1999 Wisconsin Act 31

31,93 Section 93. 218.01 (2) (dr) of the statutes is renumbered 218.0114 (16).

31,94 Section 94. 218.01 (2) (e) of the statutes is renumbered 218.0114 (17) and amended to read:

218.0114 (17) The licenses of dealers, manufacturers, factory branches, distributors, distributor branches and sales finance companies shall specify the location of the office or branch and must be conspicuously displayed there at that location. In case such the location be of the office or branch is changed, the licensor shall indorse the change of location on the license, without charge , if it be the new location is within the same municipality as the previous location. A change of location to another municipality shall require a new license, except for sales finance companies.

31,95 Section 95. 218.01 (2) (f) of the statutes is renumbered 218.0114 (18) and amended to read:

218.0114 (18) Every salesperson, factory representative or distributor representative shall carry his or her license when engaged in business, and display the license upon request. The license shall name his or her the licensee's employer, and in case of. Upon leaving an employer, the salesperson licensee shall immediately surrender the license to his or her employer who shall mail the license to the licensor. If during the license period the individual licensee again is employed or acts as a salesperson, he or she shall make application for reissue of a salesperson's license. There shall be no fee in connection with such the subsequent applications.

31,96 Section 96. 218.01 (2) (g) of the statutes is renumbered 218.0114 (19).

31,97 Section 97. 218.01 (2) (h) 1. of the statutes is renumbered 218.0114 (20) (a) and amended to read:

218.0114 (20) (a) If the licensor has reasonable cause to doubt the financial responsibility of the applicant or licensee or the compliance by the applicant or licensee with this section ss. 218.0101 to 218.0163, the licensor may require the applicant or licensee to furnish information relating to the applicant's or licensee's solvency and financial standing.

31,98 Section 98. 218.01 (2) (h) 2. of the statutes is renumbered 218.0114 (20) (b) and amended to read:

218.0114 (20) (b) Provided If the licensor has reasonable cause to doubt the financial responsibility of the applicant or licensee or the compliance by the applicant or licensee with this section ss. 218.0101 to 218.0163, the licensor may require the applicant or licensee to furnish and maintain a bond in the form, amount and with the sureties it approves, but not less than $5,000, nor more than $100,000, conditioned upon the applicant or licensee complying with the statutes applicable to the licensee and as indemnity for any loss sustained by any person by reason of any acts of the licensee constituting grounds for suspension or revocation of the license under this section ss. 218.0101 to 218.0163. The bonds shall be executed in the name of the department of transportation for the benefit of any aggrieved parties; provided, except that the aggregate liability of the surety to all such aggrieved parties shall, in no event, exceed the amount of the bond. The bonding requirements in this subdivision paragraph shall not apply to manufacturers, factory branches, and their agents and is in addition to the bond or letter of credit required of a motor vehicle dealer under par. (bb) 1. sub. (5) (a).

31,99 Section 99. 218.01 (2) (h) 3. of the statutes is renumbered 218.0114 (20) (c) and amended to read:

218.0114 (20) (c) An applicant or licensee furnishing information under subd. 1. par. (a) may designate the information as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The licensor shall notify the applicant or licensee providing the information 15 days before any information designated as a trade secret or as confidential business information is disclosed to the legislature, a state agency, as defined in s. 13.62 (2), a local governmental unit, as defined in s. 605.01 (1), or any other person. The applicant or licensee furnishing the information may seek a court order limiting or prohibiting the disclosure. In such cases,, in which case the court shall weigh the need for confidentiality of the information against the public interest in the disclosure. A designation under this subdivision paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

31,100 Section 100. 218.01 (2) (i) of the statutes is renumbered 218.0114 (21) and amended to read:

218.0114 (21) Application for dealers' licenses shall be submitted to the department of transportation in duplicate and shall contain such information as the licensors require. Application for sales finance company licenses shall contain such information as the division of banking requires. No motor vehicle dealer or sales finance company, unless so licensed, shall be permitted to register or receive or use registration plates under ss. 341.47 to 341.57. The department of transportation shall transmit the duplicate copy of each application for a dealer's license to the division of banking with the fee required under par. (d) 8. sub. (14) (g). The division of banking may not refund the fee required under par. (d) 8. sub. (14) (g). The division of banking shall approve a sales finance company license for a dealer if no prior sales finance company license has been suspended or revoked, and if the applicant meets the requirements of this section ss. 218.0101 to 218.0163 relating to sales finance companies.

31,101 Section 101. 218.01 (2) (ie) of the statutes is renumbered 218.0114 (21e) and amended to read:

218.0114 (21e) (a) In addition to any other information required under this subsection section, an application by an individual for the issuance or renewal of a license described in par. (d) sub. (14) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in par. (d) 1., 2., 3. or 5. sub. (14) (a), (b), (c) or (e) shall include the person's federal employer identification number. The licensor may not disclose any information received under this subdivision paragraph to any person except the department of industry, labor and job development workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(b) The licensor shall deny an application for the issuance or renewal of a license if the information required under subd. 1. par. (a) is not included in the application.

31,102 Section 102. 218.01 (2) (ig) of the statutes is renumbered 218.0114 (21g), and 218.0114 (21g) (a) (intro.) and (b), as renumbered, are amended to read:

218.0114 (21g) (a) (intro.) In addition to any other information required under this subsection section, an application for a license described in par. (dr) sub. (16) shall include the following:

(b) The licensor may not disclose any information received under subd. 1. par. (a) to any person except as follows:

1. The licensor may disclose information under subd. 1. par. (a) to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

2. The licensor may disclose information under subd. 1. a. par. (a) 1. to the department of industry, labor and job development workforce development in accordance with a memorandum of understanding under s. 49.857.

31,103 Section 103. 218.01 (2) (j) of the statutes is renumbered 218.0114 (22) and amended to read:

218.0114 (22) A motor vehicle dealer licensed in accordance with the provisions of this section ss. 218.0101 to 218.0163 shall make reports to the licensor at such intervals and showing such information as the licensor may require.

31,104 Section 104. 218.01 (2) (k) of the statutes is renumbered 218.0114 (23).

31,105 Section 105. 218.01 (2a) (title) of the statutes is renumbered 218.0119 (title).

31,106 Section 106. 218.01 (2a) (a) of the statutes is renumbered 218.0119 (1).

31,107 Section 107. 218.01 (2a) (b) of the statutes is renumbered 218.0119 (2) and amended to read:

218.0119 (2) Whenever a licensed dealer, distributor, manufacturer or transporter opens a new place of business, the licensee shall promptly report such that fact, including the address thereof of the new place of business, to the department of transportation.

31,108 Section 108. 218.01 (2a) (c) of the statutes is renumbered 218.0119 (3) and amended to read:

218.0119 (3) Whenever a licensed dealer, distributor or manufacturer discontinues or disposes of his or her business, such person that dealer, distributor or manufacturer shall promptly report such that fact to the department of transportation and return the license and registration plates issued. Whenever a licensed dealer, distributor or manufacturer discontinues business due to license suspension or revocation, such person that dealer, distributor or manufacturer shall surrender the licenses and registration plates to the department of transportation for such the suspension or revocation period.

31,109 Section 109. 218.01 (2a) (d) of the statutes is renumbered 218.0119 (4) and amended to read:

218.0119 (4) Any dealer, distributor, manufacturer or transporter who fails to comply with the requirements of this subsection section may be fined not more than $200 or imprisoned for not more than 6 months or both.

31,110 Section 110. 218.01 (2c) of the statutes is renumbered 218.0121 and amended to read:

218.0121 Factory stores. A manufacturer, importer or distributor, or a subsidiary thereof of a manufacturer, importer or distributor, shall not own, operate or control a motor vehicle dealership in this state. This subsection section does not prohibit any of the following:

(1) The ownership and operation by a manufacturer, importer or distributor, or a subsidiary thereof of a manufacturer, importer or distributor, of a dealership for a temporary period, not to exceed one year, during the transition from one owner or operator to another.

(2) The ownership or control of a dealership by a manufacturer, importer or distributor, or a subsidiary thereof of a manufacturer, importer or distributor, if the dealership is being sold under a bona fide contract or purchase option to the operator of the dealership, or a contract exists under which the operator of the dealership can expect to acquire full ownership of or a controlling interest in the dealership, and after the transfer of ownership is completed the dealership will no longer be owned, operated or controlled by the manufacturer, importer or distributor, or a subsidiary thereof of the manufacturer, importer or distributor.

(3) The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof of a manufacturer, importer or distributor, which does not meet the conditions under par. (a) or (b) sub. (1) or (2), if the division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor.

31,111 Section 111. 218.01 (2d) of the statutes is renumbered 218.0122 and amended to read:

218.0122 Damages to delivered vehicles. (1) A manufacturer, importer or distributor shall disclose in writing to a motor vehicle dealer, at or before delivery to the dealer, any damage and repair to a new motor vehicle occurring after the manufacturing process is complete but before delivery to the dealer, if the cost of the repair exceeds 6% of the manufacturer's suggested retail price, as measured by retail repair costs. Replacement of glass, tires, bumpers, fenders, moldings, audio equipment, instrument panels, hoods and deck lids with identical manufacturer's original equipment is not considered damage and repair under this paragraph subsection. If a manufacturer, importer or distributor fails to make a disclosure of damage and repair under this paragraph subsection, it shall be liable to the dealer for any liability imposed on the dealer for a failure on the part of the dealer to disclose that damage and repair.

(2) If the cost of repairing damage to a new motor vehicle that occurs before delivery to the dealer's location exceeds 6% of the manufacturer's suggested retail price, as measured by retail repair costs, the dealer may reject or, if title has passed to the dealer, require the manufacturer, importer or distributor who delivered the vehicle to repurchase the vehicle within 10 business days after delivery, unless the damage occurred during shipment and the method of transportation, carrier or transporter of the motor vehicle was designated by the motor vehicle dealer. Upon repurchase, the manufacturer, importer or distributor shall be subrogated to all of the dealer's rights against the carrier or transporter of the motor vehicle regarding damage. The cost of repairing glass, tires, bumpers, moldings and audio equipment with identical manufacturer's original equipment shall not be included in determining the cost of repairing damage under this paragraph subsection.

(3) This subsection section does not apply to motorcycles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.

31,112 Section 112. 218.01 (2f) of the statutes is renumbered 218.0123.

31,113 Section 113. 218.01 (2g) of the statutes is renumbered 218.0124.

31,114 Section 114. 218.01 (2w) (title) of the statutes is renumbered 218.0125 (title).

31,115 Section 115. 218.01 (2w) (a) of the statutes is renumbered 218.0125 (1) and amended to read:

218.0125 (1) In this subsection section, "dealer cost" means the wholesale cost for a part as listed in the manufacturer's, importer's or distributor's current price schedules or, if the part is not so listed, the dealer's original invoice cost for the part.

31,116 Section 116. 218.01 (2w) (b) of the statutes is renumbered 218.0125 (2).

31,117 Section 117. 218.01 (2w) (c) of the statutes is renumbered 218.0125 (3) and amended to read:

218.0125 (3) To be eligible for compensation for parts under par. (b) sub. (2), a dealer shall notify the manufacturer, importer or distributor in writing of the amounts that the dealer charges its other retail service customers for parts and request that it be paid for parts in accordance with this subsection section. The notice may be limited to the dealer's average markup over dealer cost that the dealer charges its other retail service customers for parts used to perform similar work. The notice shall be served upon the manufacturer, importer or distributor not less than 30 days before the date on which the dealer requests that the manufacturer, importer or distributor begin paying the dealer for parts at the stated amounts. The manufacturer, importer or distributor shall pay the dealer, as provided in this subsection section, at the amounts stated in the dealer notice for parts used in work performed on and after the beginning date stated in the notice.

31,118 Section 118. 218.01 (2w) (d) of the statutes is renumbered 218.0125 (4).

31,119 Section 119. 218.01 (2w) (e) of the statutes is renumbered 218.0125 (5) and amended to read:

218.0125 (5) A manufacturer, importer or distributor who fails to compensate a dealer for parts at an amount not less than the amount the dealer charges its other retail service customers for parts used to perform similar work shall not be found to have violated this subsection section if the manufacturer, importer or distributor shows that the amount is not reasonably competitive to the amounts charged to retail service customers by other similarly situated franchised motor vehicle dealers in this state for the same parts when used by those dealers to perform similar work.

31,120 Section 120. 218.01 (2w) (f) of the statutes is renumbered 218.0125 (6) and amended to read:

218.0125 (6) If a manufacturer, importer or distributor furnishes a part to a dealer at no cost for use by the dealer in performing work for which the manufacturer, importer or distributor is required to compensate the dealer under this subsection section, the manufacturer, importer or distributor shall compensate the dealer for the part at an amount not less than the amount the dealer charges its other retail customers for parts when used to perform similar work less the wholesale cost for such the furnished part as listed in the manufacturer's current price schedules. A manufacturer, importer or distributor may pay the dealer a reasonable handling fee instead of the compensation otherwise required by this subsection section for special high-performance complete engine assemblies furnished to the dealer at no cost, provided that the manufacturer, importer or distributor excludes special high-performance complete engine assemblies in determining whether the amounts requested in the dealer's notice are consistent with the amounts that the dealer charges its other retail service customers for parts used by the dealer to perform similar work.

31,121 Section 121. 218.01 (2w) (g) of the statutes is renumbered 218.0125 (7) and amended to read:

218.0125 (7) A claim made by a franchised motor vehicle dealer for compensation under this subsection section shall be either approved or disapproved within 30 days after the claim is submitted to the manufacturer, importer or distributor in the manner and on the forms the manufacturer, importer or distributor reasonably prescribes. An approved claim shall be paid within 30 days after its approval; and, if. If a claim is not specifically disapproved in writing or by electronic transmission within 30 days after the date on which the manufacturer, importer or distributor receives it, the claim shall be considered to be approved and payment shall follow within 30 days. A manufacturer, importer or distributor retains the right to audit claims for a period of one year after the date on which the claim is paid and to charge back any amounts paid on claims that are false or unsubstantiated. If there is evidence of fraud, this paragraph subsection does not limit the right of the manufacturer to audit for longer periods and charge back for any fraudulent claim, subject to the limitations period under s. 893.93 (1) (b).

31,122 Section 122. 218.01 (2x) of the statutes is renumbered 218.0126 and amended to read:

218.0126 Promotional allowances. A claim made by a franchised motor vehicle dealer for promotional allowances or other incentive payments shall be either approved or disapproved within 30 days after the claim is submitted to the manufacturer, importer or distributor in the manner and on the forms the manufacturer, importer or distributor reasonably prescribes. An approved claim shall be paid within 30 days after its approval; and, if. If a claim is not specifically disapproved in writing or by electronic transmission within 30 days after the date on which the manufacturer, importer or distributor receives it, the claim shall be considered to be approved and payment shall follow within 30 days after approval. A manufacturer, importer or distributor retains the right to audit a claim for a period of 2 years after the date on which the claim is paid and to charge back any amounts paid on claims that are false or unsubstantiated. If there is evidence of fraud, this subsection section does not limit the right of the manufacturer to audit for longer periods and charge back for any fraudulent claim, subject to the limitations period under s. 893.93 (1) (b).

31,123 Section 123. 218.01 (3) (title) of the statutes is renumbered 218.0116 (title).

31,124 Section 124. 218.01 (3) (a) (intro.) of the statutes is renumbered 218.0116 (1) (intro.).

31,125 Section 125. 218.01 (3) (a) 1. of the statutes is renumbered 218.0116 (1) (a).

31,126 Section 126. 218.01 (3) (a) 2. of the statutes is renumbered 218.0116 (1) (am).

31,127 Section 127. 218.01 (3) (a) 3. of the statutes is renumbered 218.0116 (1) (b).

31,128 Section 128. 218.01 (3) (a) 4. of the statutes is renumbered 218.0116 (1) (bm) and amended to read:

218.0116 (1) (bm) Wilful failure to comply with any provision of this section ss. 218.0101 to 218.0163 or any rule or regulation promulgated by the licensor under this section ss. 218.0101 to 218.0163.

31,129 Section 129. 218.01 (3) (a) 5. of the statutes is renumbered 218.0116 (1) (c).

31,130 Section 130. 218.01 (3) (a) 6. of the statutes is renumbered 218.0116 (1) (cm).

31,131 Section 131. 218.01 (3) (a) 7. of the statutes is renumbered 218.0116 (1) (d).

31,132 Section 132. 218.01 (3) (a) 8. of the statutes is renumbered 218.0116 (1) (dm).

31,133 Section 133. 218.01 (3) (a) 9. of the statutes is renumbered 218.0116 (1) (e).

31,134 Section 134. 218.01 (3) (a) 10. and 11. of the statutes are renumbered 218.0116 (1) (em) and (f) and amended to read:

218.0116 (1) (em) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts or consumer leases and the redemption and resale or subsequent lease of such the retaken goods.

(f) Having indulged engaged in any unconscionable practice relating to said the licensed business activity.

Note: Inserts specific references and preferred term. Section 218.01 (3) (a) which was contained in the original s. 218.01, created by Chapter 474 of the Laws of 1933, has never contained an antecedent to the "said business" in subd. 11.

31,135 Section 135. 218.01 (3) (a) 12. of the statutes is renumbered 218.0116 (1) (fm).

31,136 Section 136. 218.01 (3) (a) 13. of the statutes is renumbered 218.0116 (1) (g) and amended to read:

218.0116 (1) (g) Having sold a retail instalment contract or consumer lease to a sales finance company that is not licensed hereunder under ss. 218.0101 to 218.0163.

31,137 Section 137. 218.01 (3) (a) 14. of the statutes is renumbered 218.0116 (1) (gm).

31,138 Section 138. 218.01 (3) (a) 15. of the statutes is renumbered 218.0116 (1) (h) and amended to read:

218.0116 (1) (h) Being a manufacturer, importer or distributor who has coerced or attempted to coerce any motor vehicle dealer to order any commodity or service or to accept delivery of or pay for any commodity or service that the motor vehicle dealer has not ordered. This subdivision paragraph does not modify or prohibit reasonable requirements in a franchise agreement that require a dealer to market and service a representative line of new motor vehicles that the manufacturer, importer or distributor is publicly advertising.

31,139 Section 139. 218.01 (3) (a) 16. of the statutes is renumbered 218.0116 (1) (hm) and amended to read:

218.0116 (1) (hm) Being a manufacturer of motor vehicles, factory branch, distributor, field representative, officer, agent or any representative whatsoever of such a motor vehicle manufacturer or factory branch, who has attempted to induce or coerce, or has induced or coerced, any motor vehicle dealer to enter into any agreement with such the manufacturer, factory branch or representative thereof of the motor vehicle manufacturer or factory branch, or to do any other act unfair to said the dealer, by threatening to cancel any franchise existing between such the manufacturer, factory branch or representative thereof of the motor vehicle manufacturer or factory branch and said the dealer.

31,140 Section 140. 218.01 (3) (a) 17. of the statutes is renumbered 218.0116 (1) (i) 2. and amended to read:

218.0116 (1) (i) 2. Subject to sub. (3n) s. 218.0132, being a manufacturer, importer or distributor who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any motor vehicle dealer; or being a manufacturer or importer, who has unfairly, without due regard to the equities or without just provocation, directly or indirectly canceled or failed to renew the franchise of any distributor. If there is a change in a manufacturer, importer or distributor, a motor vehicle dealer's franchise granted by the former manufacturer, importer or distributor shall continue in full force and operation under the new manufacturer, importer or distributor unless a mutual agreement of cancellation is filed with the department of transportation between the new manufacturer, importer or distributor and the dealer. In this subdivision, "due regard to the equities" means treatment in enforcing an agreement that is fair and equitable to a motor vehicle dealer or distributor and that is not discriminatory compared to similarly situated dealers or distributors; and "just provocation" means a material breach by a motor vehicle dealer or distributor, due to matters within the dealer's or distributor's control, of a reasonable and necessary provision of an agreement and the breach is not cured within a reasonable time after written notice of the breach has been received from the manufacturer, importer or distributor.

Note: The stricken definitions are recreated by this bill as s. 218.0116 (1) (i) 1. for proper location according to current style.

31,141 Section 141. 218.01 (3) (a) 18. of the statutes is renumbered 218.0116 (1) (im) 2. and amended to read:

218.0116 (1) (im) 2. Having accepted an order or contract of purchase from a buyer or a consumer lease or prelease agreement from a lessee or prospective lessee if such the arrangement results in the practice of bushing. For the purpose of this section, "bushing" means, with respect to an order or contract of purchase, the practice of increasing the selling price of a motor vehicle above that originally quoted the purchaser as evidenced by a purchase order or contract which has been signed by both the purchaser and dealer licensee and, with respect to a consumer lease or prelease agreement, the practice of increasing the gross capitalized cost above that originally quoted the lessee or prospective lessee as evidenced by a consumer lease or prelease agreement which has been signed by both the lessee or prospective lessee and the dealer licensee.

Note: The stricken definition is recreated by this bill as s. 218.0116 (1) (im) 1. by this bill for proper location according to current style.