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:
SB99,34,53
218.0114
(14) (intro.) Subject to
par. (dm) sub. (15), the fee for licenses
4described in this
paragraph subsection equals the number of years in a license period
5multiplied by whichever of the following applies:
SB99, s. 85
6Section
85. 218.01 (2) (d) 1. of the statutes is renumbered 218.0114 (14) (a) and
7amended to read:
SB99,34,118
218.0114
(14) (a) For motor vehicle dealers, to the department of
9transportation, $20 for each office or branch
thereof
of the motor vehicle dealer, plus
10$1 for a supplemental license for each used motor vehicle lot within the same
11municipality, but not immediately adjacent to the office or to a branch.
SB99, s. 86
12Section
86. 218.01 (2) (d) 2. of the statutes is renumbered 218.0114 (14) (b).
SB99, s. 87
13Section
87. 218.01 (2) (d) 3. of the statutes is renumbered 218.0114 (14) (c).
SB99, s. 88
14Section
88. 218.01 (2) (d) 4. of the statutes is renumbered 218.0114 (14) (d) and
15amended to read:
SB99,34,1716
218.0114
(14) (d) Any person licensed under
subd. 2. or 3. next preceding, par.
17(b) or (c) may also operate as a motor vehicle dealer, without any additional fee.
SB99, s. 89
18Section
89. 218.01 (2) (d) 5. of the statutes is renumbered 218.0114 (14) (e).
SB99, s. 90
19Section
90. 218.01 (2) (d) 6. of the statutes is renumbered 218.0114 (14) (f).
SB99, s. 91
20Section
91. 218.01 (2) (d) 8. of the statutes is renumbered 218.0114 (14) (g) and
21amended to read:
SB99,34,2322
218.0114
(14) (g) 1. Except as provided in subd.
8. b. 2., for motor vehicle
23dealers, to the division of banking, $10.
SB99,35,224
2. For motor vehicle dealers that operate as a sales finance company or that
25carry or retain retail instalment contracts or consumer leases for more than 30 days,
1to the division of banking, the same as for sales finance companies under
par. (dr) 2sub. (16).
SB99, s. 92
3Section
92. 218.01 (2) (dm) of the statutes is renumbered 218.0114 (15) and
4amended to read:
SB99,35,85
218.0114
(15) (a) If the department of transportation or division of banking
6establishes a license period that is not evenly divisible into years, the department of
7transportation or division of banking shall prorate the remainder when determining
8the license fee under
par. (d) sub. (14).
SB99,35,159
(b) If the department of transportation or division of banking grants a license
10described under
par. (d) sub. (14) during the license period, the fee for the license
11shall equal the applicable dollar amount under
par. (d) 1. to 8. sub. (14) (a) to (g) 12multiplied by the number of calendar years, including parts of calendar years, during
13which the license remains in effect. A fee determined under this
subdivision 14paragraph may not exceed the license fee for an entire license period under
par. (d) 15sub. (14).
SB99, s. 93
16Section
93. 218.01 (2) (dr) of the statutes is renumbered 218.0114 (16).
SB99, s. 94
17Section
94. 218.01 (2) (e) of the statutes is renumbered 218.0114 (17) and
18amended to read:
SB99,36,219
218.0114
(17) The licenses of dealers, manufacturers, factory branches,
20distributors, distributor branches and sales finance companies shall specify the
21location of the office or branch and must be conspicuously displayed
there at that
22location. In case
such the location
be of the office or branch is changed, the licensor
23shall indorse the change of location on the license
, without charge
, if
it be the new
24location is within the same municipality
as the previous location. A change of
1location to another municipality shall require a new license, except for sales finance
2companies.
SB99, s. 95
3Section
95. 218.01 (2) (f) of the statutes is renumbered 218.0114 (18) and
4amended to read:
SB99,36,125
218.0114
(18) Every salesperson, factory representative or distributor
6representative shall carry his or her license when engaged in business, and display
7the license upon request. The license shall name
his or her the licensee's employer
,
8and in case of. Upon leaving an employer, the
salesperson licensee shall immediately
9surrender the license to his or her employer who shall mail the license to the licensor.
10If during the license period the
individual licensee again is employed or acts as a
11salesperson, he or she shall make application for reissue of a salesperson's license.
12There shall be no fee in connection with
such the subsequent applications.
SB99, s. 96
13Section
96. 218.01 (2) (g) of the statutes is renumbered 218.0114 (19).
SB99, s. 97
14Section
97. 218.01 (2) (h) 1. of the statutes is renumbered 218.0114 (20) (a) and
15amended to read:
SB99,36,2016
218.0114
(20) (a) If the licensor has reasonable cause to doubt the financial
17responsibility of the applicant or licensee or the compliance by the applicant or
18licensee with
this section ss. 218.0101 to 218.0163, the licensor may require the
19applicant or licensee to furnish information relating to the applicant's or licensee's
20solvency and financial standing.
SB99, s. 98
21Section
98. 218.01 (2) (h) 2. of the statutes is renumbered 218.0114 (20) (b) and
22amended to read:
SB99,37,1223
218.0114
(20) (b)
Provided If the licensor has reasonable cause to doubt the
24financial responsibility of the applicant or licensee or the compliance by the
25applicant or licensee with
this section ss. 218.0101 to 218.0163, the licensor may
1require the applicant or licensee to furnish and maintain a bond in the form, amount
2and with the sureties it approves, but not less than $5,000, nor more than $100,000,
3conditioned upon the applicant or licensee complying with the statutes applicable to
4the licensee and as indemnity for any loss sustained by any person by reason of any
5acts of the licensee constituting grounds for suspension or revocation of the license
6under
this section ss. 218.0101 to 218.0163. The bonds shall be executed in the name
7of the department of transportation for the benefit of any aggrieved parties
;
8provided, except that the aggregate liability of the surety to all
such aggrieved 9parties shall, in no event, exceed the amount of the bond. The bonding requirements
10in this
subdivision paragraph shall not apply to manufacturers, factory branches,
11and their agents and is in addition to the bond or letter of credit required of a motor
12vehicle dealer under
par. (bb) 1. sub. (5) (a).
SB99, s. 99
13Section
99. 218.01 (2) (h) 3. of the statutes is renumbered 218.0114 (20) (c) and
14amended to read:
SB99,38,315
218.0114
(20) (c) An applicant or licensee furnishing information under
subd.
161. par. (a) may designate the information as a trade secret, as defined in s. 134.90 (1)
17(c), or as confidential business information. The licensor shall notify the applicant
18or licensee providing the information 15 days before any information designated as
19a trade secret or as confidential business information is disclosed to the legislature,
20a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s.
21605.01 (1), or any other person. The applicant or licensee furnishing the information
22may seek a court order limiting or prohibiting the disclosure
. In such cases,, in which
23case the court shall weigh the need for confidentiality of the information against the
24public interest in the disclosure. A designation under this
subdivision paragraph 25does not prohibit the disclosure of a person's name or address, of the name or address
1of a person's employer or of financial information that relates to a person when
2requested under s. 49.22 (2m) by the department of workforce development or a
3county child support agency under s. 59.53 (5).
SB99, s. 100
4Section
100. 218.01 (2) (i) of the statutes is renumbered 218.0114 (21) and
5amended to read:
SB99,38,186
218.0114
(21) Application for dealers' licenses shall be submitted to the
7department of transportation in duplicate and shall contain such information as the
8licensors require. Application for sales finance company licenses shall contain such
9information as the division of banking requires. No motor vehicle dealer or sales
10finance company, unless so licensed, shall be permitted to register or receive or use
11registration plates under ss. 341.47 to 341.57. The department of transportation
12shall transmit the duplicate copy of each application for a dealer's license to the
13division of banking with the fee required under
par. (d) 8. sub. (14) (g). The division
14of banking may not refund the fee required under
par. (d) 8. sub. (14) (g). The division
15of banking shall approve a sales finance company license for a dealer if no prior sales
16finance company license has been suspended or revoked, and if the applicant meets
17the requirements of
this section ss. 218.0101 to 218.0163 relating to sales finance
18companies.
SB99, s. 101
19Section
101. 218.01 (2) (ie) of the statutes is renumbered 218.0114 (21e) and
20amended to read:
SB99,39,521
218.0114
(21e) (a) In addition to any other information required under this
22subsection section, an application by an individual for the issuance or renewal of a
23license described in
par. (d) sub. (14) shall include the individual's social security
24number and an application by a person who is not an individual for the issuance or
25renewal of a license described in
par. (d) 1., 2., 3. or 5. sub. (14) (a), (b), (c) or (e) shall
1include the person's federal employer identification number. The licensor may not
2disclose any information received under this
subdivision paragraph to any person
3except the department of
industry, labor and job development workforce
4development for purposes of administering s. 49.22 or the department of revenue for
5the sole purpose of requesting certifications under s. 73.0301.
SB99,39,86
(b) The licensor shall deny an application for the issuance or renewal of a
7license if the information required under
subd. 1.
par. (a) is not included in the
8application.
SB99, s. 102
9Section
102. 218.01 (2) (ig) of the statutes is renumbered 218.0114 (21g), and
10218.0114 (21g) (a) (intro.) and (b), as renumbered, are amended to read:
SB99,39,1311
218.0114
(21g) (a) (intro.) In addition to any other information required under
12this
subsection section, an application for a license described in
par. (dr) sub. (16)
13shall include the following:
SB99,39,1514
(b) The licensor may not disclose any information received under
subd. 1. par.
15(a) to any person except as follows:
SB99,39,1816
1. The licensor may disclose information under
subd. 1. par. (a) to the
17department of revenue for the sole purpose of requesting certifications under s.
1873.0301.
SB99,39,2119
2. The licensor may disclose information under
subd. 1. a. par. (a) 1. to the
20department of
industry, labor and job development
workforce development in
21accordance with a memorandum of understanding under s. 49.857.
SB99, s. 103
22Section
103. 218.01 (2) (j) of the statutes is renumbered 218.0114 (22) and
23amended to read:
SB99,40,3
1218.0114
(22) A motor vehicle dealer licensed in accordance with the provisions
2of
this section ss. 218.0101 to 218.0163 shall make reports to the licensor at such
3intervals and showing such information as the licensor may require.