AB150, s. 5874 4Section 5874. 218.01 (3) (f) 1. of the statutes is amended to read:
AB150,1907,245 218.01 (3) (f) 1. A manufacturer, importer or distributor who seeks to enter into
6a franchise agreement establishing or relocating a motor vehicle dealership, parts
7outlet or service outlet within the relevant market area of an existing enfranchised
8dealer of the line make of motor vehicle shall first notify in writing the department
9of transportation and each such existing enfranchised dealer of its intention to
10establish or relocate a dealership or outlet. Within 30 days of receiving the notice or
11within 30 days after the end of any appeal procedure provided by the manufacturer,
12importer or distributor, whichever is later, any existing enfranchised dealer of the
13same line make to whom the manufacturer, importer or distributor is required to give
14notice under this subdivision may file with the department of transportation and the
15division of hearings and appeals a complaint protesting the proposed establishment
16or relocation of the dealership or outlet within the relevant market area of the
17existing enfranchised dealer. If a complaint is filed, the department of
18transportation
shall inform the manufacturer, importer or distributor that a timely
19complaint has been filed, that a hearing is required, and that the proposed franchise
20agreement may not be entered into until the division of hearings and appeals has
21held a hearing, nor thereafter, if the division of hearings and appeals determines that
22there is good cause for not permitting the proposed establishment or relocation of the
23dealership or outlet. In the event of multiple complaints, hearings shall be
24consolidated to expedite the disposition of the issue.
AB150, s. 5875 25Section 5875. 218.01 (3) (fm) 1. of the statutes is amended to read:
AB150,1908,13
1218.01 (3) (fm) 1. A manufacturer or distributor may not modify a motor vehicle
2dealer agreement during the term of the agreement or upon its renewal if the
3modification substantially and adversely affects the motor vehicle dealer's rights,
4obligations, investment or return on investment without giving 60 days written
5notice of the proposed modification to the motor vehicle dealer unless the
6modification is required by law, court order or the licensor. Within the 60-day notice
7period the motor vehicle dealer may file with the department of transportation and
8the division of hearings and appeals and serve upon the respondent a complaint for
9a determination of whether there is good cause for permitting the proposed
10modification. The division of hearings and appeals shall promptly schedule a
11hearing and decide the matter. Multiple complaints pertaining to the same proposed
12modification shall be consolidated for hearing. The proposed modification may not
13take effect pending the determination of the matter.
AB150, s. 5876 14Section 5876. 218.01 (3) (g) of the statutes is amended to read:
AB150,1908,1815 218.01 (3) (g) Any person in interest aggrieved by a decision of the division of
16hearings and appeals may have a review thereof as provided in ch. 227 or aggrieved
17by an order of the commissioner department of financial institutions may have a
18review thereof as provided in s. 220.037.
AB150, s. 5877 19Section 5877. 218.01 (3) (h) of the statutes is amended to read:
AB150,1909,220 218.01 (3) (h) In addition to the licensor's authority to deny, suspend or revoke
21a license under this section, the commissioner department of financial institutions,
22after public hearing, may issue a special order enjoining any licensee from engaging
23in any act or practice which is determined by the commissioner department of
24financial institutions
to be in violation of any provision of par. (a), and the division

1of hearings and appeals may be petitioned to issue such a special order after notice
2and hearing thereon.
AB150, s. 5878 3Section 5878. 218.01 (3a) (title) of the statutes is amended to read:
AB150,1909,54 218.01 (3a) (title) When department to revoke Revocation of license of
5dealer, distributor, manufacturer, or transporter.
AB150, s. 5879 6Section 5879. 218.01 (3a) (a) of the statutes is amended to read:
AB150,1909,127 218.01 (3a) (a) If a dealer, distributor or manufacturer is convicted under s.
8341.55 (1) a second or subsequent time within the same registration year, the
9department of transportation shall revoke the license of such dealer, distributor or
10manufacturer for a period not to exceed one year. For the purposes of this paragraph,
11the conviction of the employe of a dealer, distributor or manufacturer shall be
12counted as a conviction of the employer.
AB150, s. 5880 13Section 5880. 218.01 (3a) (b) of the statutes is amended to read:
AB150,1909,1614 218.01 (3a) (b) If a transporter is convicted under s. 341.55 (3) a 2nd or
15subsequent time within the same license period, the department of transportation
16shall revoke the license of such transporter for a period not to exceed one year.
AB150, s. 5881 17Section 5881. 218.01 (3a) (c) of the statutes is amended to read:
AB150,1909,2318 218.01 (3a) (c) A dealer, distributor, manufacturer or transporter whose license
19has been revoked shall forthwith surrender its registration plates to a traffic officer
20or peace officer designated by the department of transportation. A dealer,
21distributor, manufacturer or transporter who fails to return the plates as required
22by this subsection may be fined not more than $200 or imprisoned not more than 6
23months or both.
AB150, s. 5882 24Section 5882. 218.01 (3c) (c) of the statutes is amended to read:
AB150,1910,16
1218.01 (3c) (c) If a manufacturer, factory branch or distributor believes it has
2good cause for refusing to honor the succession to the ownership and operation of a
3dealership by a family member of a deceased or incapacitated dealer under the
4existing franchise agreement, such manufacturer, factory branch or distributor may,
5within 30 days of receipt of notice of the designated family member's intent to
6succeed the dealer in the ownership and operation of the dealership, serve upon such
7designated family member and the department of transportation notice of its refusal
8to honor the succession and of its intent to discontinue the existing franchise
9agreement with the dealership no sooner than 60 days from the date such notice is
10served. Such notice shall state the specific grounds for the refusal to honor the
11succession and the discontinuance of the franchise agreement. If no notice of such
12refusal and discontinuance is timely served upon the family member and
13department of transportation, or if the division of hearings and appeals rules in favor
14of the complainant in a hearing held under par. (d), the franchise agreement shall
15continue in effect subject to termination only in the manner prescribed in this
16subchapter.
AB150, s. 5883 17Section 5883. 218.01 (3c) (d) of the statutes is amended to read:
AB150,1911,1118 218.01 (3c) (d) Any designated family member who receives a notice of the
19manufacturer's, factory branch's or distributor's refusal to honor his or her
20succession to the ownership and operation of the dealership may, within the 60-day
21notice period, serve on the respondent and file in triplicate with the division of
22hearings and appeals a verified complaint for a hearing and determination by the
23division of hearings and appeals on whether good cause exists for such refusal and
24discontinuance. The division of hearings and appeals shall forward a copy of the
25complaint to the department of transportation. The manufacturer, factory branch

1or distributor shall have the burden of establishing good cause for such refusal by
2showing that the succession would be detrimental to the public interest or to the
3representation of the manufacturer, factory branch or distributor. The franchise
4agreement shall continue in effect until the final determination of the issues raised
5in such complaint. If the complainant prevails he or she shall have a cause of action
6against the defendant for reasonable expenses and attorney fees incurred in such
7matter. If the manufacturer, factory branch or distributor prevails, the division of
8hearings and appeals shall include in its order approving the termination of the
9franchise agreement such conditions as are reasonable and adequate to afford the
10complainant an opportunity to receive fair and reasonable compensation for the
11value of the dealership.
AB150, s. 5884 12Section 5884. 218.01 (3x) (b) 1. of the statutes is amended to read:
AB150,1911,2413 218.01 (3x) (b) 1. If a motor vehicle dealer's agreement with an affected grantor
14requires the grantor's prior approval of an action proposed to be undertaken by the
15dealer under this subsection, a dealer may not voluntarily change its ownership or
16executive management, transfer its dealership assets to another person, add another
17franchise at the same location as its existing franchise or relocate a franchise without
18giving prior written notice of the proposed action to the affected grantor and to the
19department of transportation. Within 20 days after receiving the notice, the affected
20grantor may serve the dealer with a written list of the information not already known
21or in the possession of the grantor that is reasonably necessary in order for the
22grantor to determine whether the proposed action should be approved. The grantor
23shall, in good faith, confirm in writing to the dealer the date on which it has received
24from the dealer or from other sources all the information specified on the list.
AB150, s. 5885 25Section 5885. 218.01 (3x) (b) 2. of the statutes is amended to read:
AB150,1912,15
1218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed
2action shall, within 30 days after receiving the dealer's written notice of the proposed
3action or within 30 days after receiving all the information specified in a written list
4served on the dealer under subd. 1., whichever is later, file with the department of
5transportation
and serve upon the dealer a written statement of the reasons for its
6disapproval. The reasons given for the disapproval or any explanation of those
7reasons by the manufacturer, distributor or importer shall not subject the
8manufacturer, distributor or importer to any civil liability unless the reasons given
9or explanations made are malicious and published with the sole intent to cause harm
10to the dealer or a transferee of the dealer. Failure to file and serve a statement within
11the applicable period shall, notwithstanding the terms of any agreement, constitute
12approval of the proposed action by the grantor. If an affected grantor files a written
13statement within the applicable period, the dealer may not voluntarily undertake
14the proposed action unless it receives an order permitting it to do so from the office
15of the commissioner of transportation under par. (c) 2.
AB150, s. 5886 16Section 5886. 218.01 (3x) (b) 3. of the statutes is amended to read:
AB150,1912,2317 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected
18grantor under subd. 2 may file with the department of transportation and the office
19of the commissioner of transportation and serve upon the affected grantor a
20complaint for the determination of whether there is good cause for permitting the
21proposed action to be undertaken. The office of the commissioner of transportation
22shall promptly schedule a hearing and decide the matter. The proposed action may
23not be undertaken pending the determination of the matter.
AB150, s. 5887 24Section 5887. 218.01 (5) (b) 1. of the statutes is amended to read:
AB150,1913,9
1218.01 (5) (b) 1. The commissioner department of financial institutions,
2department of transportation and division of hearings and appeals shall have the
3power in hearings arising under this chapter to determine the place, in this state,
4where they shall be held; to subpoena witnesses and documents; to take and permit
5the taking of depositions of witnesses residing in or outside of this state and to
6otherwise permit the discovery and preservation of evidence before hearing, in the
7manner provided for in civil actions in courts of record; to pay such witnesses the fees
8and mileage for their attendance as is provided for witnesses in civil actions in courts
9of record; and to administer oaths.
AB150, s. 5888 10Section 5888. 218.01 (5) (b) 3. of the statutes is amended to read:
AB150,1913,2311 218.01 (5) (b) 3. A person providing information under this paragraph may
12request that the information be designated as a trade secret, as defined in s. 134.90
13(1) (c), or as confidential business information. The commissioner, division of
14hearings and appeals or licensor shall approve the designation if the person
15providing the information demonstrates that the release of the information would
16adversely affect the person's competitive position. At least 15 days before any
17information designated as a trade secret or as confidential business information is
18disclosed to any other person, the commissioner, division of hearings and appeals or
19licensor shall notify the person providing the information. The person providing the
20information may seek a court order limiting or prohibiting the disclosure. In such
21cases, the court shall weigh the need for confidentiality of the information against
22the public interest in disclosure. Confidentiality is waived if the person providing
23the information consents in writing to disclosure.
AB150, s. 5889 24Section 5889. 218.01 (6) (b) (intro.) of the statutes is amended to read:
AB150,1914,16
1218.01 (6) (b) (intro.) Prior to or concurrent with any instalment sale, the seller
2shall deliver to the buyer a written statement describing clearly the motor vehicle
3sold to the buyer, the cash sale price, the cash paid down by the buyer, the amount
4credited the buyer for any trade-in and a description of the trade-in, the cost to the
5retail buyer of any insurance, the amount financed which may include the cost of
6insurance, sales and use taxes, the amount of the finance charge, the amount of any
7other charge specifying its purpose, the total of payments due from the buyer, the
8terms of the payment of such total, the amount and date of each payment necessary
9finally to pay the total and a summary of any insurance coverage to be effected. The
10commissioner department of financial institutions may determine the form of the
11statement. If a written order is taken from a prospective purchaser in connection
12with any instalment sale, the written statement shall be given to the purchaser prior
13to or concurrent with the signing of the order by the purchaser. The finance charge
14in a retail instalment sale made prior to April 6, 1980, however computed, excluding
15the cost of insurance shall not exceed the amount computed on the basis of the
16following annual percentage rates:
AB150, s. 5890 17Section 5890. 218.01 (6) (em) of the statutes is amended to read:
AB150,1914,2218 218.01 (6) (em) In event the dealer shall finance the instalment sale contract,
19the commissioner department of financial institutions may permit the dealer to
20combine the information required by pars. (b) and (e) last above in one statement
21under such rules and regulations as the commissioner department of financial
22institutions
may from time to time prescribe.
AB150, s. 5891 23Section 5891. 218.01 (7a) (a) of the statutes is amended to read:
AB150,1915,724 218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle
25dealer or motor vehicle salesperson unless the mileage on the motor vehicle is

1disclosed in writing by the transferor on the certificate of title or on a form authorized
2by the department of transportation to reassign the title to the dealer and the
3disclosure is subsequently shown to the retail purchaser by the dealer or salesperson
4prior to sale. The department of transportation may promulgate rules to exempt
5types of motor vehicles from this mileage disclosure requirement and shall
6promulgate rules for making the disclosure requirement on a form other than the
7certificate of title.
AB150, s. 5892 8Section 5892. 218.01 (7a) (b) of the statutes is amended to read:
AB150,1915,159 218.01 (7a) (b) It shall be unlawful for any motor vehicle dealer or motor vehicle
10salesperson to fail to provide, upon request of a prospective purchaser, the name and
11address of the most recent titled owner and of all subsequent nontitled owners,
12unless exempted from this requirement by rule of the department of transportation,
13of any motor vehicle offered for sale. If the most recent titled owner of the motor
14vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the
15name and address of the previous titled owner.
AB150, s. 5893 16Section 5893. 218.01 (7b) of the statutes is amended to read:
AB150,1916,817 218.01 (7b) Purchase of motor vehicle by minor. No minor shall purchase any
18motor vehicle unless the minor, at the time of purchase, submits to the seller a
19statement verified before a person authorized to administer oaths and made and
20signed by either parent of the purchaser, if such parent has custody of the minor or,
21if neither parent has custody, then by the person having custody, setting forth that
22the purchaser has consent to purchase the vehicle. The signature on the statement
23shall not impute any liability for the purchase price of the motor vehicle to the
24consenting person. The statement shall not adversely affect any other arrangement
25for the assumption of liability for the purchase price which the consenting person

1may make. The signed statement shall accompany the application for a certificate
2of title and shall be filed by the department of transportation with the application.
3Failure to obtain the consent or to forward it with the application for a certificate of
4title shall not void the contract of sale of a motor vehicle in the hands of an innocent
5holder, without notice, for value and in the ordinary course of business. Any person
6who sells a motor vehicle to a minor with knowledge of such fact without procuring
7such a statement may be fined not more than $200 or imprisoned not more than 6
8months or both.
AB150, s. 5894 9Section 5894. 218.02 (1) (b) of the statutes is repealed.
AB150, s. 5895 10Section 5895. 218.02 (1) (d) of the statutes is created to read:
AB150,1916,1111 218.02 (1) (d) "Department" means the department of financial institutions.
AB150, s. 5896 12Section 5896. 218.02 (2) (a) of the statutes is amended to read:
AB150,1916,1813 218.02 (2) (a) Each adjustment service company shall apply to the
14commissioner of banking department for a license to engage in such business.
15Application for a separate license for each office of a company to be operated under
16this section shall be made to the commissioner department in writing, under oath,
17in a form to be prescribed by the commissioner department. The commissioner
18department may issue more than one license to the same licensee.
AB150, s. 5897 19Section 5897. 218.02 (2) (b) of the statutes is amended to read:
AB150,1916,2520 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 of $100 to the commissioner for investigating the application
23and the sum of $100 as an a $200 annual license fee. If the cost of an investigation
24exceeds $100 $200, the applicant shall, upon demand of the commissioner, pay the
25excess cost. No investigation fee shall be required on the renewal of a license.
AB150, s. 5898
1Section 5898 . 218.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150,1917,83 218.02 (2) (b) At the time of making application and before engaging in
4business, every applicant for an adjustment service company license shall pay a
5nonrefundable $200 fee to the commissioner department for investigating the
6application and a $200 annual license fee. If the cost of an investigation exceeds
7$200, the applicant shall, upon demand of the commissioner department, pay the
8excess cost. No investigation fee shall be required on the renewal of a license.
AB150, s. 5899 9Section 5899. 218.02 (2) (c) of the statutes is amended to read:
AB150,1917,1410 218.02 (2) (c) The commissioner department may require any licensee either
11before or after the issuance of the license to file and maintain in force a bond in a form
12to be prescribed by and acceptable to the commissioner department, in such sum as
13the commissioner department may deem necessary to safeguard the interest of the
14borrowers and the public, not exceeding, however, the sum of $5,000.
AB150, s. 5900 15Section 5900. 218.02 (3) (intro.) of the statutes is amended to read:
AB150,1917,1916 218.02 (3) Conditions of the issuance of licenses. (intro.) The commissioner
17department shall issue a license to the applicant to conduct such business at the
18office specified in the application in accordance with the provisions of this section,
19if the commissioner department shall find:
AB150, s. 5901 20Section 5901. 218.02 (4) of the statutes is amended to read:
AB150,1918,221 218.02 (4) Order denying application. If the commissioner department is not
22satisfied as to all of the matters specified in sub. (3) the commissioner department
23shall enter a special order denying the application for a license and shall return the
24applicant's license fee. The commissioner department shall make findings of fact as

1part of and in support of the commissioner's department's order denying any
2application for a license.
AB150, s. 5902 3Section 5902. 218.02 (5) (b) of the statutes is amended to read:
AB150,1918,114 218.02 (5) (b) Whenever a licensee shall contemplate a change of the licensee's
5place of business to another location within the same city, village or town, the
6licensee shall give written notice thereof to the commissioner, who department,
7which
shall attach to the license the commissioner's department's authorization of
8such removal, specifying the date thereof and the new location. Such authorization
9shall be authority for the operation of such business under the same license at the
10specified new location. No change in the place of business of a licensee to a location
11outside of the original city, village or town shall be permitted under the same license.
AB150, s. 5903 12Section 5903. 218.02 (5) (c) of the statutes is amended to read:
AB150,1918,1513 218.02 (5) (c) Every licensee shall, on or before the tenth day of each December,
14pay to the commissioner department the annual license fee for the next succeeding
15calendar year.
AB150, s. 5904 16Section 5904. 218.02 (6) (intro.) of the statutes is amended to read:
AB150,1918,1917 218.02 (6) Revocation; suspension; reinstatement and term of licenses.
18(intro.) The commissioner department, after complaint, notice and hearings as
19provided in s. 217.19, shall revoke any license in the following cases:
AB150, s. 5905 20Section 5905. 218.02 (6) (c) of the statutes is amended to read:
AB150,1918,2321 218.02 (6) (c) If any fact or condition exists which, if it had existed at the time
22of the original application for such license, clearly would have warranted the
23commissioner department in refusing to issue such license;
AB150, s. 5906 24Section 5906. 218.02 (7) (intro.) of the statutes is amended to read:
AB150,1919,4
1218.02 (7) (title) Powers of commissioner department. (intro.) It shall be the
2duty of the commissioner department and the commissioner department shall have
3power, jurisdiction and authority to investigate the conditions and ascertain the facts
4with reference to such companies and upon the basis thereof:
AB150, s. 5907 5Section 5907. 218.02 (7) (c) of the statutes is amended to read:
AB150,1919,126 218.02 (7) (c) At any time and so often as the commissioner department may
7determine to investigate the business and examine the books, accounts, records and
8files used therein of every licensee. The cost of an examination shall be determined
9by the commissioner department and shall be paid to the commissioner department
10by every licensee so examined within 30 days after demand therefor by the
11commissioner department, and the state may maintain an action for the recovery of
12such costs in any court of competent jurisdiction;
AB150, s. 5908 13Section 5908. 218.02 (9) (a) of the statutes is amended to read:
AB150,1919,1914 218.02 (9) (a) The commissioner department may make such rules and require
15such reports as the commissioner department deems necessary for the enforcement
16of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are
17available for the purposes of this section. Orders of the commissioner department
18under this section are subject to review by the consumer credit review board under
19s. 220.037.
AB150, s. 5909 20Section 5909. 218.02 (9) (b) of the statutes is amended to read:
AB150,1919,2321 218.02 (9) (b) All fees and moneys received by the commissioner department
22under authority of this chapter shall be paid by the commissioner department into
23the state treasury within one week after the receipt thereof.
AB150, s. 5910 24Section 5910. 218.02 (9) (c) of the statutes is amended to read:
AB150,1920,5
1218.02 (9) (c) The commissioner department shall investigate, ascertain and
2determine whether this chapter or the lawful orders issued hereunder are being
3violated and for such purposes the commissioner department shall have all of the
4powers conferred by ss. 217.17 and 217.18. The commissioner department shall
5report all violations to the district attorney of the proper county for prosecution.
AB150, s. 5911 6Section 5911. 218.04 (1) (c) of the statutes is amended to read:
AB150,1920,87 218.04 (1) (c) "Commissioner" "Department" means the commissioner of
8banking
department of financial institutions.
AB150, s. 5912 9Section 5912. 218.04 (3) (a) of the statutes is amended to read:
AB150,1920,1310 218.04 (3) (a) Application for licenses under the provisions of this section shall
11be made to the commissioner department in writing, under oath, on a form to be
12prescribed by the commissioner department. All licenses shall expire on June
13thirtieth next following their date of issue.
AB150, s. 5913 14Section 5913. 218.04 (3) (b) of the statutes is amended to read:
AB150,1920,2015 218.04 (3) (b) At the time of making application, every applicant for a collection
16agency license shall pay a nonrefundable fee of $100 $1,000 to the commissioner for
17investigating the application, unless the applicant is already licensed under this
18section, and the sum of $100 $200 as an annual license fee. If the cost of investigation
19exceeds $100 $1,000, the applicant shall, upon demand of the commissioner, pay the
20excess cost. No investigation fee is required on the renewal of a license.
AB150, s. 5914 21Section 5914 . 218.04 (3) (b) of the statutes, as affected by 1995 Wisconsin Act
22.... (this act), is amended to read:
AB150,1921,423 218.04 (3) (b) At the time of making application, every applicant for a collection
24agency license shall pay a nonrefundable fee of $1,000 to the commissioner
25department for investigating the application, unless the applicant is already

1licensed under this section, and the sum of $200 as an annual license fee. If the cost
2of investigation exceeds $1,000, the applicant shall, upon demand of the
3commissioner department, pay the excess cost. No investigation fee is required on
4the renewal of a license.
AB150, s. 5915 5Section 5915. 218.04 (3) (c) of the statutes is amended to read:
AB150,1921,116 218.04 (3) (c) The license fee for a collector or solicitor shall be $2 $15. This
7license shall be carried as a means of identification whenever the collector is engaged
8in business. The license shall state the name of the employer and in case of a change
9of employer the commissioner shall indorse such change on the license without
10charge
shall be surrendered to the commissioner upon termination of employment.
11A new license is required for a change of employment
.
AB150, s. 5916 12Section 5916 . 218.04 (3) (c) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is amended to read:
AB150,1921,1814 218.04 (3) (c) The license fee for a collector or solicitor shall be $15. This license
15shall be carried as a means of identification whenever the collector is engaged in
16business. The license shall state the name of the employer and shall be surrendered
17to the commissioner department upon termination of employment. A new license is
18required for a change of employment.
AB150, s. 5917 19Section 5917. 218.04 (3) (d) of the statutes is amended to read:
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