AB150-ASA,1747,32
218.01
(3) (a) 36. a. Fails to notify the department
of transportation of any
3revision or addition to an agreement as required under sub. (2) (bd) 1.
AB150-ASA, s. 5871
4Section
5871. 218.01 (3) (a) 36. b. of the statutes is amended to read:
AB150-ASA,1747,75
218.01
(3) (a) 36. b. Fails to revise or remove portions of an agreement that the
6department
of transportation declares to contain provisions which are inconsistent
7with sub. (2) (bm).
AB150-ASA,1747,179
218.01
(3) (bf) 1. The department
of transportation shall not license as a dealer
10an applicant for the sale of motor vehicles at retail unless such applicant owns or
11leases a vehicle display lot and a permanent building wherein there are facilities to
12display automobiles and motorcycles and facilities to repair functional and
13nonfunctional parts of motor vehicles and where replacement parts, repair tools and
14equipment to service motor vehicles are kept, and at which place of business shall
15be kept and maintained the books, records and files necessary to conduct the
16business. A residence, tent or temporary stand is not a sufficiently permanent place
17of business within the meaning of this paragraph.
AB150-ASA,1747,2519
218.01
(3) (c) 3. Matters involving suspensions or revocations brought before
20the department
of transportation shall be heard and decided upon by the division of
21hearings and appeals. If the department
of transportation requests the division of
22hearings and appeals to hear a matter brought before the department
of
23transportation under subd. 2., the division of hearings and appeals shall hear and
24decide the matter within 30 days after the date of the
department's department of
25transportation's request.
AB150-ASA,1748,212
218.01
(3) (f) 1. A manufacturer, importer or distributor who seeks to enter into
3a franchise agreement establishing or relocating a motor vehicle dealership, parts
4outlet or service outlet within the relevant market area of an existing enfranchised
5dealer of the line make of motor vehicle shall first notify in writing the department
6of transportation and each such existing enfranchised dealer of its intention to
7establish or relocate a dealership or outlet. Within 30 days of receiving the notice or
8within 30 days after the end of any appeal procedure provided by the manufacturer,
9importer or distributor, whichever is later, any existing enfranchised dealer of the
10same line make to whom the manufacturer, importer or distributor is required to give
11notice under this subdivision may file with the department
of transportation and the
12division of hearings and appeals a complaint protesting the proposed establishment
13or relocation of the dealership or outlet within the relevant market area of the
14existing enfranchised dealer. If a complaint is filed, the department
of
15transportation shall inform the manufacturer, importer or distributor that a timely
16complaint has been filed, that a hearing is required, and that the proposed franchise
17agreement may not be entered into until the division of hearings and appeals has
18held a hearing, nor thereafter, if the division of hearings and appeals determines that
19there is good cause for not permitting the proposed establishment or relocation of the
20dealership or outlet. In the event of multiple complaints, hearings shall be
21consolidated to expedite the disposition of the issue.
AB150-ASA,1749,1023
218.01
(3) (fm) 1. A manufacturer or distributor may not modify a motor vehicle
24dealer agreement during the term of the agreement or upon its renewal if the
25modification substantially and adversely affects the motor vehicle dealer's rights,
1obligations, investment or return on investment without giving 60 days written
2notice of the proposed modification to the motor vehicle dealer unless the
3modification is required by law, court order or the licensor. Within the 60-day notice
4period the motor vehicle dealer may file with the department
of transportation and
5the division of hearings and appeals and serve upon the respondent a complaint for
6a determination of whether there is good cause for permitting the proposed
7modification. The division of hearings and appeals shall promptly schedule a
8hearing and decide the matter. Multiple complaints pertaining to the same proposed
9modification shall be consolidated for hearing. The proposed modification may not
10take effect pending the determination of the matter.
AB150-ASA,1749,1512
218.01
(3) (g) Any person in interest aggrieved by a decision of the division of
13hearings and appeals may have a review thereof as provided in ch. 227 or aggrieved
14by an order of the
commissioner division of banking may have a review thereof as
15provided in s. 220.037.
AB150-ASA,1749,2217
218.01
(3) (h) In addition to the licensor's authority to deny, suspend or revoke
18a license under this section, the
commissioner division of banking, after public
19hearing, may issue a special order enjoining any licensee from engaging in any act
20or practice which is determined by the
commissioner
division of banking to be in
21violation of any provision of par. (a), and the division of hearings and appeals may
22be petitioned to issue such a special order after notice and hearing thereon.
