SB99, s. 43
3Section
43. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).
SB99, s. 44
4Section
44. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).
SB99, s. 45
5Section
45. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).
SB99, s. 46
6Section
46. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).
SB99, s. 47
7Section
47. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).
SB99, s. 48
8Section
48. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and
9amended to read:
SB99,22,1510
218.0101
(32) "Retail instalment contract" or "instalment contract" means and
11includes every contract to sell one or more motor vehicles at retail, in which the price
12thereof of the motor vehicle is payable in one or more instalments over a period of
13time and in which the seller has either retained title to the goods or has taken or
14retained a security interest in the goods under a form of contract designated either
15as a conditional sale, chattel mortgage or otherwise.
SB99, s. 49
16Section
49. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and
17amended to read:
SB99,22,2018
218.0101
(33) "Retail seller" means a person, firm or corporation selling or
19agreeing to sell one or more motor vehicles under a retail instalment contract to a
20buyer for the
latter's buyer's personal use or consumption
thereof.
SB99, s. 50
21Section
50. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and
22amended to read:
SB99,23,223
218.0101
(34) (a) "Sales finance company" means
and includes any person, firm
24or corporation engaging in the business, in whole or in part, of acquiring by purchase
1or by loan on the security thereof, or otherwise, retail instalment contracts or
2consumer leases from retail sellers or lessors in this state
, including.
SB99,23,5
3(b) "Sales finance company" includes any motor vehicle dealer who sells or
4leases any motor vehicle on an instalment contract or consumer lease or acquires any
5retail instalment contracts in the dealer's retail sales or leases of motor vehicles.
SB99, s. 51
6Section
51. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).
SB99, s. 52
7Section
52. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).
SB99, s. 53
8Section
53. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).
SB99, s. 54
9Section
54. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).
SB99, s. 55
10Section
55. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and
11amended to read:
SB99,23,1612
218.0111
(1) (intro.) The department of transportation shall issue the licenses
13provided for in
sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over
14the licensees
thereunder in respect to all
of the provisions of
this section ss. 218.0101
15to 218.0163, except
only as to such matters as
that the division of banking shall have
16jurisdiction and control over all of the following:
SB99,23,19
17(a) Matters that relate to the sale of motor vehicles on retail instalment
18contracts and the financing and servicing of
such
those retail instalment contracts
19and as to such matters as.
SB99,23,23
20(b) Matters that relate to prelease agreements under
sub. (6x) s. 218.0144 and
21consumer leases under chs. 421 to 427 and 429
, over which matter the division of
22banking shall have jurisdiction and control, and the division of banking shall issue
23the.
SB99,23,24
24(c) The issuance of licenses to sales finance companies.
SB99,24,9
1(2) Either licensor
hereunder under sub. (1) shall, upon request, furnish the
2other licensor with any information it may have in respect to any licensee or
3applicant for license or any transaction in which such
a licensee or applicant may be
4a party or be interested. No license shall be issued under
sub. (2) (d) 1. and 8. s.
5218.0114 (14) (a) and (g) until both licensors have approved the application. The
6suspension or revocation of either
of such licenses
the license issued under s.
7218.0114 (14) (a) or (g) shall automatically
likewise suspend or revoke the other
8license
; and such. Any suspension or revocation shall be certified by the licensor
9ordering it to the other licensor.
Note: Text order is changed for improved readability.
SB99, s. 56
10Section
56. 218.01 (1b) of the statutes is renumbered 218.0113 and amended
11to read:
SB99,24,22
12218.0113 Licenses for dealers, distributors, manufacturers or
13transporters of semitrailers and trailers. Subject to ch. 180 where applicable,
14any dealer, distributor, manufacturer or transporter of semitrailers or trailers
15designed for use in combination with a truck or truck tractor is
deemed considered 16licensed under
this section ss. 218.0101 to 218.0163 where for purposes of chs. 341
17and 342
a license under
this section
ss. 218.0101 to 218.0163 is required. This
18subsection section is enacted to remove an undue burden on interstate commerce
19from a class of commercial transactions in which the business character of the parties
20does not require the protection provided by
this section ss. 218.0101 to 218.0163 and
21to promote the expansion of credit for truck operators who require banking and
22financing facilities throughout the United States.
