31,131
Section
131. 218.01 (3) (a) 7. of the statutes is renumbered 218.0116 (1) (d).
31,132
Section
132. 218.01 (3) (a) 8. of the statutes is renumbered 218.0116 (1) (dm).
31,133
Section
133. 218.01 (3) (a) 9. of the statutes is renumbered 218.0116 (1) (e).
31,134
Section
134. 218.01 (3) (a) 10. and 11. of the statutes are renumbered 218.0116 (1) (em) and (f) and amended to read:
218.0116 (1) (em) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts or consumer leases and the redemption and resale or subsequent lease of such the retaken goods.
(f) Having indulged engaged in any unconscionable practice relating to said the licensed business activity.
Note: Inserts specific references and preferred term. Section 218.01 (3) (a) which was contained in the original s. 218.01, created by Chapter 474 of the Laws of 1933, has never contained an antecedent to the "said business" in subd. 11.
31,135
Section
135. 218.01 (3) (a) 12. of the statutes is renumbered 218.0116 (1) (fm).
31,136
Section
136. 218.01 (3) (a) 13. of the statutes is renumbered 218.0116 (1) (g) and amended to read:
218.0116 (1) (g) Having sold a retail instalment contract or consumer lease to a sales finance company that is not licensed hereunder under ss. 218.0101 to 218.0163.
31,137
Section
137. 218.01 (3) (a) 14. of the statutes is renumbered 218.0116 (1) (gm).
31,138
Section
138. 218.01 (3) (a) 15. of the statutes is renumbered 218.0116 (1) (h) and amended to read:
218.0116 (1) (h) Being a manufacturer, importer or distributor who has coerced or attempted to coerce any motor vehicle dealer to order any commodity or service or to accept delivery of or pay for any commodity or service that the motor vehicle dealer has not ordered. This subdivision paragraph does not modify or prohibit reasonable requirements in a franchise agreement that require a dealer to market and service a representative line of new motor vehicles that the manufacturer, importer or distributor is publicly advertising.
31,139
Section
139. 218.01 (3) (a) 16. of the statutes is renumbered 218.0116 (1) (hm) and amended to read:
218.0116 (1) (hm) Being a manufacturer of motor vehicles, factory branch, distributor, field representative, officer, agent or any representative whatsoever of
such a motor vehicle manufacturer or factory branch, who has attempted to induce or coerce, or has induced or coerced, any motor vehicle dealer to enter into any agreement with such the manufacturer, factory branch or representative thereof of the motor vehicle manufacturer or factory branch, or to do any other act unfair to said
the dealer, by threatening to cancel any franchise existing between such the manufacturer, factory branch or representative thereof of the motor vehicle manufacturer or factory branch and said the dealer.
31,140
Section
140. 218.01 (3) (a) 17. of the statutes is renumbered 218.0116 (1) (i) 2. and amended to read:
218.0116 (1) (i) 2. Subject to sub. (3n) s. 218.0132, being a manufacturer, importer or distributor who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any motor vehicle dealer; or being a manufacturer or importer, who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any distributor. If there is a change in a manufacturer, importer or distributor, a motor vehicle dealer's franchise granted by the former manufacturer, importer or distributor shall continue in full force and operation under the new manufacturer, importer or distributor unless a mutual agreement of cancellation is filed with the department of transportation between the new manufacturer, importer or distributor and the dealer. In this subdivision, "due regard to the equities" means treatment in enforcing an agreement that is fair and equitable to a motor vehicle dealer or distributor and that is not discriminatory compared to similarly situated dealers or distributors; and "just provocation" means a material breach by a motor vehicle dealer or distributor, due to matters within the dealer's or distributor's control, of a reasonable and necessary provision of an agreement and the breach is not cured within a reasonable time after written notice of the breach has been received from the manufacturer, importer or distributor.
Note: The stricken definitions are recreated by this bill as s. 218.0116 (1) (i) 1. for proper location according to current style.
