1999 Wisconsin Act 31

(1m) If a court finds that a violation or practice described in par. (a) 1. or 2. sub. (1) (a) or (b) is wilful, a licensee shall recover damages in an amount equal to 3 times the pecuniary loss, together with actual costs including reasonable attorney fees.

(2) Any retail buyer, lessee or prospective lessee suffering pecuniary loss because of a violation by a licensee of sub. (3) (a) 4., 5., 6., 8., 9., 10., 11., 18., 25. or 31. s. 218.0116 (1) (bm), (c), (cm), (dm), (e), (em), (f), (im), (m) or (p) may recover damages for the loss in any court of competent jurisdiction together with costs, including reasonable attorney fees.

31,284 Section 284. 218.0116 (1) (i) 1. of the statutes is created to read:

218.0116 (1) (i) 1. (intro.) In this paragraph:

a. "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.

b. "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: Recreates definitions previously contained in s. 218.01 (3) (a) 17., for proper placement consistent with current style.

31,285 Section 285. 218.0116 (1) (im) 1. of the statutes is created to read:

218.0116 (1) (im) 1. In this paragraph, "bushing" means:

a. 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.

b. 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: Recreates a definition previously contained in s. 218.01 (3) (a) 18., for proper placement consistent with current style. The former text referred to "this section", the only occurrence of the term "bushing" is in this statutory subunit. As a result, "section" is replaced by "paragraph".

31,286 Section 286. 218.0116 (7) (d) 1d. of the statutes is created to read:

218.0116 (7) (d) 1d. "Closed" means the effective date of the termination or expiration of a dealership's or outlet's license or franchise, whichever is earlier.

Note: Recreates a definition previously contained in s. 218.01 (3) (f) 4. a., for proper placement consistent with current style.

31,287 Section 287. 218.015 of the statutes is renumbered 218.0171, and 218.0171 (1) (c) and (e), as renumbered, are amended to read:

218.0171 (1) (c) "Manufacturer" means a manufacturer as defined in s. 218.01 (1) (L) 218.0101 (20) and agents of the manufacturer, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motor vehicles, but not including a motor vehicle dealer.

(e) "Motor vehicle dealer" has the meaning given under s. 218.01 (1) (n) 218.0101 (23) (a).

31,288 Section 288. 218.017 of the statutes is renumbered 218.0172, and 218.0172 (1) (b), (c), (d) and (e), as renumbered, are amended to read:

218.0172 (1) (b) "Consumer" has the meaning given in s. 218.015 218.0171 (1) (b).

(c) "Manufacturer" has the meaning given in s. 218.015 218.0171 (1) (c).

(d) "Motor vehicle" has the meaning given in s. 218.015 218.0171 (1) (d).

(e) "Motor vehicle dealer" means a motor vehicle dealer, as defined in s. 218.01 (1) (n) 218.0101 (23) (a), that sells new motor vehicles.

31,289 Section 289. 218.12 (5) of the statutes is amended to read:

218.12 (5) The provision of s. 218.01 (3) 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

31,290 Section 290. 218.12 (6) of the statutes is amended to read:

218.12 (6) The provisions of s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and 218.0152 shall apply to this section, mobile home sales practices and the regulation of travel trailer or mobile home salespersons, as far as applicable.

31,291 Section 291. 218.205 (2) (a) of the statutes is amended to read:

218.205 (2) (a) Motor vehicle dealers licensed under s. 218.01 (2) 218.0114 who remove, but do not sell, as such, parts of motor vehicles prior to sale of such vehicles to motor vehicle salvage dealers or scrap metal processors.

31,292 Section 292. 218.21 (1m) of the statutes is amended to read:

218.21 (1m) The department may not require information relating to the applicant's solvency or financial standing if the applicant provides a bond in the amount provided in sub. (4) and under conditions specified in s. 218.01 (2) (h) 2. 218.0114 (20) (b).