SB99, s. 57
23Section
57. 218.01 (2) (title) of the statutes is renumbered 218.0114 (title).
SB99, s. 58
1Section
58. 218.01 (2) (a) of the statutes is renumbered 218.0114 (1) and
2amended to read:
SB99,25,113
218.0114
(1) No motor vehicle dealer, motor vehicle salesperson or sales
4finance company
shall may engage in business as
such a motor vehicle dealer, motor
5vehicle salesperson or sales finance company in this state without a license therefor
6as provided in
this section ss. 218.0101 to 218.0163. If any motor vehicle dealer acts
7as a motor vehicle salesperson, he or she shall secure a motor vehicle salesperson's
8license in addition to a
license for motor vehicle dealer
license. Every motor vehicle
9dealer shall be responsible for the licensing of every motor vehicle salesperson in his
10or her employ. Any person violating this
paragraph
subsection may be fined not less
11than $500 nor more than $5,000.
SB99, s. 59
12Section
59. 218.01 (2) (am) of the statutes is renumbered 218.0114 (2) and
13amended to read:
SB99,25,1614
218.0114
(2) No manufacturer, importer or distributor
shall may engage in
15business as
such a manufacturer, importer or distributor in this state without a
16license therefor as provided in
this section ss. 218.0101 to 218.0163.
SB99, s. 60
17Section
60. 218.01 (2) (an) of the statutes is renumbered 218.0114 (3) and
18amended to read:
SB99,25,2219
218.0114
(3) No factory representative or distributor representative
shall may 20engage in business as
such a factory representative or distributor representative in
21this state without a license therefor as provided in
this section ss. 218.0101 to
22218.0163.
SB99, s. 61
23Section
61. 218.01 (2) (b) of the statutes is renumbered 218.0114 (4) and
24amended to read:
SB99,26,16
1218.0114
(4) Application for
a license
under this section shall be made to the
2licensor, at such time, in such form and with such information as the licensor shall
3require and shall be accompanied by the required fees. An applicant for a sales
4finance company license, other than a motor vehicle dealer, shall pay to the division
5of banking a nonrefundable $300 investigation fee in addition to the license fee under
6par. (dr) sub. (16). If the cost of an investigation exceeds $300, the applicant shall,
7upon demand of the division of banking, pay the amount by which the cost of the
8investigation exceeds the nonrefundable fee. A licensee is not required to pay an
9investigation fee for the renewal of a license. The licensor may require the applicant
10to provide information relating to any pertinent matter that is commensurate with
11the safeguarding of the public interest in the locality in which the applicant proposes
12to engage in business, except that information relating to the applicant's solvency
13and financial standing may not be required for motor vehicle dealers except as
14provided in
par. (h) 1. sub. (20) (a). The information provided may be considered by
15the licensor in determining the fitness of the applicant to engage in business as set
16forth in
this section ss. 218.0101 to 218.0163.
SB99, s. 62
17Section
62. 218.01 (2) (bb) of the statutes is renumbered 218.0114 (5) and
18amended to read:
SB99,27,219
218.0114
(5) (a) A motor vehicle dealer or an applicant for a motor vehicle
20dealer license shall provide and maintain in force a bond or irrevocable letter of credit
21of not less than $25,000 or, if the dealer or applicant sells or proposes to sell
22motorcycles and not other types of motor vehicles, a bond or irrevocable letter of
23credit of not less than $5,000. The bond or letter of credit shall be executed in the
24name of the department of transportation for the benefit of any person who sustains
1a loss because of an act of a motor vehicle dealer that constitutes grounds for the
2suspension or revocation of a license under
this section ss. 218.0101 to 218.0163.
SB99,27,103
(b) A sales finance company or an applicant for a sales finance company license
4shall provide and maintain in force a bond or irrevocable letter of credit of not less
5than $25,000 issued by a surety company licensed to do business in this state or a
6federally insured financial institution, as defined in s. 705.01 (3). The bond or letter
7of credit shall be payable to the state of Wisconsin for the use of the state and of any
8person who sustains a loss because of an act of a sales finance company that
9constitutes grounds for the suspension or revocation of a license under
this section 10ss. 218.0101 to 218.0163.