31,141
Section
141. 218.01 (3) (a) 18. of the statutes is renumbered 218.0116 (1) (im) 2. and amended to read:
218.0116 (1) (im) 2. Having accepted an order or contract of purchase from a buyer or a consumer lease or prelease agreement from a lessee or prospective lessee if such the arrangement results in the practice of bushing. For the purpose of this section, "bushing" means, with respect to an order or contract of purchase, the practice of increasing the selling price of a motor vehicle above that originally quoted the purchaser as evidenced by a purchase order or contract which has been signed by both the purchaser and dealer licensee and, with respect to a consumer lease or prelease agreement, the practice of increasing the gross capitalized cost above that originally quoted the lessee or prospective lessee as evidenced by a consumer lease or prelease agreement which has been signed by both the lessee or prospective lessee and the dealer licensee.
Note: The stricken definition is recreated by this bill as s. 218.0116 (1) (im) 1. by this bill for proper location according to current style.
31,142
Section
142. 218.01 (3) (a) 19. of the statutes is renumbered 218.0116 (1) (j).
31,143
Section
143. 218.01 (3) (a) 20. of the statutes is renumbered 218.0116 (1) (jm) and amended to read:
218.0116 (1) (jm) Having set up, promoted or aided in the promotion of a plan by which motor vehicles are sold or leased to a person for a consideration and upon the further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or lease and in turn agreeing to secure one or more persons likewise to join in said the plan, each purchaser or lessee being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan.
31,144
Section
144. 218.01 (3) (a) 21. of the statutes is renumbered 218.0116 (1) (k) and amended to read:
218.0116 (1) (k) Being a dealer who keeps open the dealer's place of business on Sunday for the purpose of buying, leasing or selling motor vehicles; but nothing in this subdivision paragraph shall apply to any person who conscientiously believes that the 7th day of the week, from sunset Friday to sunset Saturday, should be observed as the Sabbath and who actually refrains from conducting or engaging in the business of buying, leasing, selling or offering for lease or sale motor vehicles, or performing other secular business on that day.
31,145
Section
145. 218.01 (3) (a) 22. of the statutes is renumbered 218.0116 (1) (km) and amended to read:
218.0116 (1) (km) Being a manufacturer, importer or distributor who violates sub. (2c), (2d), (2f), (2g) or (2w) s. 218.0121, 218.0122, 218.0123, 218.0124 or 218.0125.
31,146
Section
146. 218.01 (3) (a) 23. of the statutes is renumbered 218.0116 (1) (L) and amended to read:
218.0116 (1) (L) Being a motor vehicle dealer who, in breach of an agreement, voluntarily changes its ownership or executive management, transfers its dealership assets to another person, adds another franchise at the same location as its existing franchise, or relocates a franchise without first complying with the procedures in sub. (3x) s. 218.0134.
31,147
Section
147. 218.01 (3) (a) 24. of the statutes is renumbered 218.0116 (1) (Lm) and amended to read:
218.0116 (1) (Lm) Being a manufacturer, importer or distributor who fails to comply with the procedures in sub. (3x) s. 218.0134 regarding a dealer's request for approval of a change of ownership or executive management, transfer of its dealership assets to another person, adding another franchise at the same location as its existing franchise, or relocation of a franchise or who fails to comply with an order of the division of hearings and appeals issued under sub. (3x) s. 218.0134.
31,148
Section
148. 218.01 (3) (a) 25. of the statutes is renumbered 218.0116 (1) (m).
31,149
Section
149. 218.01 (3) (a) 26. of the statutes is renumbered 218.0116 (1) (mm) and amended to read:
218.0116 (1) (mm) Being a manufacturer, factory branch, distributor, field representative, officer, agent or any representative of such a manufacturer, factory branch or distributor who, notwithstanding the terms of any agreement, refuses to honor the succession to the ownership or operation of a dealership under an existing franchise agreement by a designated family member of a deceased or incapacitated dealer, except in the manner prescribed by sub. (3c) s. 218.0131, or who unreasonably withholds its approval of a change of ownership or executive management of the dealership after the dealer's death or incapacity.
31,150
Section
150. 218.01 (3) (a) 27. of the statutes is renumbered 218.0116 (1) (n).
31,151
Section
151. 218.01 (3) (a) 28. of the statutes is renumbered 218.0116 (1) (nm) and amended to read:
218.0116 (1) (nm) Wilful failure to provide and maintain facilities and business records as required by this section ss. 218.0101 to 218.0163 or by any rule promulgated by the licensor pertaining to facility and business records.
31,152
Section
152. 218.01 (3) (a) 29. of the statutes is renumbered 218.0116 (1) (o).
