218.01 (2c) (cm) 2. A factory from holding an ownership interest in a dealership, if all of the following apply:
a. The dealer operator of the dealership is an individual who is not an agent of the factory.
b. The dealer operator of the dealership is unable to acquire full ownership of the dealership with his or her own assets or in conjunction with financial investments and loans from investors or lenders other than the factory holding an ownership interest in the dealership.
c. The dealer operator of the dealership holds not less than 15 percent of the total ownership interests in the dealership within one year from the date that the factory initially acquires any ownership interest in the dealership.
d. There is a bona fide written agreement in effect between the factory and the dealer operator of the dealership under which the dealer operator will acquire all of the ownership interest in the dealership held by the factory on reasonable terms specified in the agreement.
f. The written agreement described in subd. 2. d. provides that the dealer operator will make reasonable progress toward acquiring all of the ownership interest in the dealership, and the dealer is making reasonable progress toward acquiring all of the ownership interest in the dealership.
g. Not more than eight years have elapsed since the factory initially acquired its ownership interest in the dealership, unless the department, upon petition by the dealer operator, determines that there is good cause to allow the dealer operator a longer period to complete his or her acquisition of all of the ownership interest in the dealership held by the factory and the longer period determined by the department has not yet elapsed.
9,2342abv
Section 2342abv. 218.01 (2c) (cm) 4. of the statutes is created to read:
218.01 (2c) (cm) 4. The holding or acquisition, solely for investment purposes, of an ownership interest in a publicly traded corporation by an employe benefit plan that is sponsored by a factory.
9,2342abw
Section 2342abw. 218.01 (2c) (cm) 5. of the statutes is created to read:
218.01 (2c) (cm) 5. A factory from holding an ownership interest in a dealership trading solely in any line make of new motor vehicles weighing less than 8,500 pounds gross vehicle weight, if all of the following apply:
a. No more than 10 locations for the line make are licensed and in operation in the state on or after January 1, 1999.
b. At the time the factory first acquires an ownership interest in the dealership, the distance between the dealership and the nearest nonaffiliated new motor vehicle dealership trading in the same line make of motor vehicles is no less than 35 miles.
c. The factory does not own, directly or indirectly, in aggregate, in excess of a 45% interest in the dealership.
d. The factory provides written assurance to the department that on all matters pertaining to the operation of the dealership, the dealership has the same degree of independence from the factory as have all other dealerships of the same line make, including the right to seek legally enforceable redress against the manufacturer in any dispute arising under the franchise agreement.
e. All franchise agreements for the line make of new motor vehicles include provisions for actively sharing responsibility between the factory and representatives of the dealers of the line make for decision-making on matters within the scope of the agreement that significantly affect the retail automotive business including prior approval of any performance standards binding on dealers, prior and ongoing review of the allocation system the factory uses for distributing new motor vehicles covered by the franchise agreement, prior approval of any proposed supplements to the franchise agreement applicable to dealerships in which the factory owns a partial interest and approval of any superseding franchise agreement before the agreement is offered to dealers of the line make.
9,2342ap
Section 2342ap. 218.01 (3) (am) 1. a. of the statutes is amended to read:
218.01 (3) (am) 1. a. The applicant fails to provide
the any information required under sub. (2) (ig) 1.
9,2342avm
Section 2342avm. 218.01 (3x) (c) 1. g. of the statutes is created to read:
218.01 (3x) (c) 1. g. Whether the dealer and affected grantor have previously agreed upon a specific action that is inconsistent with the proposed action and, if so, whether there has been a change in circumstances sufficient to justify the proposed action.
9,2342abw
Section 2342abw. 218.01 (3x) (d) 1. of the statutes is repealed.
9,2342b
Section 2342b. 218.02 (2) (a) 1. (intro.) of the statutes is amended to read:
218.02 (2) (a) 1. (intro.) Each adjustment service company shall apply to the division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the division in writing, under oath, in a form to be prescribed by the division. The division may issue more than one license to the same licensee. An Except as provided in subd. 3., an application for a license under this section shall include the following:
9,2342bb
Section 2342bb. 218.02 (2) (a) 3. of the statutes is created to read:
218.02 (2) (a) 3. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
9,2342bd
Section 2342bd. 218.04 (3) (a) 1. (intro.) of the statutes is amended to read:
218.04 (3) (a) 1. (intro.) Application for licenses under the provisions of this section shall be made to the division in writing, under oath, on a form to be prescribed by the division. All licenses shall expire on June 30 next following their date of issue. An Except as provided in subd. 3., an application for a license under this section shall include the following:
9,2342bf
Section 2342bf. 218.04 (3) (a) 3. of the statutes is created to read:
218.04 (3) (a) 3. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
9,2342bh
Section 2342bh. 218.04 (4) (am) 1. of the statutes is amended to read:
218.04 (4) (am) 1. The applicant fails to provide
the any information required under sub. (3) (a) 1.
9,2342bj
Section 2342bj. 218.05 (3) (am) 1. (intro.) of the statutes is amended to read:
218.05 (3) (am) 1. (intro.) In addition to the information required under par. (a) and except as provided in subd. 3., an application for a license under this section shall include the following:
9,2342bL
Section 2342bL. 218.05 (3) (am) 3. of the statutes is created to read:
218.05 (3) (am) 3. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
9,2342bn
Section 2342bn. 218.05 (4) (c) 1. of the statutes is amended to read:
218.05 (4) (c) 1. The applicant fails to provide the any information required under sub. (3) (am) 1.
9,2342bp
Section 2342bp. 218.05 (11) (a) of the statutes is amended to read:
218.05 (11) (a) The renewal applicant fails to provide the any information required under sub. (3) (am) 1.
9,2342cc
Section 2342cc. Subchapter VI (title) of chapter 218 [precedes 218.10] of the statutes is amended to read:
CHAPTER 218
Subchapter VI
mobile home Recreational
vehicle dealers
9,2342cg
Section 2342cg. 218.10 (1) of the statutes is repealed.
9,2342cL
Section 2342cL. 218.10 (1m) of the statutes is created to read:
218.10 (1m) "Department" means the department of transportation, unless the context requires otherwise.
9,2342cp
Section 2342cp. 218.10 (1t) of the statutes is repealed.
9,2342ct
Section 2342ct. 218.10 (2) of the statutes is repealed.
9,2342cx
Section 2342cx. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:
218.10 (1g) (intro.) "Mobile home dealer" "Dealer", unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in mobile homes
a recreational vehicle or who is engaged wholly or in part in the business of selling mobile homes recreational vehicles, whether or not the mobile homes recreational vehicles are owned by the person, but does not include:
(e) A person transferring a mobile home recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
9,2342gc
Section 2342gc. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:
218.10 (1x) "Mobile home manufacturer" "Manufacturer" means any person within or without this state who manufactures or assembles mobile homes
recreational vehicles for sale in this state.
9,2342gg
Section 2342gg. 218.10 (5) of the statutes is repealed.
9,2342gi
Section 2342gi. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended to read:
218.10 (8t) "Mobile home salesperson" "Salesperson", unless the context requires otherwise, means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes
recreational vehicles.
9,2342gL
Section 2342gL. 218.10 (7) of the statutes is amended to read:
218.10 (7) "New mobile home recreational vehicle" means a mobile home recreational vehicle which has never been occupied, used or sold for personal or business use.
9,2342gp
Section 2342gp. 218.10 (8) of the statutes is repealed.
9,2342gt
Section 2342gt. 218.10 (8m) of the statutes is amended to read:
218.10 (8m) "Recreational vehicle" means a mobile home, as defined in s. 340.01 (29), that does not exceed the statutory size under s. 348.07 (2).
9,2342gx
Section 2342gx. 218.10 (9) of the statutes is amended to read:
218.10 (9) "Used mobile home
recreational vehicle" means a mobile home recreational vehicle which has previously been occupied, used or sold for personal or business use.
9,2342Lc
Section 2342Lc. 218.101 of the statutes is repealed.
9,2342Lg
Section 2342Lg. 218.11 (title) of the statutes is amended to read:
218.11 (title) Mobile home
Recreational vehicle dealers regulated.
9,2342LL
Section 2342LL. 218.11 (1) of the statutes is amended to read:
218.11 (1) No person may engage in the business of selling mobile homes to the ultimate recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided department.
9,2342Lg
Section 2342Lg. 218.11 (2) (am) 1. of the statutes is amended to read:
218.11 (2) (am) 1. In addition to any other information required under par. (a) and except as provided in subd. 4., an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.
9,2342Lj
Section 2342Lj. 218.11 (2) (am) 2. of the statutes is amended to read:
218.11 (2) (am) 2. The licensor department shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.
9,2342Lk
Section 2342Lk. 218.11 (2) (am) 3. of the statutes is amended to read:
218.11 (2) (am) 3. The licensor department of commerce may not disclose any information received under subd. 1. to any person except to the department of industry, labor and job development workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
9,2342Ln
Section 2342Ln. 218.11 (2) (am) 4. of the statutes is created to read:
218.11 (2) (am) 4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
9,2342Lo
Section 2342Lo. 218.11 (2) (am) 4. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:
218.11 (2) (am) 4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor
department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
9,2342Lp
Section 2342Lp. 218.11 (2) (b) and (d) of the statutes are amended to read:
218.11 (2) (b) 1. The licensor department shall promulgate rules establishing the license period under this section.
2. The licensor department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
(d) If the licensor department issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under par. (c).
9,2342Lt
Section 2342Lt. 218.11 (3) of the statutes is amended to read:
218.11 (3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the licensor department, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the licensor department.
9,2342Lx
Section 2342Lx. 218.11 (6) (intro.) and (d) of the statutes are amended to read:
218.11 (6) (intro.) The licensor department may deny, suspend or revoke a license on the following grounds:
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor department under this section.
9,2342pc
Section 2342pc. 218.11 (6) (n) of the statutes is amended to read:
218.11 (6) (n) Having violated any law relating to the sale, distribution or financing of mobile homes recreational vehicles.
9,2342pg
Section 2342pg. 218.11 (7) of the statutes is amended to read:
