SB99,96,314
218.0136
(3) The service of a demand for mediation under
par. (a) sub. (1) shall
15stay the time for the filing of any complaint or petition with the division of hearings
16and appeals or for bringing an action under
sub. (9) (a) s. 218.0163 (1), based on an
17alleged violation of
this section ss. 218.0101 to 218.0163 by the other licensee or
18pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131 or
19218.0134, until the representatives of both licensees have met with a mutually
20selected mediator for the purpose of attempting to resolve the dispute. If a complaint
21or petition is filed before the meeting, the division of hearings and appeals or the
22court shall enter an order suspending the proceeding or action until the meeting has
23occurred and may, upon the written stipulation of all parties to the proceeding or
24action that they wish to continue to mediate under this
subsection section, enter an
25order suspending the proceeding or action for as long a period as the division of
1hearings and appeals or court considers to be appropriate. A suspension order issued
2under this
paragraph subsection may be revoked upon motion of any party or upon
3motion of the division of hearings and appeals or the court.
SB99, s. 278
4Section
278. 218.01 (7m) (d) of the statutes is renumbered 218.0136 (4) and
5amended to read:
SB99,96,96
218.0136
(4) The licensor shall encourage licensees under this
subsection 7section to establish, maintain and administer a panel of mediators who have the
8character, ability and training to serve as mediators and who have knowledge of the
9motor vehicle industry.
SB99, s. 279
10Section
279. 218.01 (7r) of the statutes is renumbered 218.0137 and amended
11to read:
SB99,96,19
12218.0137 Arbitration of disputes between licensees. A manufacturer,
13importer or distributor and a dealer may agree to submit a dispute arising under a
14franchise agreement or under
this section ss. 218.0101 to 218.0163 to binding
15arbitration. Unless agreed otherwise in an agreement that complies with
subs. (2)
16(bm) 2. and (3) (a) 36. d. ss. 218.0114 (9) (b) and 218.0116 (1) (qm) 4., any arbitration
17proceeding shall be voluntary, initiated by serving a written demand for arbitration
18on the other party, and shall be conducted under the provisions of the state of
19Wisconsin arbitration plan administered by representatives of the licensees.
SB99, s. 280
20Section
280. 218.01 (7t) of the statutes is renumbered 218.0138 and amended
21to read:
SB99,97,3
22218.0138 Immunity and presumption of good faith. A mediator or
23arbitrator is immune from civil liability for any good faith act or omission within the
24scope of the mediator's or arbitrator's performance of his or her powers and duties
25under
sub. (7m) s. 218.0136 or the arbitration plan referred to in
sub. (7r) s. 218.0137.
1Every act or omission of a mediator or arbitrator is presumed to be a good faith act
2or omission. This presumption may be overcome only by clear and convincing
3evidence.
SB99, s. 281
4Section
281. 218.01 (8) of the statutes is renumbered 218.0161 and amended
5to read:
SB99,97,10
6218.0161 Penalties. Except for
sub. (3) (a) 1., 3., 6., 7., 11., 12., 13., 20., 25.,
729. and 30. s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), and
8except for violations for
sub. (2) (a), (2a), (3a) (c) or (7b) s. 218.0114 (1), 218.0117 (3),
9218.0119 or 218.0147, any person violating
this section ss. 218.0101 to 218.0163 may
10be required to forfeit not less than $25 nor more than $500 for each violation.
SB99, s. 282
11Section
282. 218.01 (8m) of the statutes is renumbered 218.0162 and amended
12to read:
SB99,97,17
13218.0162 Commencement of action. Upon the request of the licensor, the
14department of justice or the district attorney may commence an action in the name
15of the state to recover a forfeiture under
sub. (8)
s. 218.0161. An action under
sub.
16(8) s. 218.0161 shall be commenced within 3 years after the occurrence of the
17unlawful act or practice which is the subject of the action.
SB99, s. 283
18Section
283. 218.01 (9) of the statutes is renumbered 218.0163 and amended
19to read:
SB99,97,25
20218.0163 Civil damages. (1) Without exhausting any administrative remedy
21available under an agreement or
this section ss. 218.0101 to 218.0163, except as
22provided in
sub. (3) (f) and (fm) s. 218.0116 (7) and (8), a licensee may recover
23damages in a court of competent jurisdiction for pecuniary loss, together with actual
24costs including
a reasonable attorney
fee fees, if the pecuniary loss is caused by any
25of the following:
SB99,98,3
1(a) A violation by any other licensee of
sub. (3) (a) 4., 11., 15., 16., 17., 22., 23.,
224., 26., 32., 35., 36., 37., 38., 39., 40., 41. or 43. s. 218.0116 (1) (bm), (f), (h), (hm), (i),
3(km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t) or (u).
SB99,98,54
(b) Any unfair practice found by a licensor or the division of hearings and
5appeals under
sub. (5) (a) s. 218.0152 (1).
SB99,98,8
6(1m) If a court finds that a violation or practice described in
par. (a) 1. or 2. sub.
7(1) (a) or (b) is wilful, a licensee shall recover damages in an amount equal to 3 times
8the pecuniary loss, together with actual costs including reasonable attorney fees.
SB99,98,13
9(2) Any retail buyer, lessee or prospective lessee suffering pecuniary loss
10because of a violation by a licensee of
sub. (3) (a) 4., 5., 6., 8., 9., 10., 11., 18., 25. or
1131. s. 218.0116 (1) (bm), (c), (cm), (dm), (e), (em), (f), (im), (m) or (p) may recover
12damages for the loss in any court of competent jurisdiction together with costs,
13including reasonable attorney fees.
SB99, s. 284
14Section
284. 218.0116 (1) (i) 1. of the statutes is created to read:
SB99,98,1515
218.0116
(1) (i) 1. (intro.) In this paragraph:
SB99,98,1816
a. "Due regard to the equities" means treatment in enforcing an agreement that
17is fair and equitable to a motor vehicle dealer or distributor and that is not
18discriminatory compared to similarly situated dealers or distributors.
SB99,98,2319
b. "Just provocation" means a material breach by a motor vehicle dealer or
20distributor, due to matters within the dealer's or distributor's control, of a reasonable
21and necessary provision of an agreement and the breach is not cured within a
22reasonable time after written notice of the breach has been received from the
23manufacturer, importer or distributor.
Note: Recreates definitions previously contained in s. 218.01 (3) (a) 17., for proper
placement consistent with current style.
SB99, s. 285
1Section
285. 218.0116 (1) (im) 1. of the statutes is created to read:
SB99,99,22
218.0116
(1) (im) 1. In this paragraph, "bushing" means:
SB99,99,63
a. With respect to an order or contract of purchase, the practice of increasing
4the selling price of a motor vehicle above that originally quoted the purchaser as
5evidenced by a purchase order or contract which has been signed by both the
6purchaser and dealer licensee.
SB99,99,107
b. With respect to a consumer lease or prelease agreement, the practice of
8increasing the gross capitalized cost above that originally quoted the lessee or
9prospective lessee as evidenced by a consumer lease or prelease agreement which has
10been 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".
SB99, s. 286
11Section
286. 218.0116 (7) (d) 1d. of the statutes is created to read:
SB99,99,1312
218.0116
(7) (d) 1d. "Closed" means the effective date of the termination or
13expiration 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.
SB99, s. 287
14Section
287. 218.015 of the statutes is renumbered 218.0171, and 218.0171
15(1) (c) and (e), as renumbered, are amended to read:
SB99,99,1916
218.0171
(1) (c) "Manufacturer" means a manufacturer as defined in s.
218.01
17(1) (L) 218.0101 (20) and agents of the manufacturer, including an importer, a
18distributor, factory branch, distributor branch and any warrantors of the
19manufacturer's motor vehicles, but not including a motor vehicle dealer.
SB99,99,2120
(e) "Motor vehicle dealer" has the meaning given under s.
218.01 (1) (n) 21218.0101 (23) (a).
SB99, s. 288
1Section
288. 218.017 of the statutes is renumbered 218.0172, and 218.0172
2(1) (b), (c), (d) and (e), as renumbered, are amended to read:
SB99,100,43
218.0172
(1) (b) "Consumer" has the meaning given in s.
218.015 218.0171 (1)
4(b).
SB99,100,55
(c) "Manufacturer" has the meaning given in s.
218.015 218.0171 (1) (c).
SB99,100,66
(d) "Motor vehicle" has the meaning given in s.
218.015 218.0171 (1) (d).
SB99,100,87
(e) "Motor vehicle dealer" means a motor vehicle dealer, as defined in s.
218.01
8(1) (n) 218.0101 (23) (a), that sells new motor vehicles.
SB99, s. 289
9Section
289. 218.12 (5) of the statutes is amended to read:
SB99,100,1410
218.12
(5) The provision of s.
218.01 (3) 218.0116 relating to the denial,
11suspension and revocation of a motor vehicle salesperson's license shall apply to the
12denial, suspension and revocation of a mobile home salesperson's license so far as
13applicable, except that such provision does not apply to the denial, suspension or
14revocation of a license under sub. (3m).
SB99, s. 290
15Section
290. 218.12 (6) of the statutes is amended to read:
SB99,100,1816
218.12
(6) The provisions of
s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and
17218.0152 shall apply to this section, mobile home sales practices and the regulation
18of travel trailer or mobile home salespersons, as far as applicable.
SB99, s. 291
19Section
291. 218.205 (2) (a) of the statutes is amended to read:
SB99,100,2220
218.205
(2) (a) Motor vehicle dealers licensed under s.
218.01 (2) 218.0114 who
21remove, but do not sell, as such, parts of motor vehicles prior to sale of such vehicles
22to motor vehicle salvage dealers or scrap metal processors.
SB99, s. 292
23Section
292. 218.21 (1m) of the statutes is amended to read:
SB99,101,224
218.21
(1m) The department may not require information relating to the
25applicant's solvency or financial standing if the applicant provides a bond in the
1amount provided in sub. (4) and under conditions specified in s.
218.01 (2) (h) 2. 2218.0114 (20) (b).
SB99, s. 293
3Section
293. 218.21 (4) (a) of the statutes is amended to read:
SB99,101,94
218.21
(4) (a) Unless the applicant furnishes a bond, or other adequate
5collateral as security, of not less than $25,000 under conditions provided by s.
218.01
6(2) (h) 2. 218.0114 (20) (b), every application shall be accompanied by a current
7financial statement to determine the applicant's solvency as required under sub. (1).
8Except as provided in par. (b), this paragraph does not apply to the application of a
9scrap metal processor.
SB99, s. 294
10Section
294. 218.21 (6) of the statutes is amended to read:
SB99,101,1211
218.21
(6) A bond may be required under conditions as provided by s.
218.01
12(2) (h) 2. 218.0114 (20) (b).
SB99, s. 295
13Section
295. 218.22 (1) (intro.) of the statutes is amended to read:
SB99,101,1914
218.22
(1) (intro.) The department shall issue a license to the applicant for a
15motor vehicle salvage dealer's license upon the receipt of a properly completed
16application form accompanied by the fee required under sub. (2) (c) or (d), upon being
17satisfied that the applicant is financially solvent or that the applicant has furnished
18a bond, or other adequate collateral as security, of not less than $25,000 under
19conditions provided by s.
218.01 (2) (h) 2. 218.0114 (20) (b), and of good character and:
SB99, s. 296
20Section
296. 218.22 (3) (m) of the statutes is amended to read:
SB99,101,2221
218.22
(3) (m) Having sold a retail instalment contract to a sales finance
22company not licensed under
s. 218.01 ss. 218.0101 to 218.0163.
SB99, s. 297
23Section
297. 218.22 (5) of the statutes is amended to read:
SB99,102,324
218.22
(5) No salvage dealer licensed under ss. 218.205 to 218.23 shall be
25licensed as a dealer under s.
218.01 (2) 218.0114 at his or her salvage dealer location,
1provided that nothing herein shall prohibit licensing and transacting of both
2businesses at the same location where the salvage operations are physically
3separated.
SB99, s. 298
4Section
298. 218.40 (3) of the statutes is amended to read:
SB99,102,95
218.40
(3) "Moped dealer" means any person, firm or corporation, who is
6engaged wholly or in part in the business of selling mopeds
. Provided, however,,
7except that a person, firm or corporation who is also a motor vehicle dealer under
s.
8218.01 ss. 218.0101 to 218.0163 shall be governed and regulated by the provisions
9of
s. 218.01 ss. 218.0101 to 218.0163 and not this section.
SB99, s. 299
10Section
299. 218.505 of the statutes is amended to read:
SB99,102,13
11218.505 Salvage pools to be licensed as wholesalers. No motor vehicle
12salvage pool may engage in business as such unless licensed as a wholesaler under
13s. 218.01 ss. 218.0101 to 218.0163.
SB99, s. 300
14Section
300. 220.285 (1) of the statutes is amended to read:
SB99,102,2515
220.285
(1) Any state bank, trust company bank, licensee under
s. ss. 138.09,
16138.12,
218.01 218.0101 to 218.0163, 218.02, 218.04 or 218.05 or ch. 217 may cause
17any or all records kept by such bank or licensee to be recorded, copied or reproduced
18by any photostatic, photographic or miniature photographic process or by optical
19imaging if the process employed correctly, accurately and permanently copies,
20reproduces or forms a medium for copying, reproducing or recording the original
21record on a film or other durable material. A bank or licensee may thereafter dispose
22of the original record after first obtaining the written consent of the division. This
23section, excepting that part of it which requires written consent of the division, is
24applicable to national banking associations insofar as it does not contravene federal
25law.
SB99, s. 301
1Section
301. 227.43 (1) (bg) of the statutes is amended to read:
SB99,103,82
227.43
(1) (bg) Assign a hearing examiner to preside over any hearing or review
3under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32
4(1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46,
218.01
5(2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d) 218.0114 (7) (d) and
6(12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b),
7218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09
8(2m) (d), 342.26, 343.69 and 348.25 (9).
SB99, s. 302
9Section
302. 340.01 (11) (d) of the statutes is amended to read:
SB99,103,1210
340.01
(11) (d) A finance company licensed under
s. ss. 138.09 or
218.01
11218.0101 to 218.0163 who sells or offers for sale motor vehicles repossessed or
12foreclosed by it under the terms of a security contract.
SB99, s. 303
13Section
303. 340.01 (28e) of the statutes is amended to read:
SB99,103,1814
340.01
(28e) "Manufacturers buyback vehicle" means a motor vehicle
15repurchased by its manufacturer, or by an authorized distributor or dealer with
16compensation from the manufacturer, because of a nonconformity that was not
17corrected after a reasonable attempt to repair the nonconformity under s.
218.015 18218.0171 or under a similar law of another state.
SB99, s. 304
19Section
304. 340.01 (35e) of the statutes is amended to read:
SB99,103,2120
340.01
(35e) "Motor vehicle dealer" has the meaning given in s.
218.01 (1) (n) 21218.0101 (23) (a).
SB99, s. 305
22Section
305. 340.01 (74t) of the statutes is amended to read:
SB99,103,2423
340.01
(74t) "Wholesaler" has the meaning given in s.
218.01 (1) (e) 218.0101
24(6).
SB99, s. 306
25Section
306. 341.51 (6) of the statutes is amended to read:
SB99,104,3
1341.51
(6) A person licensed under
s. 218.01 ss. 218.0101 to 218.0163 or 218.41
2as a dealer, distributor or manufacturer of only mopeds may, but need not, apply for
3registration under this section.