31,153
Section
153. 218.01 (3) (a) 30. of the statutes is renumbered 218.0116 (1) (om).
31,154
Section
154. 218.01 (3) (a) 31. of the statutes is renumbered 218.0116 (1) (p) and amended to read:
218.0116 (1) (p) Having violated an order issued under par. (h) sub. (10).
31,155
Section
155. 218.01 (3) (a) 32. of the statutes is renumbered 218.0116 (1) (pm) and amended to read:
218.0116 (1) (pm) Being a manufacturer, factory branch or distributor who enters into a franchise agreement establishing or relocating a motor vehicle dealership, parts outlet or service outlet in a relevant market area without first complying with the procedure in par. (f) 1. sub. (7) (a).
31,156
Section
156. 218.01 (3) (a) 35. of the statutes is renumbered 218.0116 (1) (q) and amended to read:
218.0116 (1) (q) Being a manufacturer, factory branch or distributor who engages in any action which transfers to a motor vehicle dealer any responsibility of the manufacturer, factory branch or distributor under s. 218.015 218.0171.
31,157
Section
157. 218.01 (3) (a) 36. (intro.) of the statutes is renumbered 218.0116 (1) (qm) (intro.).
31,158
Section
158. 218.01 (3) (a) 36. a. of the statutes is renumbered 218.0116 (1) (qm) 1. and amended to read:
218.0116 (1) (qm) 1. Fails to notify the department of transportation of any revision or addition to an agreement as required under sub. (2) (bd) 1. s. 218.0114 (7) (a) 2.
31,159
Section
159. 218.01 (3) (a) 36. b. of the statutes is renumbered 218.0116 (1) (qm) 2. and amended to read:
218.0116 (1) (qm) 2. Fails to revise or remove portions of an agreement that the department of transportation declares to contain provisions which are inconsistent with sub. (2) (bm) s. 218.0114 (9).
31,160
Section
160. 218.01 (3) (a) 36. c. of the statutes is renumbered 218.0116 (1) (qm) 3. and amended to read:
218.0116 (1) (qm) 3. Requires or coerces a dealer or distributor to execute sign an agreement, as a condition of obtaining or continuing a franchise, that contains provisions that are void or prohibited under sub. (2) (bm) s. 218.0114 (9) or attempts to enforce an agreement with void or prohibited provisions.
31,161
Section
161. 218.01 (3) (a) 36. d. of the statutes is renumbered 218.0116 (1) (qm) 4. (intro.) and amended to read:
218.0116 (1) (qm) 4. (intro.) Requires or coerces a dealer or distributor to execute sign an agreement that requires arbitration as a condition of obtaining or continuing a franchise, unless the dealer or distributor has the option of signing an otherwise identical agreement without the arbitration provision or unless the agreement provides for arbitration on a case-by-case basis and only when both parties elect to refer the matter to arbitration. This subd. 36. d. subdivision does not apply to a manufacturer or distributor who enters into an agreement that creates a new franchise for a new line make of motor vehicle, if the each of the following is applicable:
a. The arbitration provision was the subject of good faith negotiations with a representative group of dealers, and if each.
b. Each dealer voluntarily accepts the arbitration provision after receiving a franchise offering circular under s. 553.27 (4) that discloses the existence and effect of the arbitration provision, and if the.
c. The manufacturer or dealer files a copy of the franchise offering circular and proof of good faith negotiation and voluntary acceptance of the arbitration with any filing required under sub. (2) (bd) 1. s. 218.0114 (7) (a).
31,162
Section
162. 218.01 (3) (a) 37. of the statutes is renumbered 218.0116 (1) (r) and amended to read:
218.0116 (1) (r) Being a manufacturer, distributor or importer who fails to designate in writing the area of sales responsibility assigned to a motor vehicle dealer or who changes or attempts to change an area of sales responsibility to avoid the requirements of par. (f) sub. (7).
31,163
Section
163. 218.01 (3) (a) 38. of the statutes is renumbered 218.0116 (1) (rm) and amended to read:
218.0116 (1) (rm) Being a grantor, as defined in sub. (3r) (a) 2. s. 218.0133 (1) (b), who fails to pay a motor vehicle dealer agreement termination benefits under sub. (3r) s. 218.0133.