SB99, s. 63
11Section
63. 218.01 (2) (bc) of the statutes is renumbered 218.0114 (6) and
12amended to read:
SB99,28,213
218.0114
(6) Except as provided in this
subsection section every dealer and
14distributor of new motor vehicles shall, at the time of application for a license, file
15with the department of transportation a certified copy of the applicant's written
16agreement and a certificate of appointment as dealer or distributor, respectively. The
17certificate of appointment shall be signed by an authorized agent of the
18manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or,
19where the manufacturer is wholesaling through an appointed distributorship, by an
20authorized agent of the distributor on indirect distributor-dealer agreements. The
21certificate shall be signed by an authorized agent of the importer on direct
22importer-dealer agreements of foreign-made vehicles; or by an authorized agent of
23the distributor on indirect distributor-dealer agreements. The distributor's
24certificate of appointment shall be signed by an authorized agent of the
1manufacturer; or by an agent of the manufacturer or importer of foreign
2manufactured vehicles.
SB99, s. 64
3Section
64. 218.01 (2) (bd) 1. of the statutes is renumbered 218.0114 (7) (a) 1.
4(intro.) and amended to read:
SB99,28,95
218.0114
(7) (a) 1. (intro.) A written agreement need not be filed for each dealer
6or distributor if the manufacturer
on or importer, for direct dealerships
, or
7distributor
on, for indirect dealerships
or importer on direct dealerships, utilizes the
8identical basic agreement for all its dealers or distributors in Wisconsin and certifies
9all of the following in the certificate of appointment
that such:
SB99,28,11
10a. That the blanket agreement is on file
and such written with the department
11of transportation.
SB99,28,14
12b. That the manufacturer's, distributor's or importer's agreement with
such
13dealer each of its dealers or
distributor distributors, respectively, is identical
with to 14the filed blanket agreement
, and.
SB99,28,17
15c. That the manufacturer, distributor or importer has filed
with the department
16of transportation one
such basic agreement together with a list of
its authorized
17dealers or distributors
. Such with the department of transportation.
SB99,28,19
182. A manufacturer, distributor or importer shall notify the department of
19transportation immediately of
any of the
following:
SB99,28,21
20a. The appointment of any additional dealers or distributors
, of any not
21included in the list filed under subd. 1. c.
SB99,28,23
22b. Any revisions of or additions to the basic agreement on file
, or of any under
23subd. 1. a.
SB99,28,25
24c. Any individual dealer or distributor supplements to
such the basic 25agreement
on file under subd. 1. a.
SB99,29,7
13. Except as provided in
subd. 1g., the par. (b), a manufacturer, distributor or
2importer shall notify
the a dealer or distributor
and forward, forwarding a copy of
3such the notice to the department of transportation
, of the discontinuation or
4cancellation of the agreement of any of its dealers or distributors at least 60 days
5before the effective date
thereof of the discontinuation or cancellation together with
6the specific grounds for discontinuation or cancellation of the agreement
, if
7discontinued or canceled.
SB99,29,12
8(e) Agreements and certificates of appointment are
deemed considered to be
9continuing unless the manufacturer, distributor or importer has notified the
10department
of transportation of the discontinuation or cancellation of the agreement
11of any of its dealers or distributors, and annual renewal of certifications filed as
12provided in this
subsection section is not necessary.
SB99, s. 65
13Section
65. 218.01 (2) (bd) 1g. of the statutes is renumbered 218.0114 (7) (b).