AB150-ASA, s. 5878
23Section
5878. 218.01 (3a) (title) of the statutes is amended to read:
AB150-ASA,1749,2524
218.01
(3a) (title)
When department to revoke Revocation of license of
25dealer, distributor, manufacturer, or transporter.
AB150-ASA,1750,72
218.01
(3a) (a) If a dealer, distributor or manufacturer is convicted under s.
3341.55 (1) a second or subsequent time within the same registration year, the
4department
of transportation shall revoke the license of such dealer, distributor or
5manufacturer for a period not to exceed one year. For the purposes of this paragraph,
6the conviction of the employe of a dealer, distributor or manufacturer shall be
7counted as a conviction of the employer.
AB150-ASA,1750,119
218.01
(3a) (b) If a transporter is convicted under s. 341.55 (3) a 2nd or
10subsequent time within the same license period, the department
of transportation 11shall revoke the license of such transporter for a period not to exceed one year.
AB150-ASA,1750,1813
218.01
(3a) (c) A dealer, distributor, manufacturer or transporter whose license
14has been revoked shall forthwith surrender its registration plates to a traffic officer
15or peace officer designated by the department
of transportation. A dealer,
16distributor, manufacturer or transporter who fails to return the plates as required
17by this subsection may be fined not more than $200 or imprisoned not more than 6
18months or both.
AB150-ASA,1751,1020
218.01
(3c) (c) If a manufacturer, factory branch or distributor believes it has
21good cause for refusing to honor the succession to the ownership and operation of a
22dealership by a family member of a deceased or incapacitated dealer under the
23existing franchise agreement, such manufacturer, factory branch or distributor may,
24within 30 days of receipt of notice of the designated family member's intent to
25succeed the dealer in the ownership and operation of the dealership, serve upon such
1designated family member and the department
of transportation notice of its refusal
2to honor the succession and of its intent to discontinue the existing franchise
3agreement with the dealership no sooner than 60 days from the date such notice is
4served. Such notice shall state the specific grounds for the refusal to honor the
5succession and the discontinuance of the franchise agreement. If no notice of such
6refusal and discontinuance is timely served upon the family member and
7department
of transportation, or if the division of hearings and appeals rules in favor
8of the complainant in a hearing held under par. (d), the franchise agreement shall
9continue in effect subject to termination only in the manner prescribed in this
10subchapter.
AB150-ASA,1752,512
218.01
(3c) (d) Any designated family member who receives a notice of the
13manufacturer's, factory branch's or distributor's refusal to honor his or her
14succession to the ownership and operation of the dealership may, within the 60-day
15notice period, serve on the respondent and file in triplicate with the division of
16hearings and appeals a verified complaint for a hearing and determination by the
17division of hearings and appeals on whether good cause exists for such refusal and
18discontinuance. The division of hearings and appeals shall forward a copy of the
19complaint to the department
of transportation. The manufacturer, factory branch
20or distributor shall have the burden of establishing good cause for such refusal by
21showing that the succession would be detrimental to the public interest or to the
22representation of the manufacturer, factory branch or distributor. The franchise
23agreement shall continue in effect until the final determination of the issues raised
24in such complaint. If the complainant prevails he or she shall have a cause of action
25against the defendant for reasonable expenses and attorney fees incurred in such
1matter. If the manufacturer, factory branch or distributor prevails, the division of
2hearings and appeals shall include in its order approving the termination of the
3franchise agreement such conditions as are reasonable and adequate to afford the
4complainant an opportunity to receive fair and reasonable compensation for the
5value of the dealership.
AB150-ASA,1752,187
218.01
(3x) (b) 1. If a motor vehicle dealer's agreement with an affected grantor
8requires the grantor's prior approval of an action proposed to be undertaken by the
9dealer under this subsection, a dealer may not voluntarily change its ownership or
10executive management, transfer its dealership assets to another person, add another
11franchise at the same location as its existing franchise or relocate a franchise without
12giving prior written notice of the proposed action to the affected grantor and to the
13department
of transportation. Within 20 days after receiving the notice, the affected
14grantor may serve the dealer with a written list of the information not already known
15or in the possession of the grantor that is reasonably necessary in order for the
16grantor to determine whether the proposed action should be approved. The grantor
17shall, in good faith, confirm in writing to the dealer the date on which it has received
18from the dealer or from other sources all the information specified on the list.
AB150-ASA,1753,920
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
21action shall, within 30 days after receiving the dealer's written notice of the proposed
22action or within 30 days after receiving all the information specified in a written list
23served on the dealer under subd. 1., whichever is later, file with the department
of
24transportation and serve upon the dealer a written statement of the reasons for its
25disapproval. The reasons given for the disapproval or any explanation of those
1reasons by the manufacturer, distributor or importer shall not subject the
2manufacturer, distributor or importer to any civil liability unless the reasons given
3or explanations made are malicious and published with the sole intent to cause harm
4to the dealer or a transferee of the dealer. Failure to file and serve a statement within
5the applicable period shall, notwithstanding the terms of any agreement, constitute
6approval of the proposed action by the grantor. If an affected grantor files a written
7statement within the applicable period, the dealer may not voluntarily undertake
8the proposed action unless it receives an order permitting it to do so from the office
9of the commissioner of transportation under par. (c) 2.
AB150-ASA,1753,1711
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
12grantor under subd. 2 may file with the department
of transportation and the office
13of the commissioner of transportation and serve upon the affected grantor a
14complaint for the determination of whether there is good cause for permitting the
15proposed action to be undertaken. The office of the commissioner of transportation
16shall promptly schedule a hearing and decide the matter. The proposed action may
17not be undertaken pending the determination of the matter.
AB150-ASA,1754,219
218.01
(5) (b) 1. The
commissioner
division of banking, department
of
20transportation and division of hearings and appeals shall have the power in hearings
21arising under this chapter to determine the place, in this state, where they shall be
22held; to subpoena witnesses and documents; to take and permit the taking of
23depositions of witnesses residing in or outside of this state and to otherwise permit
24the discovery and preservation of evidence before hearing, in the manner provided
25for in civil actions in courts of record; to pay such witnesses the fees and mileage for
1their attendance as is provided for witnesses in civil actions in courts of record; and
2to administer oaths.
AB150-ASA,1754,164
218.01
(5) (b) 3. A person providing information under this paragraph may
5request that the information be designated as a trade secret, as defined in s. 134.90
6(1) (c), or as confidential business information. The
commissioner, division of
7hearings and appeals or licensor shall approve the designation if the person
8providing the information demonstrates that the release of the information would
9adversely affect the person's competitive position. At least 15 days before any
10information designated as a trade secret or as confidential business information is
11disclosed to any other person, the
commissioner, division of hearings and appeals or
12licensor shall notify the person providing the information. The person providing the
13information may seek a court order limiting or prohibiting the disclosure. In such
14cases, the court shall weigh the need for confidentiality of the information against
15the public interest in disclosure. Confidentiality is waived if the person providing
16the information consents in writing to disclosure.
AB150-ASA, s. 5889
17Section
5889. 218.01 (6) (b) (intro.) of the statutes is amended to read:
AB150-ASA,1755,818
218.01
(6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller
19shall deliver to the buyer a written statement describing clearly the motor vehicle
20sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount
21credited the buyer for any trade-in and a description of the trade-in, the cost to the
22retail buyer of any insurance, the amount financed which may include the cost of
23insurance, sales and use taxes, the amount of the finance charge, the amount of any
24other charge specifying its purpose, the total of payments due from the buyer, the
25terms of the payment of such total, the amount and date of each payment necessary
1finally to pay the total and a summary of any insurance coverage to be effected. The
2commissioner division of banking may determine the form of the statement. If a
3written order is taken from a prospective purchaser in connection with any
4instalment sale, the written statement shall be given to the purchaser prior to or
5concurrent with the signing of the order by the purchaser. The finance charge in a
6retail instalment sale made prior to April 6, 1980, however computed, excluding the
7cost of insurance shall not exceed the amount computed on the basis of the following
8annual percentage rates:
AB150-ASA,1755,1410
218.01
(6) (em) In event the dealer shall finance the instalment sale contract,
11the
commissioner division of banking may permit the dealer to combine the
12information required by pars. (b) and (e) last above in one statement under such rules
13and regulations as the
commissioner division of banking may from time to time
14prescribe.
AB150-ASA,1755,2416
218.01
(7a) (a) A motor vehicle may not be offered for sale by any motor vehicle
17dealer or motor vehicle salesperson unless the mileage on the motor vehicle is
18disclosed in writing by the transferor on the certificate of title or on a form authorized
19by the department
of transportation to reassign the title to the dealer and the
20disclosure is subsequently shown to the retail purchaser by the dealer or salesperson
21prior to sale. The department
of transportation may promulgate rules to exempt
22types of motor vehicles from this mileage disclosure requirement and shall
23promulgate rules for making the disclosure requirement on a form other than the
24certificate of title.
AB150-ASA,1756,7
1218.01
(7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle
2salesperson to fail to provide, upon request of a prospective purchaser, the name and
3address of the most recent titled owner and of all subsequent nontitled owners,
4unless exempted from this requirement by rule of the department
of transportation,
5of any motor vehicle offered for sale. If the most recent titled owner of the motor
6vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the
7name and address of the previous titled owner.
AB150-ASA,1756,259
218.01
(7b) Purchase of motor vehicle by minor. No minor shall purchase any
10motor vehicle unless the minor, at the time of purchase, submits to the seller a
11statement verified before a person authorized to administer oaths and made and
12signed by either parent of the purchaser, if such parent has custody of the minor or,
13if neither parent has custody, then by the person having custody, setting forth that
14the purchaser has consent to purchase the vehicle. The signature on the statement
15shall not impute any liability for the purchase price of the motor vehicle to the
16consenting person. The statement shall not adversely affect any other arrangement
17for the assumption of liability for the purchase price which the consenting person
18may make. The signed statement shall accompany the application for a certificate
19of title and shall be filed by the department
of transportation with the application.
20Failure to obtain the consent or to forward it with the application for a certificate of
21title shall not void the contract of sale of a motor vehicle in the hands of an innocent
22holder, without notice, for value and in the ordinary course of business. Any person
23who sells a motor vehicle to a minor with knowledge of such fact without procuring
24such a statement may be fined not more than $200 or imprisoned not more than 6
25months or both.
AB150-ASA,1757,33
218.02
(1) (d) "Division" means the division of banking.
AB150-ASA,1757,105
218.02
(2) (a) Each adjustment service company shall apply to the
6commissioner of banking division for a license to engage in such business.
7Application for a separate license for each office of a company to be operated under
8this section shall be made to the
commissioner division in writing, under oath, in a
9form to be prescribed by the
commissioner division. The
commissioner division may
10issue more than one license to the same licensee.
AB150-ASA,1757,1712
218.02
(2) (b) At the time of making application and before engaging in
13business, every applicant for an adjustment service company license shall pay a
14nonrefundable $200 fee
of $100 to the commissioner for investigating the application
15and
the sum of $100 as an a $200 annual license fee. If the cost of an investigation
16exceeds
$100 $200, the applicant shall, upon demand of the commissioner, pay the
17excess cost. No investigation fee shall be required on the renewal of a license.
AB150-ASA, s. 5898
18Section
5898
. 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is amended to read:
AB150-ASA,1757,2520
218.02
(2) (b) At the time of making application and before engaging in
21business, every applicant for an adjustment service company license shall pay a
22nonrefundable $200 fee to the
commissioner division for investigating the
23application and a $200 annual license fee. If the cost of an investigation exceeds
24$200, the applicant shall, upon demand of the
commissioner division, pay the excess
25cost. No investigation fee shall be required on the renewal of a license.
AB150-ASA,1758,62
218.02
(2) (c) The
commissioner division may require any licensee either before
3or after the issuance of the license to file and maintain in force a bond in a form to
4be prescribed by and acceptable to the
commissioner
division, in such sum as the
5commissioner division may deem necessary to safeguard the interest of the
6borrowers and the public, not exceeding, however, the sum of $5,000.
AB150-ASA,1758,118
218.02
(3) Conditions of the issuance of licenses. (intro.) The
commissioner 9division shall issue a license to the applicant to conduct such business at the office
10specified in the application in accordance with the provisions of this section, if the
11commissioner division shall find:
AB150-ASA,1758,1813
218.02
(4) Order denying application. If the
commissioner division is not
14satisfied as to all of the matters specified in sub. (3) the
commissioner division shall
15enter a special order denying the application for a license and shall return the
16applicant's license fee. The
commissioner division shall make findings of fact as part
17of and in support of the
commissioner's division's order denying any application for
18a license.
AB150-ASA,1759,220
218.02
(5) (b) Whenever a licensee shall contemplate a change of the licensee's
21place of business to another location within the same city, village or town, the
22licensee shall give written notice thereof to the
commissioner, who division, which 23shall attach to the license the
commissioner's division's authorization of such
24removal, specifying the date thereof and the new location. Such authorization shall
25be authority for the operation of such business under the same license at the specified
1new location. No change in the place of business of a licensee to a location outside
2of the original city, village or town shall be permitted under the same license.
AB150-ASA,1759,64
218.02
(5) (c) Every licensee shall, on or before the tenth day of each December,
5pay to the
commissioner division the annual license fee for the next succeeding
6calendar year.
AB150-ASA,1759,108
218.02
(6) Revocation; suspension; reinstatement and term of licenses. 9(intro.) The
commissioner division, after complaint, notice and hearings as provided
10in s. 217.19, shall revoke any license in the following cases:
AB150-ASA,1759,1412
218.02
(6) (c) If any fact or condition exists which, if it had existed at the time
13of the original application for such license, clearly would have warranted the
14commissioner division in refusing to issue such license;
AB150-ASA, s. 5906
15Section
5906. 218.02 (7) (intro.) of the statutes is amended to read:
AB150-ASA,1759,1916
218.02
(7) (title)
Powers of commissioner division. (intro.) It shall be the duty
17of the
commissioner division and the
commissioner division shall have power,
18jurisdiction and authority to investigate the conditions and ascertain the facts with
19reference to such companies and upon the basis thereof:
AB150-ASA,1760,221
218.02
(7) (c) At any time and so often as the
commissioner division may
22determine to investigate the business and examine the books, accounts, records and
23files used therein of every licensee. The cost of an examination shall be determined
24by the
commissioner division and shall be paid to the
commissioner division by every
25licensee so examined within 30 days after demand therefor by the
commissioner
1division, and the state may maintain an action for the recovery of such costs in any
2court of competent jurisdiction;
AB150-ASA,1760,84
218.02
(9) (a) The
commissioner division may make such rules and require
5such reports as the
commissioner division deems necessary for the enforcement of
6this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available
7for the purposes of this section. Orders of the
commissioner division under this
8section are subject to review by the consumer credit review board under s. 220.037.
AB150-ASA,1760,1210
218.02
(9) (b) All fees and moneys received by the
commissioner division under
11authority of this chapter shall be paid by the
commissioner division into the state
12treasury within one week after the receipt thereof.
AB150-ASA,1760,1814
218.02
(9) (c) The
commissioner division shall investigate, ascertain and
15determine whether this chapter or the lawful orders issued hereunder are being
16violated and for such purposes the
commissioner division shall have all of the powers
17conferred by ss. 217.17 and 217.18. The
commissioner
division shall report all
18violations to the district attorney of the proper county for prosecution.
AB150-ASA,1760,2120
218.04
(1) (c)
"Commissioner"
"Division" means the
commissioner division of
21banking.
AB150-ASA,1761,223
218.04
(3) (a) Application for licenses under the provisions of this section shall
24be made to the
commissioner division in writing, under oath, on a form to be
1prescribed by the
commissioner division. All licenses shall expire on June thirtieth
2next following their date of issue.
AB150-ASA,1761,94
218.04
(3) (b) At the time of making application, every applicant for a collection
5agency license shall pay a
nonrefundable fee of
$100 $1,000 to the commissioner for
6investigating the application, unless the applicant is already licensed under this
7section, and the sum of
$100 $200 as an annual license fee. If the cost of investigation
8exceeds
$100 $1,000, the applicant shall, upon demand of the commissioner, pay the
9excess cost. No investigation fee is required on the renewal of a license.
AB150-ASA, s. 5914
10Section
5914
. 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
11.... (this act), is amended to read:
AB150-ASA,1761,1712
218.04
(3) (b) At the time of making application, every applicant for a collection
13agency license shall pay a nonrefundable fee of $1,000 to the
commissioner division 14for investigating the application, unless the applicant is already licensed under this
15section, and the sum of $200 as an annual license fee. If the cost of investigation
16exceeds $1,000, the applicant shall, upon demand of the
commissioner division, pay
17the excess cost. No investigation fee is required on the renewal of a license.