehicle dealer or sales
11finance company, unless so licensed, shall be permitted to register or receive or use
12registration plates under ss. 341.47 to 341.57. The department of transportation
13shall transmit the duplicate copy of each application for a dealer's license to the
14division of banking with the fee required under
par. (d) 8. sub. (14) (g). The division
15of banking may not refund the fee required under
par. (d) 8. sub. (14) (g). The division
16of banking shall approve a sales finance company license for a dealer if no prior sales
17finance company license has been suspended or revoked, and if the applicant meets
18the requirements of
this section ss. 218.0101 to 218.0163 relating to sales finance
19companies.
AB969, s. 98
20Section
98. 218.01 (2) (j) of the statutes is renumbered 218.0114 (22) and
21amended to read:
AB969,34,2422
218.0114
(22) A motor vehicle dealer licensed in accordance with the provisions
23of
this section ss. 218.0101 to 218.0163 shall make reports to the licensor at such
24intervals and showing such information as the licensor may require.
AB969, s. 99
25Section
99. 218.01 (2) (k) of the statutes is renumbered 218.0114 (23).
AB969, s. 100
1Section
100. 218.01 (2a) (title) of the statutes is renumbered 218.0119 (title).
AB969, s. 101
2Section
101. 218.01 (2a) (a) of the statutes is renumbered 218.0119 (1).
AB969, s. 102
3Section
102. 218.01 (2a) (b) of the statutes is renumbered 218.0119 (2) and
4amended to read:
AB969,35,85
218.0119
(2) Whenever a licensed dealer, distributor, manufacturer or
6transporter opens a new place of business, the licensee shall promptly report
such 7that fact, including the address
thereof of the new place of business, to the
8department of transportation.
AB969, s. 103
9Section
103. 218.01 (2a) (c) of the statutes is renumbered 218.0119 (3) and
10amended to read:
AB969,35,1811
218.0119
(3) Whenever a licensed dealer, distributor or manufacturer
12discontinues or disposes of his or her business,
such person that dealer, distributor
13or manufacturer shall promptly report
such that fact to the department of
14transportation and return the license and registration plates issued. Whenever a
15licensed dealer, distributor or manufacturer discontinues business due to license
16suspension or revocation,
such person that dealer, distributor or manufacturer shall
17surrender the licenses and registration plates to the department of transportation
18for
such the suspension or revocation period.
AB969, s. 104
19Section
104. 218.01 (2a) (d) of the statutes is renumbered 218.0119 (4) and
20amended to read:
AB969,35,2321
218.0119
(4) Any dealer, distributor, manufacturer or transporter who fails to
22comply with the requirements of this
subsection section may be fined not more than
23$200 or imprisoned
for not more than 6 months or both.
AB969, s. 105
24Section
105. 218.01 (2c) of the statutes is renumbered 218.0121 and amended
25to read:
AB969,36,4
1218.0121 Factory stores. A manufacturer, importer or distributor, or a
2subsidiary
thereof of a manufacturer, importer or distributor, shall not own, operate
3or control a motor vehicle dealership in this state. This subsection does not prohibit
4any of the following:
AB969,36,8
5(1) The ownership and operation by a manufacturer, importer or distributor,
6or a subsidiary
thereof of a manufacturer, importer or distributor, of a dealership for
7a temporary period, not to exceed one year, during the transition from one owner or
8operator to another.
AB969,36,16
9(2) The ownership or control of a dealership by a manufacturer, importer or
10distributor, or a subsidiary
thereof of a manufacturer, importer or distributor, if the
11dealership is being sold under a bona fide contract or purchase option to the operator
12of the dealership, or a contract exists under which the operator of the dealership can
13expect to acquire full ownership of or a controlling interest in the dealership, and
14after the transfer of ownership is completed the dealership will no longer be owned,
15operated or controlled by the manufacturer, importer or distributor, or a subsidiary
16thereof of the manufacturer, importer or distributor.
AB969,36,24
17(3) The ownership, operation or control of a dealership by a manufacturer,
18importer or distributor, or subsidiary
thereof of a manufacturer, importer or
19distributor, which does not meet the conditions under
par. (a) or (b) sub. (1) or (2), if
20the division of hearings and appeals determines, after a hearing on the matter at the
21request of any party, that there is no prospective independent dealer available to own
22and operate the dealership in a manner consistent with the public interest and that
23meets the reasonable standard and uniformly applied qualifications of the
24manufacturer, importer or distributor.
AB969, s. 106
1Section
106. 218.01 (2d) of the statutes is renumbered 218.0122 and amended
2to read:
AB969,37,14
3218.0122 Damages to delivered vehicles.
(1) A manufacturer, importer or
4distributor shall disclose in writing to a motor vehicle dealer, at or before delivery to
5the dealer, any damage and repair to a new motor vehicle occurring after the
6manufacturing process is complete but before delivery to the dealer, if the cost of the
7repair exceeds 6% of the manufacturer's suggested retail price, as measured by retail
8repair costs. Replacement of glass, tires, bumpers, fenders, moldings, audio
9equipment, instrument panels, hoods and deck lids with identical manufacturer's
10original equipment is not considered damage and repair under this
paragraph 11subsection. If a manufacturer, importer or distributor fails to make a disclosure of
12damage and repair under this
paragraph subsection, it shall be liable to the dealer
13for any liability imposed on the dealer for a failure on the part of the dealer to disclose
14that damage and repair.
AB969,38,2
15(2) If the cost of repairing damage to a new motor vehicle that occurs before
16delivery to the dealer's location exceeds 6% of the manufacturer's suggested retail
17price, as measured by retail repair costs, the dealer may reject or, if title has passed
18to the dealer, require the manufacturer, importer or distributor who delivered the
19vehicle to repurchase the vehicle within 10 business days after delivery, unless the
20damage occurred during shipment and the method of transportation, carrier or
21transporter of the motor vehicle was designated by the motor vehicle dealer. Upon
22repurchase, the manufacturer, importer or distributor shall be subrogated to all of
23the dealer's rights against the carrier or transporter of the motor vehicle regarding
24damage. The cost of repairing glass, tires, bumpers, moldings and audio equipment
1with identical manufacturer's original equipment shall not be included in
2determining the cost of repairing damage under this
paragraph subsection.
AB969,38,4
3(3) This
subsection section does not apply to motorcycles that are delivered in
4a crated, disassembled condition to the dealer or the dealer's agent.
AB969, s. 107
5Section
107. 218.01 (2f) of the statutes is renumbered 218.0123.
AB969, s. 108
6Section
108. 218.01 (2g) of the statutes is renumbered 218.0124.
AB969, s. 109
7Section
109. 218.01 (2w) (title) of the statutes is renumbered 218.0125 (title).
AB969, s. 110
8Section
110. 218.01 (2w) (a) of the statutes is renumbered 218.0125 (1) and
9amended to read:
AB969,38,1210
218.0125
(1) In this
subsection section, "dealer cost" means the wholesale cost
11for a part as listed in the manufacturer's, importer's or distributor's current price
12schedules or, if the part is not so listed, the dealer's original invoice cost for the part.
AB969, s. 111
13Section
111. 218.01 (2w) (b) of the statutes is renumbered 218.0125 (2).
AB969, s. 112
14Section
112. 218.01 (2w) (c) of the statutes is renumbered 218.0125 (3) and
15amended to read:
AB969,39,216
218.0125
(3) To be eligible for compensation for parts under
par. (b) sub. (2),
17a dealer shall notify the manufacturer, importer or distributor in writing of the
18amounts that the dealer charges its other retail service customers for parts and
19request that it be paid for parts in accordance with this
subsection section. The notice
20may be limited to the dealer's average markup over dealer cost that the dealer
21charges its other retail service customers for parts used to perform similar work. The
22notice shall be served upon the manufacturer, importer or distributor not less than
2330 days before the date on which the dealer requests that the manufacturer, importer
24or distributor begin paying the dealer for parts at the stated amounts. The
25manufacturer, importer or distributor shall pay the dealer, as provided in this
1subsection section, at the amounts stated in the dealer notice for parts used in work
2performed on and after the beginning date stated in the notice.
AB969, s. 113
3Section
113. 218.01 (2w) (d) of the statutes is renumbered 218.0125 (4).
AB969, s. 114
4Section
114. 218.01 (2w) (e) of the statutes is renumbered 218.0125 (5) and
5amended to read:
AB969,39,126
218.0125
(5) A manufacturer, importer or distributor who fails to compensate
7a dealer for parts at an amount not less than the amount the dealer charges its other
8retail service customers for parts used to perform similar work shall not be found to
9have violated this
subsection section if the manufacturer, importer or distributor
10shows that the amount is not reasonably competitive to the amounts charged to retail
11service customers by other similarly situated franchised motor vehicle dealers in this
12state for the same parts when used by those dealers to perform similar work.
AB969, s. 115
13Section
115. 218.01 (2w) (f) of the statutes is renumbered 218.0125 (6) and
14amended to read:
AB969,40,415
218.0125
(6) If a manufacturer, importer or distributor furnishes a part to a
16dealer at no cost for use by the dealer in performing work for which the manufacturer,
17importer or distributor is required to compensate the dealer under this
subsection 18section, the manufacturer, importer or distributor shall compensate the dealer for
19the part at an amount not less than the amount the dealer charges its other retail
20customers for parts when used to perform similar work less the wholesale cost for
21such the furnished part as listed in the manufacturer's current price schedules. A
22manufacturer, importer or distributor may pay the dealer a reasonable handling fee
23instead of the compensation otherwise required by this
subsection section for special
24high-performance complete engine assemblies furnished to the dealer at no cost,
25provided that the manufacturer, importer or distributor excludes special
1high-performance complete engine assemblies in determining whether the amounts
2requested in the dealer's notice are consistent with the amounts that the dealer
3charges its other retail service customers for parts used by the dealer to perform
4similar work.