SB99, s. 307
4Section
307. 341.57 (1) of the statutes is amended to read:
SB99,104,125
341.57
(1) Any motor vehicle owned or being repossessed by a finance company
6licensed under
s. ss. 138.09 or
218.01 218.0101 to 218.0163, by a credit union licensed
7under ch. 186, by a savings bank organized under ch. 214, by a savings and loan
8association organized under ch. 215 or by a state bank or a national bank with offices
9in this state, may be operated on the highways of this state for any necessary purpose
10in repossessing, reconditioning or reselling such vehicle without such vehicle being
11registered if the vehicle has displayed upon it a valid registration plate issued to such
12licensee pursuant to this section.
SB99, s. 308
13Section
308. 341.57 (2) of the statutes is amended to read:
SB99,105,214
341.57
(2) A finance company licensed under
s. ss. 138.09 or
218.01 218.0101
15to 218.0163, a credit union licensed under ch. 186, a savings bank organized under
16ch. 214, a savings and loan association organized under ch. 215 or a state bank or a
17national bank with offices in this state may apply to the department for registration
18on such form as the department provides. Upon receipt of the application together
19with a registration fee of $75, the department shall register the applicant and shall
20issue one registration plate containing the registration number assigned to the
21applicant. The department, upon receiving a fee of $5 for each additional plate
22desired by the applicant, shall issue additional plates as the applicant orders.
23Section 341.52 applies to the design of the plates. The registration and plates are
24valid only during the calendar year for which issued. A plate is transferable from one
1motor vehicle to another. The department may charge a fee of $2 per plate for
2replacing lost, damaged or illegible plates issued under this subsection.
SB99, s. 309
3Section
309. 342.12 (3) (a) of the statutes is amended to read:
SB99,105,84
342.12
(3) (a) The applicant is a dealer licensed under
s. 218.01 ss. 218.0101
5to 218.0163 or 218.11 and is financially responsible as substantiated by the last
6financial statement on file with the licensor, a finance company licensed under
s. ss. 7138.09 or
218.01 218.0101 to 218.0163, a bank organized under the laws of this state,
8or a national bank located in this state; or
SB99, s. 310
9Section
310. 342.18 (4) (a) of the statutes is amended to read:
SB99,105,1510
342.18
(4) (a) Whenever application therefor accompanied by the required fee
11is made by a finance company licensed under
s. ss. 138.09 or
218.01 218.0101 to
12218.0163, a bank organized under the laws of this state, or a national bank located
13in this state, and the vehicle in question is a used vehicle for which the department
14had issued a certificate of title to the previous owner or a vehicle previously
15registered in another jurisdiction or is a mobile home.
SB99, s. 311
16Section
311. 344.572 (2) of the statutes is amended to read:
SB99,105,2217
344.572
(2) Sections 344.574, 344.576 and 344.578 do not apply to a rental
18agreement under which a person rents from a motor vehicle dealer licensed under
19s. 218.01 ss. 218.0101 to 218.0163 a private passenger vehicle owned by the dealer
20if the private passenger vehicle is rented only for use while a vehicle owned or leased
21by the person or which the person has agreed to purchase is being serviced, repaired,
22manufactured or delivered.
SB99, s. 312
23Section
312. 345.11 (1g) of the statutes is amended to read:
SB99,106,3
1345.11
(1g) The uniform traffic citation may be used for violations of ss.
218.01
2(2) (a) 218.0114 (1) and 218.205 (1). The report of conviction shall be forwarded to
3the department.
SB99, s. 313
4Section
313. 345.11 (5) of the statutes is amended to read:
SB99,106,105
345.11
(5) Notwithstanding any other provision of the statutes, the use of the
6uniform traffic citation promulgated under sub. (4) by any peace officer in connection
7with the enforcement of any state traffic laws, any local traffic ordinances in strict
8conformity with the state traffic laws or s.
218.01 (2) (a) 218.0114 (1) or 218.205 (1)
9shall be deemed adequate process to give the appropriate court jurisdiction over the
10person upon the filing with or transmitting to the court of the uniform traffic citation.
SB99, s. 314
11Section
314. 422.201 (3) of the statutes is amended to read: