AB969: Bill Text

Analysis by the Legislative Reference Bureau

This bill, drafted pursuant to s. 13.93 (2) (j), restructures the statutes dealing with motor vehicle dealers, salespersons and sales finance companies to divide these statutes into more workable sections. Language is modified to increase conformity with current drafting style. No substantive changes are intended. A table showing the relationship between the new statutory numbering and the old statutory numbering follows: - See PDF for table

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB969, s. 1 Section 1. 73.03 (37) of the statutes is amended to read:

AB969,13,3 73.03 (37) To make refunds in connection with motor vehicles returned to the manufacturers by a consumer, as provided under s. 218.015 218.0171 (2) (e) and (f).

AB969, s. 2 Section 2. 77.53 (1m) (intro.) of the statutes is amended to read:

AB969,13,8 77.53 (1m) (intro.) For motor vehicles that are used for a purpose in addition to retention, demonstration or display while held for sale in the regular course of business by a dealer who is licensed under s. 218.01 ss. 218.0101 to 218.0163, the base for the tax imposed under sub. (1) is the following:

AB969, s. 3 Section 3. 100.45 (1) (ag) of the statutes is amended to read:

AB969,13,11 100.45 (1) (ag) "Distributor" has the meaning given in s. 218.01 (1) (e) 218.0101 (6).

AB969, s. 4 Section 4. 100.45 (1) (ar) of the statutes is amended to read:

AB969,14,5 100.45 (1) (ar) "Manufacturer" has the meaning given in s. 218.01 (1) (L) 218.0101 (20), except that, if more than one person satisfies the definition in s. 218.01 (1) (L) 218.0101 (20) with respect to a motor vehicle, "manufacturer" means the person who installs the mobile air conditioner that is in the motor vehicle when the motor vehicle is distributed for sale in this state.

AB969, s. 5 Section 5. 135.07 (1) of the statutes is amended to read:

AB969,14,9 135.07 (1) To a dealership to which a motor vehicle dealer or motor vehicle distributor or wholesaler as defined in s. 218.01 (1) 218.0101 is a party in such capacity.

AB969, s. 6 Section 6. 138.04 of the statutes is amended to read:

AB969,14,16 138.04 Legal rate. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be $5 upon the $100 for one year and according to that rate for a greater or less sum or for a longer or a shorter time; but parties may contract for the payment and receipt of a rate of interest not exceeding the rate allowed in ss. 138.041 to 138.056, 138.09 to 138.12, 218.01 218.0101 to 218.0163, or 422.201, in which case such rate shall be clearly expressed in writing.

AB969, s. 7 Section 7. 138.051 (8) of the statutes is amended to read:

AB969,14,19 138.051 (8) The contract rate is not subject to rate limitations imposed under this chapter or s. 218.01 ss. 218.0101 to 218.0163 or under s. 422.201.

AB969, s. 8 Section 8. 138.052 (11) of the statutes is amended to read:

AB969,14,22 138.052 (11) The contract rate is not subject to rate limitations imposed under this chapter or s. 218.01 ss. 218.0101 to 218.0163 or under s. 422.201.

AB969, s. 9 Section 9. 138.09 (3) (e) 1. c. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB969,15,2 138.09 (3) (e) 1. c. A loan, finance or discount business under s. 218.01 ss. 218.0101 to 218.0163.

AB969, s. 10 Section 10. 218.01 (title) of the statutes is repealed.

Note: The title of s. 218.01 is repealed to reflect the division of s. 218.01 into a number of different sections.

AB969, s. 11 Section 11. 218.01 (1) (intro.) of the statutes is renumbered 218.0101 (intro.) and amended to read:

AB969,15,8 218.0101 Definitions. (intro.) In this section ss. 218.0101 to 218.0163, unless the context requires otherwise requires, the following words and terms shall have the following meanings:

AB969, s. 12 Section 12. 218.01 (1) (a) of the statutes is renumbered 218.0101 (1).

AB969, s. 13 Section 13. 218.01 (1) (b) of the statutes is renumbered 218.0101 (3) and amended to read:

AB969,15,14 218.0101 (3) "Cash price" means the retail seller's price in dollars for the sale of the goods, and the transfer of unqualified title thereto to those goods, upon payment of such the retail seller's price in cash or the a cash equivalent thereof.

AB969, s. 14 Section 14. 218.01 (1) (ct) of the statutes is renumbered 218.0101 (4).

AB969, s. 15 Section 15. 218.01 (1) (df) of the statutes is renumbered 218.0101 (5).

AB969, s. 16 Section 16. 218.01 (1) (e) of the statutes is renumbered 218.0101 (6).

AB969, s. 17 Section 17. 218.01 (1) (f) of the statutes is renumbered 218.0101 (7).

AB969, s. 18 Section 18. 218.01 (1) (g) of the statutes is renumbered 218.0101 (8).

AB969, s. 19 Section 19. 218.01 (1) (gm) of the statutes is renumbered 218.0101 (9).

AB969, s. 20 Section 20. 218.01 (1) (h) of the statutes is renumbered 218.0101 (10).

AB969, s. 21 Section 21. 218.01 (1) (i) of the statutes is renumbered 218.0101 (11).

AB969, s. 22 Section 22. 218.01 (1) (j) of the statutes is renumbered 218.0101 (12).

AB969, s. 23 Section 23. 218.01 (1) (je) of the statutes is renumbered 218.0101 (13).

AB969, s. 24 Section 24. 218.01 (1) (jf) of the statutes, as affected by 1997 Wisconsin Act 48, is renumbered 218.0101 (2).

AB969, s. 25 Section 25. 218.01 (1) (jg) of the statutes is renumbered 218.0101 (14).

AB969, s. 26 Section 26. 218.01 (1) (ji) of the statutes is renumbered 218.0101 (15).

AB969, s. 27 Section 27. 218.01 (1) (jj) of the statutes is renumbered 218.0101 (16).

AB969, s. 28 Section 28. 218.01 (1) (jk) of the statutes is renumbered 218.0101 (17).

AB969, s. 29 Section 29. 218.01 (1) (jm) of the statutes is renumbered 218.0101 (18) and amended to read:

AB969,16,13 218.0101 (18) "License period" means the period during which a particular type of license described in sub. (2) (d) s. 218.0114 (14) is effective, as established by the department of transportation or division of banking under sub. (2) (cm) 2. or 4. s. 218.0114 (13) (b) or (d).

AB969, s. 30 Section 30. 218.01 (1) (k) of the statutes is renumbered 218.0101 (19) and amended to read:

AB969,16,18 218.0101 (19) "Licensor" means the body, either the division of banking or the department of transportation or both, issuing a license hereunder under ss. 218.0101 to 218.0163.

AB969, s. 31 Section 31. 218.01 (1) (L) of the statutes is renumbered 218.0101 (20) (intro.) and amended to read:

AB969,16,22 218.0101 (20) (intro.) "Manufacturer" means any person, resident or nonresident, who manufactures does any of the following:

AB969,16,23 (a) Manufactures or assembles motor vehicles or who manufactures.

AB969,17,2 (b) Manufactures or installs on previously assembled truck chassis, special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration and which completed unit is owned by such the manufacturer.

AB969, s. 32 Section 32. 218.01 (1) (Lm) of the statutes is renumbered 218.0101 (21).

AB969, s. 33 Section 33. 218.01 (1) (m) of the statutes is renumbered 218.0101 (22).

AB969, s. 34 Section 34. 218.01 (1) (n) of the statutes is renumbered 218.0101 (23) (a), and 218.0101 (23) (a) (intro.) and 2., as renumbered, are amended to read:

AB969,17,8 218.0101 (23) (a) (intro.) "Motor vehicle dealer" means any person, firm or corporation, not excluded by par. (o) (b) who:

AB969,17,11 2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles, whether or not such the motor vehicles are owned by such that person, firm or corporation.

AB969, s. 35 Section 35. 218.01 (1) (o) (intro.) and 1. to 4. of the statutes are renumbered 218.0101 (23) (b) (intro.) and 1. to 4., and 218.0101 (23) (b) 1. to 4., as renumbered, are amended to read:

AB969,17,16 218.0101 (23) (b) 1. Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or.

AB969,17,17 2. Public officers while performing their official duties; or.

AB969,17,20 3. Employes of persons, corporations or associations enumerated in subds. 1. and 2., when engaged in the specific performance of their duties as such employes of the enumerated persons, corporations or associations.

AB969,17,24 4. Sales finance companies or other loan agencies who sell or offer for sale motor vehicles repossessed or foreclosed on by them those sales finance companies or other loan agencies under terms of an instalment contract, or motor vehicles taken in trade on such repossessions for repossessed or foreclosed motor vehicles.

AB969, s. 36 Section 36. 218.01 (1) (o) 5. of the statutes, as affected by 1997 Wisconsin Act 48, is renumbered 218.0101 (23) (b) 5.

AB969, s. 37 Section 37. 218.01 (1) (p) of the statutes is renumbered 218.0101 (24) and amended to read:

AB969,18,9 218.0101 (24) "Motor vehicle salesperson" means sales representative, sales manager, general manager or other person who is employed by a motor vehicle dealer for the purpose of selling or approving retail sales, or leasing or approving consumer leases, of motor vehicles. Any motor vehicle salesperson licensed hereunder shall be licensed to sell or lease only for only one dealer at a time.

AB969, s. 38 Section 38. 218.01 (1) (pt) of the statutes is renumbered 218.0101 (25).

AB969, s. 39 Section 39. 218.01 (1) (q) of the statutes is renumbered 218.0101 (26).

AB969, s. 40 Section 40. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).

AB969, s. 41 Section 41. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).

AB969, s. 42 Section 42. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).

AB969, s. 43 Section 43. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).

AB969, s. 44 Section 44. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).

AB969, s. 45 Section 45. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and amended to read:

AB969,18,24 218.0101 (32) "Retail instalment contract" or "instalment contract" means and includes every contract to sell one or more motor vehicles at retail, in which the price thereof of the motor vehicles is payable in one or more instalments over a period of time and in which the seller has either retained title to the goods or has taken or retained a security interest in the goods under a form of contract designated either as a conditional sale, chattel mortgage or otherwise.

AB969, s. 46 Section 46. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and amended to read:

AB969,19,5 218.0101 (33) "Retail seller" means a person, firm or corporation selling or agreeing to sell one or more motor vehicles under a retail instalment contract to a buyer for the latter's buyer's personal use or consumption thereof.

AB969, s. 47 Section 47. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and amended to read:

AB969,19,13 218.0101 (34) (a) "Sales finance company" means and includes any person, firm or corporation engaging in the business, in whole or in part, of acquiring by purchase or by loan on the security thereof, or otherwise, retail instalment contracts or consumer leases from retail sellers or lessors in this state, including or of making loans to retail sellers or lessors in this state secured by the sellers' or lessors' retail instalment contracts or consumer leases,

AB969,19,16 (b) "Sales finance company" includes any motor vehicle dealer who sells or leases any motor vehicle on an instalment contract or consumer lease or acquires any retail instalment contracts in the dealer's retail sales or leases of motor vehicles.

AB969, s. 48 Section 48. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).

AB969, s. 49 Section 49. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).

AB969, s. 50 Section 50. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).

AB969, s. 51 Section 51. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).

AB969, s. 52 Section 52. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and amended to read:

AB969,20,2 218.0111 (1) (intro.) The department of transportation shall issue the licenses provided for in sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over the licensees thereunder in respect to all of the provisions of this section ss. 218.0101 to 218.0163, except only as to such matters as that the division of banking shall have jurisdiction and control over all of the following:

AB969,20,5 (a) Matters that relate to the sale of motor vehicles on retail instalment contracts and the financing and servicing of such those retail instalment contracts and as to such matters as.

AB969,20,9 (b) Matters that relate to prelease agreements under sub. (6x) s. 218.0144 and consumer leases under chs. 421 to 427 and 429, over which matter the division of banking shall have jurisdiction and control, and the division of banking shall issue the.

AB969,20,10 (c) The issuance of licenses to sales finance companies.