SB96-SSA1,15,125 218.0133 (2) (b) 1. b. 218.0133 (2) (b) 1. b. The If the grantor is a motorcycle
6grantor, the
motor vehicle has not been operated more than 300 miles for
7manufacturer's tests, predelivery tests, and motor vehicle dealer exchange in
8addition to operation required for motor vehicle delivery from the grantor. If the
9grantor is not a motorcycle grantor, the motor vehicle has not been operated more
10than 500 miles for manufacturer's tests, predelivery tests, and motor vehicle dealer
11exchange in addition to operation required for motor vehicle delivery from the
12grantor or another dealer of the same line make.
SB96-SSA1, s. 24 13Section 24. 218.0133 (2) (b) 1. c. of the statutes is amended to read:
SB96-SSA1,15,1714 218.0133 (2) (b) 1. c. The motor vehicle was acquired as part of the motor vehicle
15dealer's original inventory or from the grantor or in the ordinary course of business
16from another motor vehicle dealer of the same line make who acquired the motor
17vehicle from the grantor.
SB96-SSA1, s. 25 18Section 25. 218.0133 (2) (b) 2. of the statutes is amended to read:
SB96-SSA1,16,419 218.0133 (2) (b) 2. A motorcycle grantor may not be required to repurchase a
20motor vehicle under this paragraph unless the date on the original dealer invoice is
21within 12 months of the date on which the motor vehicle dealer terminates, cancels,
22or does not renew an agreement or is within 18 months of the date on which the
23grantor terminates, cancels, or does not renew an agreement. A grantor that is not
24a motorcycle grantor may not be required to repurchase a motor vehicle under this
25paragraph unless the vehicle is of the current or one-year prior model year or the

1date on the original dealer invoice is within 12 months of the date on which the motor
2vehicle dealer terminates, cancels, or does not renew a franchise or is within 18
3months of the date on which the grantor terminates, cancels, or does not renew a
4franchise.
SB96-SSA1, s. 26 5Section 26. 218.0133 (2) (d) of the statutes is renumbered 218.0133 (2) (d) 1.
SB96-SSA1, s. 27 6Section 27. 218.0133 (2) (d) 2. of the statutes is created to read:
SB96-SSA1,16,97 218.0133 (2) (d) 2. If the dealer leases a sign from the grantor or an entity
8controlled by the grantor, the grantor, except a motorcycle grantor, shall terminate
9or arrange for the termination of the lease.
SB96-SSA1, s. 28 10Section 28. 218.0133 (2) (d) 3. of the statutes is created to read:
SB96-SSA1,16,1311 218.0133 (2) (d) 3. The grantor, except a motorcycle grantor, is responsible for
12the removal of a sign subject to subd. 1. or 2. from the dealership facility and shall
13bear the costs of the removal.
SB96-SSA1, s. 29 14Section 29. 218.0133 (2) (f) of the statutes is created to read:
SB96-SSA1,16,2215 218.0133 (2) (f) The grantor, except a motorcycle grantor, shall reimburse the
16motor vehicle dealer for the amount of any obligations that extend beyond the
17effective date of the termination, cancellation, or nonrenewal under contracts for
18computer hardware, software, maintenance, or other related service entered into by
19the dealer and required by the grantor for 18 months or the remaining term of the
20contracts, whichever is less, unless the computer hardware, software, maintenance,
21or other related service was used to support the operations of a franchise other than
22the franchise that was terminated, cancelled, or not renewed.
SB96-SSA1, s. 30 23Section 30. 218.0133 (4) (a) of the statutes is amended to read:
SB96-SSA1,17,724 218.0133 (4) (a) Except as provided in sub. (5) and subject to par. pars. (d) and
25(f)
, when a grantor except a motorcycle grantor terminates, cancels, or does not

1renew an agreement a franchise a grantor shall, upon request, pay a motor vehicle
2dealer the termination benefits under par. (b) or (c) and under par. (e), and when a
3motorcycle grantor terminates, cancels, or does not renew an agreement, a
4motorcycle grantor shall, upon request, pay a dealer the termination benefits under
5par. (b) or (c)
. If a motor vehicle dealer receives benefits under par. (b) or (c) and par.
6(f) does not apply
, the grantor shall be entitled to the possession and use of the
7dealership facilities for the period that the termination benefits payment covers.
SB96-SSA1, s. 31 8Section 31. 218.0133 (4) (e) of the statutes is created to read:
SB96-SSA1,17,179 218.0133 (4) (e) If a dealer completed construction or renovation of its
10dealership facilities not more than 24 months before receiving the notice of the
11franchise termination, cancellation, or nonrenewal and the construction or
12renovation was required by the grantor, the grantor except a motorcycle grantor
13shall pay the dealer an amount equal to the dealer's actual cost for the construction
14or renovation, less any allowances or credits provided to the dealer by the grantor for
15the construction or renovation and less any tax savings accruing to the dealer's
16benefit prior to the notice of the franchise termination, cancellation, or nonrenewal
17from depreciation write-offs related to the construction or renovation.
SB96-SSA1, s. 32 18Section 32. 218.0133 (4) (f) of the statutes is created to read:
SB96-SSA1,17,2419 218.0133 (4) (f) If the termination, cancellation, or nonrenewal relates to fewer
20than all of the franchises operated by a dealer at a single location, the amount of the
21termination benefit under this subsection shall be based on the percentage of total
22square footage attributed to the franchise being terminated, cancelled, or not
23renewed at the effective date of the termination, cancellation, or nonrenewal. This
24paragraph does not apply to a motorcycle grantor.
SB96-SSA1, s. 33 25Section 33. 218.0133 (5) (a) 2. of the statutes is amended to read:
SB96-SSA1,18,6
1218.0133 (5) (a) 2. 218.0133 (5) (a) 2. A motor vehicle dealer who terminates
2or cancels an agreement with a motorcycle grantor without giving the grantor 60
3days' notice or the notice required under the agreement, whichever is less or who
4terminates or cancels a franchise with a grantor that is not a motorcycle grantor
5without giving the grantor 60 days' notice or the notice required under the
6agreement, whichever is less
.
SB96-SSA1, s. 34 7Section 34 . 218.0133 (5) (a) 4d. of the statutes is created to read:
SB96-SSA1,18,108 218.0133 (5) (a) 4d. A motor vehicle dealer who has any license that is required
9to operate its dealership revoked. This subdivision does not apply to a motorcycle
10grantor or a dealer of its motorcycles with respect to the motorcycle grantor.
SB96-SSA1, s. 35 11Section 35. 218.0133 (5) (a) 4h. of the statutes is created to read:
SB96-SSA1,18,1912 218.0133 (5) (a) 4h. A termination, cancellation or nonrenewal based on the
13motor vehicle dealer's failure to conduct its customary sales and service operations
14during its customary business hours for 7 consecutive business days unless the
15failure is caused by an act of God, work stoppage or delays due to strikes or labor
16disputes, an order of the department of transportation or the division of hearings and
17appeals, or other circumstances beyond the dealer's control. This subdivision does
18not apply to a motorcycle grantor or a dealer of its motorcycles with respect to the
19motorcycle grantor.
SB96-SSA1, s. 36 20Section 36. 218.0133 (5) (a) 4p. of the statutes is created to read:
SB96-SSA1,18,2521 218.0133 (5) (a) 4p. A termination, cancellation, or nonrenewal based on the
22conviction of a motor vehicle dealer of a crime involving theft, dishonesty, or false
23statement, or any other crime punishable by imprisonment for greater than one year.
24This subdivision does not apply to a motorcycle grantor or a dealer of its motorcycles
25with respect to the motorcycle grantor.
SB96-SSA1, s. 37
1Section 37 . 218.0133 (5) (a) 4t. of the statutes is created to read:
SB96-SSA1,19,62 218.0133 (5) (a) 4t. A termination, cancellation, or nonrenewal based on the
3motor vehicle dealer being subject to a bankruptcy or receivership filing unless the
4petition is dismissed not more than 30 days after the filing date. This subdivision
5does not apply to a motorcycle grantor or a dealer of its motorcycles with respect to
6the motorcycle grantor.
SB96-SSA1, s. 38 7Section 38. 218.0133 (5) (d) of the statutes is amended to read:
SB96-SSA1,19,158 218.0133 (5) (d) Subsection (4) does not apply if a motorcycle grantor
9terminates, cancels, or fails to renew an agreement in compliance with s. 218.0116
10(1) (i), unless the primary ground for termination, cancellation, or nonrenewal is
11inadequate sales performance by the motor vehicle dealer or if a grantor that is not
12a motorcycle grantor terminates, cancels, or fails to renew a franchise in compliance
13with s. 218.0116 (1) (i), unless the primary ground for termination, cancellation, or
14nonrenewal is inadequate sales performance by the motor vehicle dealer or
15termination, cancellation, or discontinuation of a motor vehicle line make
.
SB96-SSA1, s. 39 16Section 39. 218.0133 (6) (b) of the statutes is amended to read:
SB96-SSA1,19,2117 218.0133 (6) (b) A motorcycle grantor may not make the termination benefits
18payments under sub. (2) or (4) contingent on the motor vehicle dealer releasing or
19waiving any rights, claims, or remedies and a grantor that is not a motorcycle grantor
20may not make the termination benefits payments under sub. (2), (4), or (7) contingent
21on the motor vehicle dealer releasing or waiving any rights, claims, or remedies
.
SB96-SSA1, s. 40 22Section 40. 218.0133 (7) of the statutes is created to read:
SB96-SSA1,20,623 218.0133 (7) If a grantor except a motorcycle grantor cancels or fails to renew
24a franchise under s. 218.0132 (2), in addition to the termination benefits provided in
25subs. (2) and (4), the grantor shall compensate the dealer in an amount not less than

1the fair market value of the franchise terminated or not renewed on the date
2immediately preceding the date the manufacturer, importer, or distributor publicly
3announced the termination, cancellation, or discontinuation of the line make that
4resulted in the franchise cancellation or nonrenewal. The manufacturer, importer,
5or distributor shall provide the compensation under this subsection not more than
690 days after the effective date of the cancellation or nonrenewal.
SB96-SSA1, s. 41 7Section 41. 218.0163 (1) (a) of the statutes is amended to read:
SB96-SSA1,20,108 218.0163 (1) (a) A violation by any other licensee of s. 218.0116 (1) (bm), (f), (h),
9(hm), (i), (km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t), (u), (um), (v),
10(vm), (w), or (wm), (x), (xm), (y), (ym), or (ys).
SB96-SSA1, s. 42 11Section 42. Initial applicability.
SB96-SSA1,20,1312 (1) This act first applies to an agreement that exists or is entered into on the
13effective date of this subsection.
Loading...
Loading...