31,293 Section 293. 218.21 (4) (a) of the statutes is amended to read:

218.21 (4) (a) Unless the applicant furnishes a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b), every application shall be accompanied by a current financial statement to determine the applicant's solvency as required under sub. (1). Except as provided in par. (b), this paragraph does not apply to the application of a scrap metal processor.

31,294 Section 294. 218.21 (6) of the statutes is amended to read:

218.21 (6) A bond may be required under conditions as provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b).

31,295 Section 295. 218.22 (1) (intro.) of the statutes is amended to read:

218.22 (1) (intro.) The department shall issue a license to the applicant for a motor vehicle salvage dealer's license upon the receipt of a properly completed application form accompanied by the fee required under sub. (2) (c) or (d), upon being satisfied that the applicant is financially solvent or that the applicant has furnished a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2. 218.0114 (20) (b), and of good character and:

31,296 Section 296. 218.22 (3) (m) of the statutes is amended to read:

218.22 (3) (m) Having sold a retail instalment contract to a sales finance company not licensed under s. 218.01 ss. 218.0101 to 218.0163.

31,297 Section 297. 218.22 (5) of the statutes is amended to read:

218.22 (5) No salvage dealer licensed under ss. 218.205 to 218.23 shall be licensed as a dealer under s. 218.01 (2) 218.0114 at his or her salvage dealer location, provided that nothing herein shall prohibit licensing and transacting of both businesses at the same location where the salvage operations are physically separated.

31,298 Section 298. 218.40 (3) of the statutes is amended to read:

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.

31,299 Section 299. 218.505 of the statutes is amended to read:

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.

31,300 Section 300. 220.285 (1) of the statutes is amended to read:

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 may cause any or all records kept by such bank or licensee 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 or licensee 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.

31,301 Section 301. 227.43 (1) (bg) of the statutes is amended to read:

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).

31,302 Section 302. 340.01 (11) (d) of the statutes is amended to read:

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.

31,303 Section 303. 340.01 (28e) of the statutes is amended to read:

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.

31,304 Section 304. 340.01 (35e) of the statutes is amended to read:

340.01 (35e) "Motor vehicle dealer" has the meaning given in s. 218.01 (1) (n) 218.0101 (23) (a).

31,305 Section 305. 340.01 (74t) of the statutes is amended to read:

340.01 (74t) "Wholesaler" has the meaning given in s. 218.01 (1) (e) 218.0101 (6).

31,306 Section 306. 341.51 (6) of the statutes is amended to read:

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.

31,307 Section 307. 341.57 (1) of the statutes is amended to read:

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.

31,308 Section 308. 341.57 (2) of the statutes is amended to read:

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.

31,309 Section 309. 342.12 (3) (a) of the statutes is amended to read:

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

31,310 Section 310. 342.18 (4) (a) of the statutes is amended to read:

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.

31,311 Section 311. 344.572 (2) of the statutes is amended to read:

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.

31,312 Section 312. 345.11 (1g) of the statutes is amended to read:

345.11 (1g) The uniform traffic citation may be used for violations of ss. 218.01 (2) (a) 218.0114 (1) and 218.205 (1). The report of conviction shall be forwarded to the department.

31,313 Section 313. 345.11 (5) of the statutes is amended to read:

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) or 218.205 (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.

31,314 Section 314. 422.201 (3) of the statutes is amended to read:

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.

31,315 Section 315. 422.202 (3) (c) of the statutes is amended to read:

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.

31,316 Section 316. 425.301 (4) of the statutes is amended to read:

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.

31,317 Section 317. 429.102 (1) of the statutes is amended to read:

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.

31,318 Section 318. 429.102 (2) of the statutes is amended to read:

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.

31,319 Section 319. 429.104 (13m) of the statutes is amended to read:

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.

31,320 Section 320. 429.104 (19) of the statutes is amended to read:

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

31,321 Section 321. 429.104 (21) of the statutes is amended to read:

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.