31,164
Section
164. 218.01 (3) (a) 39. of the statutes is renumbered 218.0116 (1) (s) and amended to read:
218.0116 (1) (s) Being a manufacturer or distributor who modifies a motor vehicle dealer agreement during the term of the agreement or upon its renewal without complying with par. (fm) sub. (8).
31,165
Section
165. 218.01 (3) (a) 40. of the statutes is renumbered 218.0116 (1) (sm) and amended to read:
218.0116 (1) (sm) Having violated s. 218.017 218.0172.
31,166
Section
166. 218.01 (3) (a) 41. of the statutes is renumbered 218.0116 (1) (t) and amended to read:
218.0116 (1) (t) Being a manufacturer, importer or distributor who compels a dealer, through a financing subsidiary of the manufacturer, importer or distributor, to agree to unreasonable operating requirements or who directly or indirectly cancels or fails to renew a dealer's franchise, except as allowed under subs. (3) (a) 17. and (3n) par. (i) and s. 218.0132, through the actions of a financing subsidiary of the manufacturer, importer or distributor. This subdivision paragraph does not limit the right of a financing subsidiary to engage in business practices in accordance with the usages of the trade in which it is engaged.
31,167
Section
167. 218.01 (3) (a) 42. of the statutes is renumbered 218.0116 (1) (tm) and amended to read:
218.0116 (1) (tm) Being a licensee who wilfully refuses or fails to participate in mediation pursuant to a demand for mediation served under sub. (7m) (a) s. 218.0136 (1).
31,168
Section
168. 218.01 (3) (a) 43. of the statutes is renumbered 218.0116 (1) (u).
31,169
Section
169. 218.01 (3) (ag) of the statutes is renumbered 218.0116 (1g) and amended to read:
218.0116 (1g) (a) A license described in sub. (2) (d) s. 218.0114 (14) shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.
(b) A license described in par. (d) 1., 2., 3. or 5.
s. 218.0114 (14) (a), (b), (c) or (e) shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.
(c) No provision of this section ss. 218.0101 to 218.0163 that entitles an applicant or licensee to a notice or hearing applies to a denial, restriction, limitation, suspension or revocation of a license under this paragraph subsection.
31,170
Section
170. 218.01 (3) (am) of the statutes is renumbered 218.0116 (1m) and amended to read:
218.0116 (1m) (a) A license described in sub. (2) (dr) s. 218.0114 (16) shall be denied if any of the follow following applies:
1. The applicant fails to provide the information required under sub. (2) (ig) 1. s. 218.0114 (21g) (a).
2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose license is denied under this subd. 1. b. subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subsection section.
3. The applicant is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subd. 1. c.
subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section ss. 218.0101 to 218.0163.
(b) A license described in sub. (2) (dr) s. 218.0114 (16) shall be restricted or suspended if the licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section ss. 218.0101 to 218.0163.
(c) A license described in sub. (2) (dr) s. 218.0114 (16) shall be revoked if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this subdivision paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subsection section.
31,171
Section
171. 218.01 (3) (b) of the statutes is renumbered 218.0116 (2) and amended to read:
218.0116 (2) The licensor may without prior notice deny the application for a license within 60 days after receipt thereof of the application by written notice to the applicant, stating the grounds for such the denial. Within 30 days after such receiving the notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness.
Note: "[P]rior" is inserted to eliminate an internal inconsistency.
31,172
Section
172. 218.01 (3) (bf) of the statutes is renumbered 218.0116 (3) and amended to read:
218.0116 (3) (a) 1. Except as provided in subd. 1. b. 2., the department of transportation shall not license
an applicant as a dealer an applicant for the sale or lease of motor vehicles at retail unless such the applicant owns or leases a vehicle display lot and a permanent building wherein in which there are facilities to display motor vehicles and facilities to repair functional and nonfunctional parts of motor vehicles and, where replacement parts, repair tools and equipment to service motor vehicles are kept, and at which place of business shall be kept and maintained the books, records and files necessary to conduct the dealer's business shall be kept and maintained.
1m. A residence, tent or temporary stand is not a sufficiently permanent place of business building within the meaning of this paragraph subd. 1.
2. The requirements in subd. 1. a. that an applicant own or lease a vehicle display lot and that the permanent building owned or leased by the applicant contain facilities to display motor vehicles do not apply to persons who are engaged only in the leasing of motor vehicles and who do not maintain an inventory of motor vehicles offered for lease.