AB969, s. 116
5Section
116. 218.01 (2w) (g) of the statutes is renumbered 218.0125 (7) and
6amended to read:
AB969,40,207
218.0125
(7) A claim made by a franchised motor vehicle dealer for
8compensation under this
subsection section shall be either approved or disapproved
9within 30 days after the claim is submitted to the manufacturer, importer or
10distributor in the manner and on the forms the manufacturer, importer or distributor
11reasonably prescribes. An approved claim shall be paid within 30 days after its
12approval
; and, if. If a claim is not specifically disapproved in writing or by electronic
13transmission within 30 days after the date on which the manufacturer, importer or
14distributor receives it, the claim shall be considered to be approved and payment
15shall follow within 30 days. A manufacturer, importer or distributor retains the right
16to audit claims for a period of one year after the date on which the claim is paid and
17to charge back any amounts paid on claims that are false or unsubstantiated. If there
18is evidence of fraud, this
paragraph subsection does not limit the right of the
19manufacturer to audit for longer periods and charge back for any fraudulent claim,
20subject to the limitations period under s. 893.93 (1) (b).
AB969, s. 117
21Section
117. 218.01 (2x) of the statutes is renumbered 218.0126 and amended
22to read:
AB969,41,12
23218.0126 Promotional allowances. A claim made by a franchised motor
24vehicle dealer for promotional allowances or other incentive payments shall be either
25approved or disapproved within 30 days after the claim is submitted to the
1manufacturer, importer or distributor in the manner and on the forms the
2manufacturer, importer or distributor reasonably prescribes. An approved claim
3shall be paid within 30 days after its approval
; and, if. If a claim is not specifically
4disapproved in writing or by electronic transmission within 30 days after the date
5on which the manufacturer, importer or distributor receives it, the claim shall be
6considered to be approved and payment shall follow within 30 days after approval.
7A manufacturer, importer or distributor retains the right to audit a claim for a period
8of 2 years after the date on which the claim is paid and to charge back any amounts
9paid on claims that are false or unsubstantiated. If there is evidence of fraud, this
10subsection section does not limit the right of the manufacturer to audit for longer
11periods and charge back for any fraudulent claim, subject to the limitations period
12under s. 893.93 (1) (b).
AB969, s. 118
13Section
118. 218.01 (3) (title) of the statutes is renumbered 218.0116 (title).
AB969, s. 119
14Section
119. 218.01 (3) (a) (intro.) of the statutes is renumbered 218.0116 (1)
15(intro.).
AB969, s. 120
16Section
120. 218.01 (3) (a) 1. of the statutes is renumbered 218.0116 (1) (a).
AB969, s. 121
17Section
121. 218.01 (3) (a) 2. of the statutes is renumbered 218.0116 (1) (am).
AB969, s. 122
18Section
122. 218.01 (3) (a) 3. of the statutes is renumbered 218.0116 (1) (b).
AB969, s. 123
19Section
123. 218.01 (3) (a) 4. of the statutes is renumbered 218.0116 (1) (bm)
20and amended to read:
AB969,41,2321
218.0116
(1) (bm) Wilful failure to comply with any provision of
this section ss.
22218.0101 to 218.0163 or any rule or regulation promulgated by the licensor under
23this section ss. 218.0101 to 218.0163.
AB969, s. 124
24Section
124. 218.01 (3) (a) 5. of the statutes is renumbered 218.0116 (1) (c).
AB969, s. 125
25Section
125. 218.01 (3) (a) 6. of the statutes is renumbered 218.0116 (1) (cm).
AB969, s. 126
1Section
126. 218.01 (3) (a) 7. of the statutes is renumbered 218.0116 (1) (d).
AB969, s. 127
2Section
127. 218.01 (3) (a) 8. of the statutes is renumbered 218.0116 (1) (dm).
AB969, s. 128
3Section
128. 218.01 (3) (a) 9. of the statutes is renumbered 218.0116 (1) (e) and
4amended to read:
AB969,42,85
218.0116
(1) (e) Fraudulent misrepresentation, circumvention or concealment
6through whatsoever subterfuge or device of any of the material particulars or the
7nature thereof required
hereunder to be stated or furnished to the retail buyer, lessee
8or prospective lessee.
AB969, s. 129
9Section
129. 218.01 (3) (a) 10. and 11. of the statutes are renumbered 218.0116
10(1) (em) and (f) and amended to read:
AB969,42,1411
218.0116
(1) (em) Employment of fraudulent devices, methods or practices in
12connection with compliance with the statutes with respect to the retaking of goods
13under retail instalment contracts or consumer leases and the redemption and resale
14or subsequent lease of
such the retaken goods.
AB969,42,1615
(f) Having
indulged engaged in any unconscionable practice relating to
said the 16business
of selling motor vehicles.
AB969, s. 130
17Section
130. 218.01 (3) (a) 12. of the statutes is renumbered 218.0116 (1) (fm).
AB969, s. 131
18Section
131. 218.01 (3) (a) 13. of the statutes is renumbered 218.0116 (1) (g)
19and amended to read:
AB969,42,2120
218.0116
(1) (g) Having sold a retail instalment contract or consumer lease to
21a sales finance company
that is not licensed
hereunder.
AB969, s. 132
22Section
132. 218.01 (3) (a) 14. of the statutes is renumbered 218.0116 (1) (gm).