SB99, s. 66
14Section
66. 218.01 (2) (bd) 1r. of the statutes is renumbered 218.0114 (7) (c),
15and 218.0114 (7) (c) (intro.), as renumbered, is amended to read:
SB99,29,1816
218.0114
(7) (c) (intro) The notice served upon a motor vehicle dealer under
17subds. 1. and 1g. pars. (a) 3. and (b) is not effective unless it conspicuously displays
18the following statement:
SB99, s. 67
19Section
67. 218.01 (2) (bd) 2. of the statutes is renumbered 218.0114 (7) (d) and
20amended to read:
SB99,30,721
218.0114
(7) (d) Any dealer or distributor discontinued or canceled may, on or
22before the date on which the discontinuation or cancellation becomes effective, file
23with the department of transportation and division of hearings and appeals and
24serve upon the respondent
manufacturer, distributor or importer a complaint for a
25determination of unfair discontinuation or cancellation under
sub. (3) (a) 17. s.
1218.0116 (1) (i). Allowing opportunity for an answer, the division of hearings and
2appeals shall
thereafter schedule a hearing on and decide the matter. Agreements
3and certificates of appointment shall continue in effect until final determination of
4the issues raised in
such the complaint. If the complainant prevails
he or she the
5complainant shall have a cause of action against the
defendant respondent for
6reasonable expenses and attorney fees incurred by
him or her the complainant in
7such the matter.
SB99, s. 68
8Section
68. 218.01 (2) (bd) 3. of the statutes is renumbered 218.0114 (2m) and
9amended to read:
SB99,30,1810
218.0114
(2m) No manufacturers', distributors' or importers' vehicles shall be
11sold in this state unless either the manufacturer on direct dealerships of domestic
12vehicles, the importer of foreign manufactured vehicles on direct dealerships or the
13distributor on indirect dealerships of either domestic or foreign vehicles are licensed
14under
s. 218.01 ss. 218.0101 to 218.0163. The obtaining of a license under
s. 218.01 15ss. 218.0101 to 218.0163 shall conclusively establish that
such a manufacturer,
16distributor or importer is doing business in this state and shall subject the licensee
17to all provisions of the Wisconsin statutes regulating manufacturers, importers and
18distributors.
SB99, s. 69
19Section
69. 218.01 (2) (bf) of the statutes is renumbered 218.0114 (8) and
20amended to read:
SB99,30,2421
218.0114
(8) Within 60 days after the department of transportation issues a
22declaratory ruling under s. 227.41 that an agreement is inconsistent with
par. (bm) 23sub. (9), a manufacturer, distributor or importer shall remove or revise any provision
24of the agreement declared to be inconsistent with
par. (bm) sub. (9).
SB99, s. 70
1Section
70. 218.01 (2) (bm) 1. (intro.) of the statutes is renumbered 218.0114
2(9) (a) (intro.) and amended to read:
SB99,31,43
218.0114
(9) (a) (intro.) Except as provided in
par. (bo) sub. (10), provisions of
4an agreement which do any of the following are void and prohibited:
SB99, s. 71
5Section
71. 218.01 (2) (bm) 1. a. of the statutes is renumbered 218.0114 (9) (a)
61. and amended to read:
SB99,31,107
218.0114
(9) (a) 1. Waive a remedy or defense available to a distributor or dealer
8or other provision protecting the interests of a distributor or dealer under
this section 9ss. 218.0101 to 218.0163 or under rules promulgated by the department of
10transportation under
this section ss. 218.0101 to 218.0163.
SB99, s. 72
11Section
72. 218.01 (2) (bm) 1. b. of the statutes is renumbered 218.0114 (9) (a)
122.
SB99, s. 73
13Section
73. 218.01 (2) (bm) 1. c. of the statutes is renumbered 218.0114 (9) (a)
143.
SB99, s. 74
15Section
74. 218.01 (2) (bm) 2. of the statutes is renumbered 218.0114 (9) (b)
16and amended to read:
SB99,31,2217
218.0114
(9) (b) 1. Notwithstanding
subd. 1. b. par. (a) 2. and subject to
sub. (3)
18(a) 36. d. s. 218.0116 (1) (qm) 4., an agreement may provide for the resolution of
19disputes by arbitration, including binding arbitration, if both parties to the
20agreement voluntarily agree to an arbitration provision. An arbitrator acting under
21this
subd. 2. a. subdivision shall be bound by the laws of this state, including
par. (bd)
222. sub. (7) (d) and other provisions of
this section ss. 218.0101 to 218.0163.
SB99,31,2523
2. No finding of an arbitrator is binding upon any person who is not a party to
24the agreement. A finding of an arbitrator does not bind the department of
25transportation with respect to enforcement of
this section ss. 218.0101 to 218.0163.
SB99, s. 75
1Section
75. 218.01 (2) (bm) 3. of the statutes is renumbered 218.0114 (9) (c)
2and amended to read:
SB99,32,53
218.0114
(9) (c) Notwithstanding
subd. 1. b. par. (a) 2., an agreement may
4require a dealer or distributor to submit disputes to a nonbinding and reasonably
5prompt dispute resolution procedure before bringing an action in another forum.
SB99, s. 76
6Section
76. 218.01 (2) (bo) (intro.) of the statutes is renumbered 218.0114 (10)
7(intro.) and amended to read:
SB99,32,98
218.0114
(10) (intro.)
Paragraph (bm)
Subsection (9) does not apply to any of
9the following:
SB99, s. 77
10Section
77. 218.01 (2) (bo) 1. of the statutes is renumbered 218.0114 (10) (a).
SB99, s. 78
11Section
78. 218.01 (2) (bo) 2. of the statutes is renumbered 218.0114 (10) (b)
12and amended to read:
SB99,32,1513
218.0114
(10) (b) An agreement, made after a dealer receives notice under
sub.
14(3) (f) 1. s. 218.0116 (7) (a), which waives the dealer's right to file a complaint
15protesting the establishment or relocation of a dealership proposed in the notice.
SB99, s. 79
16Section
79. 218.01 (2) (bs) of the statutes is renumbered 218.0114 (11) and
17amended to read:
SB99,32,2118
218.0114
(11) A manufacturer, distributor or importer shall designate in
19writing the area of sales responsibility assigned to a motor vehicle dealer. A
20manufacturer, distributor or importer may not modify the area of sales responsibility
21to avoid the requirements of
sub. (3) (f) s. 218.0116 (7).
SB99, s. 80
22Section
80. 218.01 (2) (c) 1. of the statutes is renumbered 218.0114 (12) (a) and
23amended to read:
SB99,33,3
1218.0114
(12) (a) Except as provided in
subd. 2. par. (b), all licenses shall be
2granted or refused within 60 days after the licensor receives the application for the
3license.
SB99, s. 81
4Section
81. 218.01 (2) (c) 2. a. of the statutes is renumbered 218.0114 (12) (b)
51.
SB99, s. 82
6Section
82. 218.01 (2) (c) 2. b. of the statutes is renumbered 218.0114 (12) (b)
72. and amended to read:
SB99,33,118
218.0114
(12) (b) 2. In cases where a complaint has been filed under
sub. (3)
9(f) s. 218.0116 (7) protesting the proposed establishment or relocation of a dealership
10in a relevant market area, no license may be issued until the division of hearings and
11appeals has rendered a decision permitting the issuance of the license.
SB99, s. 83
12Section
83. 218.01 (2) (cm) of the statutes is renumbered 218.0114 (13) and
13amended to read:
SB99,33,1514
218.0114
(13) (a) Licenses described in
par. (dr) sub. (16) expire on December
1531 of the calendar year for which the licenses are granted.
SB99,33,1716
(b) The department of transportation shall promulgate rules establishing the
17license period for each type of license described in
par. (d) 1. to 6. sub. (14) (a) to (f).
SB99,33,2018
(c) The department of transportation may promulgate rules establishing
19expiration dates for the various types of licenses described in
par. (d) 1. to 6. sub. (14)
20(a) to (f).
SB99,33,2221
(d) The division of banking shall promulgate rules establishing the license
22period for the license described in
par. (d) 8. sub. (14) (g).
SB99,33,2423
(e) The division of banking may promulgate rules establishing expiration dates
24for licenses issued under
par. (d) 8. sub. (14) (g).
SB99, s. 84
1Section
84. 218.01 (2) (d) (intro.) of the statutes is renumbered 218.0114 (14)
2(intro.) and amended to read: