1999 Wisconsin Act 31

31,40 Section 40. 218.01 (1) (p) of the statutes is renumbered 218.0101 (24) and amended to read:

218.0101 (24) "Motor vehicle salesperson" means sales representative, sales manager, general manager or other person who is employed by a motor vehicle dealer for the purpose of selling or approving retail sales, or leasing or approving consumer leases, of motor vehicles. Any motor vehicle salesperson licensed hereunder under ss. 218.0101 to 218.0163 shall be licensed to sell or lease only for only one dealer at a time.

31,41 Section 41. 218.01 (1) (pt) of the statutes is renumbered 218.0101 (25).

31,42 Section 42. 218.01 (1) (q) of the statutes is renumbered 218.0101 (26).

31,43 Section 43. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).

31,44 Section 44. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).

31,45 Section 45. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).

31,46 Section 46. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).

31,47 Section 47. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).

31,48 Section 48. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and amended to read:

218.0101 (32) "Retail instalment contract" or "instalment contract" means and includes every contract to sell one or more motor vehicles at retail, in which the price thereof of the motor vehicle is payable in one or more instalments over a period of time and in which the seller has either retained title to the goods or has taken or retained a security interest in the goods under a form of contract designated either as a conditional sale, chattel mortgage or otherwise.

31,49 Section 49. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and amended to read:

218.0101 (33) "Retail seller" means a person, firm or corporation selling or agreeing to sell one or more motor vehicles under a retail instalment contract to a buyer for the latter's buyer's personal use or consumption thereof.

31,50 Section 50. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and amended to read:

218.0101 (34) (a) "Sales finance company" means and includes any person, firm or corporation engaging in the business, in whole or in part, of acquiring by purchase or by loan on the security thereof, or otherwise, retail instalment contracts or consumer leases from retail sellers or lessors in this state, including.

(b) "Sales finance company" includes any motor vehicle dealer who sells or leases any motor vehicle on an instalment contract or consumer lease or acquires any retail instalment contracts in the dealer's retail sales or leases of motor vehicles.

31,51 Section 51. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).

31,52 Section 52. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).

31,53 Section 53. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).

31,54 Section 54. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).

31,55 Section 55. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and amended to read:

218.0111 (1) (intro.) The department of transportation shall issue the licenses provided for in sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over the licensees thereunder in respect to all of the provisions of this section ss. 218.0101 to 218.0163, except only as to such matters as that the division of banking shall have jurisdiction and control over all of the following:

(a) Matters that relate to the sale of motor vehicles on retail instalment contracts and the financing and servicing of such those retail instalment contracts and as to such matters as.

(b) Matters that relate to prelease agreements under sub. (6x) s. 218.0144 and consumer leases under chs. 421 to 427 and 429, over which matter the division of banking shall have jurisdiction and control, and the division of banking shall issue the.

(c) The issuance of licenses to sales finance companies.

(2) Either licensor hereunder under sub. (1) shall, upon request, furnish the other licensor with any information it may have in respect to any licensee or applicant for license or any transaction in which such a licensee or applicant may be a party or be interested. No license shall be issued under sub. (2) (d) 1. and 8. s. 218.0114 (14) (a) and (g) until both licensors have approved the application. The suspension or revocation of either of such licenses the license issued under s. 218.0114 (14) (a) or (g) shall automatically likewise suspend or revoke the other license; and such. Any suspension or revocation shall be certified by the licensor ordering it to the other licensor.

Note: Text order is changed for improved readability.

31,56 Section 56. 218.01 (1b) of the statutes is renumbered 218.0113 and amended to read:

218.0113 Licenses for dealers, distributors, manufacturers or transporters of semitrailers and trailers. Subject to ch. 180 where applicable, any dealer, distributor, manufacturer or transporter of semitrailers or trailers designed for use in combination with a truck or truck tractor is deemed considered licensed under this section ss. 218.0101 to 218.0163 where for purposes of chs. 341 and 342 a license under this section ss. 218.0101 to 218.0163 is required. This subsection section is enacted to remove an undue burden on interstate commerce from a class of commercial transactions in which the business character of the parties does not require the protection provided by this section ss. 218.0101 to 218.0163 and to promote the expansion of credit for truck operators who require banking and financing facilities throughout the United States.

31,57 Section 57. 218.01 (2) (title) of the statutes is renumbered 218.0114 (title).

31,58 Section 58. 218.01 (2) (a) of the statutes is renumbered 218.0114 (1) and amended to read:

218.0114 (1) No motor vehicle dealer, motor vehicle salesperson or sales finance company shall may engage in business as such a motor vehicle dealer, motor vehicle salesperson or sales finance company in this state without a license therefor as provided in this section ss. 218.0101 to 218.0163. If any motor vehicle dealer acts as a motor vehicle salesperson, he or she shall secure a motor vehicle salesperson's license in addition to a license for motor vehicle dealer license. Every motor vehicle dealer shall be responsible for the licensing of every motor vehicle salesperson in his or her employ. Any person violating this paragraph subsection may be fined not less than $500 nor more than $5,000.

31,59 Section 59. 218.01 (2) (am) of the statutes is renumbered 218.0114 (2) and amended to read:

218.0114 (2) No manufacturer, importer or distributor shall may engage in business as such a manufacturer, importer or distributor in this state without a license therefor as provided in this section ss. 218.0101 to 218.0163.

31,60 Section 60. 218.01 (2) (an) of the statutes is renumbered 218.0114 (3) and amended to read:

218.0114 (3) No factory representative or distributor representative shall may engage in business as such a factory representative or distributor representative in this state without a license therefor as provided in this section ss. 218.0101 to 218.0163.

31,61 Section 61. 218.01 (2) (b) of the statutes is renumbered 218.0114 (4) and amended to read:

218.0114 (4) Application for a license under this section shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fees. An applicant for a sales finance company license, other than a motor vehicle dealer, shall pay to the division of banking a nonrefundable $300 investigation fee in addition to the license fee under par. (dr) sub. (16). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the division of banking, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required for motor vehicle dealers except as provided in par. (h) 1. sub. (20) (a). The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section ss. 218.0101 to 218.0163.

31,62 Section 62. 218.01 (2) (bb) of the statutes is renumbered 218.0114 (5) and amended to read:

218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under this section ss. 218.0101 to 218.0163.

(b) A sales finance company or an applicant for a sales finance company license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 issued by a surety company licensed to do business in this state or a federally insured financial institution, as defined in s. 705.01 (3). The bond or letter of credit shall be payable to the state of Wisconsin for the use of the state and of any person who sustains a loss because of an act of a sales finance company that constitutes grounds for the suspension or revocation of a license under this section ss. 218.0101 to 218.0163.

31,63 Section 63. 218.01 (2) (bc) of the statutes is renumbered 218.0114 (6) and amended to read:

218.0114 (6) Except as provided in this subsection section every dealer and distributor of new motor vehicles shall, at the time of application for a license, file with the department of transportation a certified copy of the applicant's written agreement and a certificate of appointment as dealer or distributor, respectively. The certificate of appointment shall be signed by an authorized agent of the manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or, where the manufacturer is wholesaling through an appointed distributorship, by an authorized agent of the distributor on indirect distributor-dealer agreements. The certificate shall be signed by an authorized agent of the importer on direct importer-dealer agreements of foreign-made vehicles; or by an authorized agent of the distributor on indirect distributor-dealer agreements. The distributor's certificate of appointment shall be signed by an authorized agent of the manufacturer; or by an agent of the manufacturer or importer of foreign manufactured vehicles.

31,64 Section 64. 218.01 (2) (bd) 1. of the statutes is renumbered 218.0114 (7) (a) 1. (intro.) and amended to read:

218.0114 (7) (a) 1. (intro.) A written agreement need not be filed for each dealer or distributor if the manufacturer on or importer, for direct dealerships, or distributor on, for indirect dealerships or importer on direct dealerships, utilizes the identical basic agreement for all its dealers or distributors in Wisconsin and certifies all of the following in the certificate of appointment that such:

a. That the blanket agreement is on file and such written with the department of transportation.

b. That the manufacturer's, distributor's or importer's agreement with such dealer each of its dealers or distributor distributors, respectively, is identical with to the filed blanket agreement, and.

c. That the manufacturer, distributor or importer has filed with the department of transportation one such basic agreement together with a list of its authorized dealers or distributors. Such with the department of transportation.

2. A manufacturer, distributor or importer shall notify the department of transportation immediately of any of the following:

a. The appointment of any additional dealers or distributors, of any not included in the list filed under subd. 1. c.

b. Any revisions of or additions to the basic agreement on file, or of any under subd. 1. a.

c. Any individual dealer or distributor supplements to such the basic agreement on file under subd. 1. a.

3. Except as provided in subd. 1g., the par. (b), a manufacturer, distributor or importer shall notify the a dealer or distributor and forward, forwarding a copy of such the notice to the department of transportation, of the discontinuation or cancellation of the agreement of any of its dealers or distributors at least 60 days before the effective date thereof of the discontinuation or cancellation together with the specific grounds for discontinuation or cancellation of the agreement, if discontinued or canceled.

(e) Agreements and certificates of appointment are deemed considered to be continuing unless the manufacturer, distributor or importer has notified the department of transportation of the discontinuation or cancellation of the agreement of any of its dealers or distributors, and annual renewal of certifications filed as provided in this subsection section is not necessary.

31,65 Section 65. 218.01 (2) (bd) 1g. of the statutes is renumbered 218.0114 (7) (b).

31,66 Section 66. 218.01 (2) (bd) 1r. of the statutes is renumbered 218.0114 (7) (c), and 218.0114 (7) (c) (intro.), as renumbered, is amended to read:

218.0114 (7) (c) (intro) The notice served upon a motor vehicle dealer under subds. 1. and 1g. pars. (a) 3. and (b) is not effective unless it conspicuously displays the following statement:

31,67 Section 67. 218.01 (2) (bd) 2. of the statutes is renumbered 218.0114 (7) (d) and amended to read:

218.0114 (7) (d) Any dealer or distributor discontinued or canceled may, on or before the date on which the discontinuation or cancellation becomes effective, file with the department of transportation and division of hearings and appeals and serve upon the respondent manufacturer, distributor or importer a complaint for a determination of unfair discontinuation or cancellation under sub. (3) (a) 17. s. 218.0116 (1) (i). Allowing opportunity for an answer, the division of hearings and appeals shall thereafter schedule a hearing on and decide the matter. Agreements and certificates of appointment shall continue in effect until final determination of the issues raised in such the complaint. If the complainant prevails he or she the complainant shall have a cause of action against the defendant respondent for reasonable expenses and attorney fees incurred by him or her the complainant in such the matter.

31,68 Section 68. 218.01 (2) (bd) 3. of the statutes is renumbered 218.0114 (2m) and amended to read:

218.0114 (2m) No manufacturers', distributors' or importers' vehicles shall be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles are licensed under s. 218.01 ss. 218.0101 to 218.0163. The obtaining of a license under s. 218.01 ss. 218.0101 to 218.0163 shall conclusively establish that such a manufacturer, distributor or importer is doing business in this state and shall subject the licensee to all provisions of the Wisconsin statutes regulating manufacturers, importers and distributors.

31,69 Section 69. 218.01 (2) (bf) of the statutes is renumbered 218.0114 (8) and amended to read:

218.0114 (8) Within 60 days after the department of transportation issues a declaratory ruling under s. 227.41 that an agreement is inconsistent with par. (bm) sub. (9), a manufacturer, distributor or importer shall remove or revise any provision of the agreement declared to be inconsistent with par. (bm) sub. (9).

31,70 Section 70. 218.01 (2) (bm) 1. (intro.) of the statutes is renumbered 218.0114 (9) (a) (intro.) and amended to read:

218.0114 (9) (a) (intro.) Except as provided in par. (bo) sub. (10), provisions of an agreement which do any of the following are void and prohibited:

31,71 Section 71. 218.01 (2) (bm) 1. a. of the statutes is renumbered 218.0114 (9) (a) 1. and amended to read:

218.0114 (9) (a) 1. Waive a remedy or defense available to a distributor or dealer or other provision protecting the interests of a distributor or dealer under this section ss. 218.0101 to 218.0163 or under rules promulgated by the department of transportation under this section ss. 218.0101 to 218.0163.

31,72 Section 72. 218.01 (2) (bm) 1. b. of the statutes is renumbered 218.0114 (9) (a) 2.

31,73 Section 73. 218.01 (2) (bm) 1. c. of the statutes is renumbered 218.0114 (9) (a) 3.

31,74 Section 74. 218.01 (2) (bm) 2. of the statutes is renumbered 218.0114 (9) (b) and amended to read:

218.0114 (9) (b) 1. Notwithstanding subd. 1. b. par. (a) 2. and subject to sub. (3) (a) 36. d. s. 218.0116 (1) (qm) 4., an agreement may provide for the resolution of disputes by arbitration, including binding arbitration, if both parties to the agreement voluntarily agree to an arbitration provision. An arbitrator acting under this subd. 2. a. subdivision shall be bound by the laws of this state, including par. (bd) 2. sub. (7) (d) and other provisions of this section ss. 218.0101 to 218.0163.

2. No finding of an arbitrator is binding upon any person who is not a party to the agreement. A finding of an arbitrator does not bind the department of transportation with respect to enforcement of this section ss. 218.0101 to 218.0163.

31,75 Section 75. 218.01 (2) (bm) 3. of the statutes is renumbered 218.0114 (9) (c) and amended to read:

218.0114 (9) (c) Notwithstanding subd. 1. b. par. (a) 2., an agreement may require a dealer or distributor to submit disputes to a nonbinding and reasonably prompt dispute resolution procedure before bringing an action in another forum.

31,76 Section 76. 218.01 (2) (bo) (intro.) of the statutes is renumbered 218.0114 (10) (intro.) and amended to read:

218.0114 (10) (intro.) Paragraph (bm) Subsection (9) does not apply to any of the following:

31,77 Section 77. 218.01 (2) (bo) 1. of the statutes is renumbered 218.0114 (10) (a).

31,78 Section 78. 218.01 (2) (bo) 2. of the statutes is renumbered 218.0114 (10) (b) and amended to read:

218.0114 (10) (b) An agreement, made after a dealer receives notice under sub. (3) (f) 1. s. 218.0116 (7) (a), which waives the dealer's right to file a complaint protesting the establishment or relocation of a dealership proposed in the notice.

31,79 Section 79. 218.01 (2) (bs) of the statutes is renumbered 218.0114 (11) and amended to read:

218.0114 (11) A manufacturer, distributor or importer shall designate in writing the area of sales responsibility assigned to a motor vehicle dealer. A manufacturer, distributor or importer may not modify the area of sales responsibility to avoid the requirements of sub. (3) (f) s. 218.0116 (7).

31,80 Section 80. 218.01 (2) (c) 1. of the statutes is renumbered 218.0114 (12) (a) and amended to read:

218.0114 (12) (a) Except as provided in subd. 2. par. (b), all licenses shall be granted or refused within 60 days after the licensor receives the application for the license.

31,81 Section 81. 218.01 (2) (c) 2. a. of the statutes is renumbered 218.0114 (12) (b) 1.

31,82 Section 82. 218.01 (2) (c) 2. b. of the statutes is renumbered 218.0114 (12) (b) 2. and amended to read:

218.0114 (12) (b) 2. In cases where a complaint has been filed under sub. (3) (f) s. 218.0116 (7) protesting the proposed establishment or relocation of a dealership in a relevant market area, no license may be issued until the division of hearings and appeals has rendered a decision permitting the issuance of the license.

31,83 Section 83. 218.01 (2) (cm) of the statutes is renumbered 218.0114 (13) and amended to read:

218.0114 (13) (a) Licenses described in par. (dr) sub. (16) expire on December 31 of the calendar year for which the licenses are granted.

(b) The department of transportation shall promulgate rules establishing the license period for each type of license described in par. (d) 1. to 6. sub. (14) (a) to (f).