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:
SB99,106,1512
422.201
(3) For licensees under s. 138.09 and under
s. 218.01 ss. 218.0101 to
13218.0163, the finance charge, calculated according to those sections, may not exceed
14the maximums permitted in ss. 138.09 and
218.01 218.0101 to 218.0163,
15respectively.
SB99, s. 315
16Section
315. 422.202 (3) (c) of the statutes is amended to read:
SB99,106,1917
422.202
(3) (c) A merchant may not, in the same transaction, be subject to the
18penalty in s. 138.09 (9) (b),
218.01 (8) 218.0161 or 425.305 and the penalty in s.
19425.304, based on the assessment of the same additional charges.
SB99, s. 316
20Section
316. 425.301 (4) of the statutes is amended to read:
SB99,107,521
425.301
(4) The liability of a merchant under chs. 421 to 427 is in lieu of and
22not in addition to any liability under the federal consumer credit protection act and
23s. ss. 138.09 or
218.01 218.0101 to 218.0163. An action by a person alleging a
24violation under chs. 421 to 427 may not be maintained if a final judgment has been
25rendered for or against that person with respect to the same violation under the
1federal consumer credit protection act or
s.
ss. 138.09 or
218.01 218.0101 to 218.0163.
2If a final judgment is entered against any merchant under chs. 421 to 427 and the
3federal consumer credit protection act or
s. ss. 138.09 or
218.01 218.0101 to 218.0163 4for the same violation, the merchant has a cause of action for appropriate relief to
5the extent necessary to avoid double liability.
SB99, s. 317
6Section
317. 429.102 (1) of the statutes is amended to read:
SB99,107,97
429.102
(1) To the extent that
s. 218.01 ss. 218.0101 to 218.0163 and chs. 411
8and 421 to 427 are inconsistent with this chapter, the provisions of this chapter shall
9apply.
SB99, s. 318
10Section
318. 429.102 (2) of the statutes is amended to read:
SB99,107,1411
429.102
(2) Unless superseded by the particular provisions of this chapter,
12parties to a motor vehicle consumer lease have all of the obligations, duties, rights
13and remedies provided in
s. 218.01 ss. 218.0101 to 218.0163 and chs. 411 and 421 to
14427 that apply to the transaction.
SB99, s. 319
15Section
319. 429.104 (13m) of the statutes is amended to read:
SB99,108,516
429.104
(13m) "Gross capitalized cost" means the sum of all amounts
17capitalized in the consumer lease that, after subtracting the capitalized cost
18reduction, amortizes to the residual value by the depreciation portion of the periodic
19lease payments over the scheduled term of the lease or, for a single-payment lease,
20the single payment. These amounts may include taxes; fees for registration, license,
21acquisition, administration and assignment; other fees; charges for insurance,
22service contracts and extended warranties; and charges for a waiver of the
23contractual obligation to pay the gap amount, for accessories and their installation,
24for other services and benefits incidental to the consumer lease, and for delivering,
25servicing, repairing or improving the vehicle. With respect to a vehicle or other
1property traded in connection with a consumer lease, the term may include the
2outstanding unpaid balance of the amount financed under a consumer loan, as
3defined in s. 421.301 (12), or a retail instalment contract, as defined in s.
218.01 (1)
4(t) 218.0101 (32), or the unpaid balance of any early termination costs under a lease
5or other obligation of the lessee. The term does not include any rent charge.
SB99, s. 320
6Section
320. 429.104 (19) of the statutes is amended to read:
SB99,108,87
429.104
(19) "Motor vehicle" has the meaning given in s.
218.01 (1) (m) 8218.0101 (22).
SB99, s. 321
9Section
321. 429.104 (21) of the statutes is amended to read:
SB99,108,1210
429.104
(21) "Prospective lessee" means a natural person who enters into a
11prelease agreement under s.
218.01 (6x) 218.0144 with a prospective lessor, or who
12otherwise intends to become a lessee.
SB99, s. 322
13Section
322. 429.104 (21m) of the statutes is amended to read:
SB99,108,1714
429.104
(21m) "Prospective lessor" means a person regularly engaged in the
15business of leasing or selling vehicles who enters into a prelease agreement under
16s.
218.01 (6x) 218.0144 with a prospective lessee, or who otherwise intends to become
17a lessor.
SB99, s. 323
18Section
323. 429.301 (2) of the statutes is amended to read:
SB99,108,2219
429.301
(2) If a party to a consumer lease recovers damages or penalties under
20this chapter for an act or omission, the party may not recover any damages or
21penalties for the same act or omission under
s. 218.01
ss. 218.0101 to 218.0163 or chs.
22411 and 421 to 427.
SB99, s. 324
23Section
324. 553.235 (2) (a) of the statutes is amended to read:
SB99,109,3
1553.235
(2) (a) The exemption under sub. (1) is not available for the sale of a
2franchise in which the franchisee would be a motor vehicle dealer or a motor vehicle
3distributor or wholesaler, as defined in s.
218.01 (1)
218.0101.
SB99, s. 325
4Section
325. 632.32 (2) (b) 1. of the statutes is amended to read:
SB99,109,65
632.32
(2) (b) 1. A motor vehicle dealer, as defined in s.
218.01 (1) (n) 218.0101
6(23) (a).