SB99,47,2220 218.0116 (1) (g) Having sold a retail instalment contract or consumer lease to
21a sales finance company that is not licensed hereunder under ss. 218.0101 to
22218.0163
.
SB99, s. 137 23Section 137. 218.01 (3) (a) 14. of the statutes is renumbered 218.0116 (1) (gm).
SB99, s. 138
1Section 138. 218.01 (3) (a) 15. of the statutes is renumbered 218.0116 (1) (h)
2and amended to read:
SB99,48,93 218.0116 (1) (h) Being a manufacturer, importer or distributor who has coerced
4or attempted to coerce any motor vehicle dealer to order any commodity or service
5or to accept delivery of or pay for any commodity or service that the motor vehicle
6dealer has not ordered. This subdivision paragraph does not modify or prohibit
7reasonable requirements in a franchise agreement that require a dealer to market
8and service a representative line of new motor vehicles that the manufacturer,
9importer or distributor is publicly advertising.
SB99, s. 139 10Section 139. 218.01 (3) (a) 16. of the statutes is renumbered 218.0116 (1) (hm)
11and amended to read:
SB99,48,2012 218.0116 (1) (hm) Being a manufacturer of motor vehicles, factory branch,
13distributor, field representative, officer, agent or any representative whatsoever of
14such a motor vehicle manufacturer or factory branch, who has attempted to induce
15or coerce, or has induced or coerced, any motor vehicle dealer to enter into any
16agreement with such the manufacturer, factory branch or representative thereof of
17the motor vehicle manufacturer or factory branch
, or to do any other act unfair to said
18the dealer, by threatening to cancel any franchise existing between such the
19manufacturer, factory branch or representative thereof of the motor vehicle
20manufacturer or factory branch
and said the dealer.
SB99, s. 140 21Section 140. 218.01 (3) (a) 17. of the statutes is renumbered 218.0116 (1) (i)
222. and amended to read:
SB99,49,1623 218.0116 (1) (i) 2. Subject to sub. (3n) s. 218.0132, being a manufacturer,
24importer or distributor who has unfairly, without due regard to the equities or
25without just provocation, directly or indirectly canceled or failed to renew the

1franchise of any motor vehicle dealer; or being a manufacturer or importer, who has
2unfairly, without due regard to the equities or without just provocation, directly or
3indirectly canceled or failed to renew the franchise of any distributor. If there is a
4change in a manufacturer, importer or distributor, a motor vehicle dealer's franchise
5granted by the former manufacturer, importer or distributor shall continue in full
6force and operation under the new manufacturer, importer or distributor unless a
7mutual agreement of cancellation is filed with the department of transportation
8between the new manufacturer, importer or distributor and the dealer. In this
9subdivision, "due regard to the equities" means treatment in enforcing an agreement
10that is fair and equitable to a motor vehicle dealer or distributor and that is not
11discriminatory compared to similarly situated dealers or distributors; and "just
12provocation" means a material breach by a motor vehicle dealer or distributor, due
13to matters within the dealer's or distributor's control, of a reasonable and necessary
14provision of an agreement and the breach is not cured within a reasonable time after
15written notice of the breach has been received from the manufacturer, importer or
16distributor.
Note: The stricken definitions are recreated by this bill as s. 218.0116 (1) (i) 1. for
proper location according to current style.
SB99, s. 141 17Section 141. 218.01 (3) (a) 18. of the statutes is renumbered 218.0116 (1) (im)
182. and amended to read:
SB99,50,619 218.0116 (1) (im) 2. Having accepted an order or contract of purchase from a
20buyer or a consumer lease or prelease agreement from a lessee or prospective lessee
21if such the arrangement results in the practice of bushing. For the purpose of this
22section, "bushing" means, with respect to an order or contract of purchase, the
23practice of increasing the selling price of a motor vehicle above that originally quoted

1the purchaser as evidenced by a purchase order or contract which has been signed
2by both the purchaser and dealer licensee and, with respect to a consumer lease or
3prelease agreement, the practice of increasing the gross capitalized cost above that
4originally quoted the lessee or prospective lessee as evidenced by a consumer lease
5or prelease agreement which has been signed by both the lessee or prospective lessee
6and 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.
SB99, s. 142 7Section 142. 218.01 (3) (a) 19. of the statutes is renumbered 218.0116 (1) (j).
SB99, s. 143 8Section 143. 218.01 (3) (a) 20. of the statutes is renumbered 218.0116 (1) (jm)
9and amended to read:
SB99,50,1610 218.0116 (1) (jm) Having set up, promoted or aided in the promotion of a plan
11by which motor vehicles are sold or leased to a person for a consideration and upon
12the further consideration that the purchaser or lessee agrees to secure one or more
13persons to participate in the plan by respectively making a similar purchase or lease
14and in turn agreeing to secure one or more persons likewise to join in said the plan,
15each purchaser or lessee being given the right to secure money, credits, goods or
16something of value, depending upon the number of persons joining in the plan.
SB99, s. 144 17Section 144. 218.01 (3) (a) 21. of the statutes is renumbered 218.0116 (1) (k)
18and amended to read:
SB99,51,219 218.0116 (1) (k) Being a dealer who keeps open the dealer's place of business
20on Sunday for the purpose of buying, leasing or selling motor vehicles; but nothing
21in this subdivision paragraph shall apply to any person who conscientiously believes
22that the 7th day of the week, from sunset Friday to sunset Saturday, should be
23observed as the Sabbath and who actually refrains from conducting or engaging in

1the business of buying, leasing, selling or offering for lease or sale motor vehicles, or
2performing other secular business on that day.
SB99, s. 145 3Section 145. 218.01 (3) (a) 22. of the statutes is renumbered 218.0116 (1) (km)
4and amended to read:
SB99,51,75 218.0116 (1) (km) Being a manufacturer, importer or distributor who violates
6sub. (2c), (2d), (2f), (2g) or (2w) s. 218.0121, 218.0122, 218.0123, 218.0124 or
7218.0125
.
SB99, s. 146 8Section 146. 218.01 (3) (a) 23. of the statutes is renumbered 218.0116 (1) (L)
9and amended to read:
SB99,51,1410 218.0116 (1) (L) Being a motor vehicle dealer who, in breach of an agreement,
11voluntarily changes its ownership or executive management, transfers its
12dealership assets to another person, adds another franchise at the same location as
13its existing franchise, or relocates a franchise without first complying with the
14procedures in sub. (3x) s. 218.0134.
SB99, s. 147 15Section 147. 218.01 (3) (a) 24. of the statutes is renumbered 218.0116 (1) (Lm)
16and amended to read:
SB99,51,2217 218.0116 (1) (Lm) Being a manufacturer, importer or distributor who fails to
18comply with the procedures in sub. (3x) s. 218.0134 regarding a dealer's request for
19approval of a change of ownership or executive management, transfer of its
20dealership assets to another person, adding another franchise at the same location
21as its existing franchise, or relocation of a franchise or who fails to comply with an
22order of the division of hearings and appeals issued under sub. (3x) s. 218.0134.
SB99, s. 148 23Section 148. 218.01 (3) (a) 25. of the statutes is renumbered 218.0116 (1) (m).
SB99, s. 149 24Section 149. 218.01 (3) (a) 26. of the statutes is renumbered 218.0116 (1) (mm)
25and amended to read:
SB99,52,8
1218.0116 (1) (mm) Being a manufacturer, factory branch, distributor, field
2representative, officer, agent or any representative of such a manufacturer, factory
3branch or distributor who, notwithstanding the terms of any agreement, refuses to
4honor the succession to the ownership or operation of a dealership under an existing
5franchise agreement by a designated family member of a deceased or incapacitated
6dealer, except in the manner prescribed by sub. (3c) s. 218.0131, or who unreasonably
7withholds its approval of a change of ownership or executive management of the
8dealership after the dealer's death or incapacity.
SB99, s. 150 9Section 150. 218.01 (3) (a) 27. of the statutes is renumbered 218.0116 (1) (n).
SB99, s. 151 10Section 151. 218.01 (3) (a) 28. of the statutes is renumbered 218.0116 (1) (nm)
11and amended to read:
SB99,52,1412 218.0116 (1) (nm) Wilful failure to provide and maintain facilities and business
13records as required by this section ss. 218.0101 to 218.0163 or by any rule
14promulgated by the licensor pertaining to facility and business records.
SB99, s. 152 15Section 152. 218.01 (3) (a) 29. of the statutes is renumbered 218.0116 (1) (o).
SB99, s. 153 16Section 153. 218.01 (3) (a) 30. of the statutes is renumbered 218.0116 (1) (om).
SB99, s. 154 17Section 154. 218.01 (3) (a) 31. of the statutes is renumbered 218.0116 (1) (p)
18and amended to read:
SB99,52,1919 218.0116 (1) (p) Having violated an order issued under par. (h) sub. (10).
SB99, s. 155 20Section 155. 218.01 (3) (a) 32. of the statutes is renumbered 218.0116 (1) (pm)
21and amended to read:
SB99,52,2522 218.0116 (1) (pm) Being a manufacturer, factory branch or distributor who
23enters into a franchise agreement establishing or relocating a motor vehicle
24dealership, parts outlet or service outlet in a relevant market area without first
25complying with the procedure in par. (f) 1. sub. (7) (a).
SB99, s. 156
1Section 156. 218.01 (3) (a) 35. of the statutes is renumbered 218.0116 (1) (q)
2and amended to read:
SB99,53,53 218.0116 (1) (q) Being a manufacturer, factory branch or distributor who
4engages in any action which transfers to a motor vehicle dealer any responsibility of
5the manufacturer, factory branch or distributor under s. 218.015 218.0171.
SB99, s. 157 6Section 157. 218.01 (3) (a) 36. (intro.) of the statutes is renumbered 218.0116
7(1) (qm) (intro.).
SB99, s. 158 8Section 158. 218.01 (3) (a) 36. a. of the statutes is renumbered 218.0116 (1)
9(qm) 1. and amended to read:
SB99,53,1210 218.0116 (1) (qm) 1. Fails to notify the department of transportation of any
11revision or addition to an agreement as required under sub. (2) (bd) 1. s. 218.0114 (7)
12(a) 2.
SB99, s. 159 13Section 159. 218.01 (3) (a) 36. b. of the statutes is renumbered 218.0116 (1)
14(qm) 2. and amended to read:
SB99,53,1715 218.0116 (1) (qm) 2. Fails to revise or remove portions of an agreement that the
16department of transportation declares to contain provisions which are inconsistent
17with sub. (2) (bm) s. 218.0114 (9).
SB99, s. 160 18Section 160. 218.01 (3) (a) 36. c. of the statutes is renumbered 218.0116 (1)
19(qm) 3. and amended to read:
SB99,53,2320 218.0116 (1) (qm) 3. Requires or coerces a dealer or distributor to execute sign
21an agreement, as a condition of obtaining or continuing a franchise, that contains
22provisions that are void or prohibited under sub. (2) (bm) s. 218.0114 (9) or attempts
23to enforce an agreement with void or prohibited provisions.
SB99, s. 161 24Section 161. 218.01 (3) (a) 36. d. of the statutes is renumbered 218.0116 (1)
25(qm) 4. (intro.) and amended to read:
SB99,54,9
1218.0116 (1) (qm) 4. (intro.) Requires or coerces a dealer or distributor to
2execute sign an agreement that requires arbitration as a condition of obtaining or
3continuing a franchise, unless the dealer or distributor has the option of signing an
4otherwise identical agreement without the arbitration provision or unless the
5agreement provides for arbitration on a case-by-case basis and only when both
6parties elect to refer the matter to arbitration. This subd. 36. d. subdivision does not
7apply to a manufacturer or distributor who enters into an agreement that creates a
8new franchise for a new line make of motor vehicle, if the each of the following is
9applicable:
SB99,54,11 10a. The arbitration provision was the subject of good faith negotiations with a
11representative group of dealers, and if each.
SB99,54,14 12b. Each dealer voluntarily accepts the arbitration provision after receiving a
13franchise offering circular under s. 553.27 (4) that discloses the existence and effect
14of the arbitration provision, and if the.
SB99,54,17 15c. The manufacturer or dealer files a copy of the franchise offering circular and
16proof of good faith negotiation and voluntary acceptance of the arbitration with any
17filing required under sub. (2) (bd) 1. s. 218.0114 (7) (a).
SB99, s. 162 18Section 162. 218.01 (3) (a) 37. of the statutes is renumbered 218.0116 (1) (r)
19and amended to read:
SB99,54,2320 218.0116 (1) (r) Being a manufacturer, distributor or importer who fails to
21designate in writing the area of sales responsibility assigned to a motor vehicle
22dealer or who changes or attempts to change an area of sales responsibility to avoid
23the requirements of par. (f) sub. (7).
SB99, s. 163 24Section 163. 218.01 (3) (a) 38. of the statutes is renumbered 218.0116 (1) (rm)
25and amended to read:
SB99,55,3
1218.0116 (1) (rm) Being a grantor, as defined in sub. (3r) (a) 2. s. 218.0133 (1)
2(b)
, who fails to pay a motor vehicle dealer agreement termination benefits under
3sub. (3r) s. 218.0133.
SB99, s. 164 4Section 164. 218.01 (3) (a) 39. of the statutes is renumbered 218.0116 (1) (s)
5and amended to read:
SB99,55,86 218.0116 (1) (s) Being a manufacturer or distributor who modifies a motor
7vehicle dealer agreement during the term of the agreement or upon its renewal
8without complying with par. (fm) sub. (8).
SB99, s. 165 9Section 165. 218.01 (3) (a) 40. of the statutes is renumbered 218.0116 (1) (sm)
10and amended to read:
SB99,55,1111 218.0116 (1) (sm) Having violated s. 218.017 218.0172.
SB99, s. 166 12Section 166. 218.01 (3) (a) 41. of the statutes is renumbered 218.0116 (1) (t)
13and amended to read:
SB99,55,2114 218.0116 (1) (t) Being a manufacturer, importer or distributor who compels a
15dealer, through a financing subsidiary of the manufacturer, importer or distributor,
16to agree to unreasonable operating requirements or who directly or indirectly cancels
17or fails to renew a dealer's franchise, except as allowed under subs. (3) (a) 17. and (3n)
18par. (i) and s. 218.0132, through the actions of a financing subsidiary of the
19manufacturer, importer or distributor. This subdivision paragraph does not limit the
20right of a financing subsidiary to engage in business practices in accordance with the
21usages of the trade in which it is engaged.
SB99, s. 167 22Section 167. 218.01 (3) (a) 42. of the statutes is renumbered 218.0116 (1) (tm)
23and amended to read:
SB99,56,3
1218.0116 (1) (tm) Being a licensee who wilfully refuses or fails to participate
2in mediation pursuant to a demand for mediation served under sub. (7m) (a) s.
3218.0136 (1)
.
SB99, s. 168 4Section 168. 218.01 (3) (a) 43. of the statutes is renumbered 218.0116 (1) (u).
SB99, s. 169 5Section 169. 218.01 (3) (ag) of the statutes is renumbered 218.0116 (1g) and
6amended to read:
SB99,56,157 218.0116 (1g) (a) A license described in sub. (2) (d) s. 218.0114 (14) shall be
8denied, restricted, limited or suspended if the applicant or licensee is an individual
9who fails to comply, after appropriate notice, with a subpoena or warrant issued by
10the department of workforce development or a county child support agency under s.
1159.53 (5) and related to paternity or child support proceedings or who is delinquent
12in making court-ordered payments of child or family support, maintenance, birth
13expenses, medical expenses or other expenses related to the support of a child or
14former spouse, as provided in a memorandum of understanding entered into under
15s. 49.857.
SB99,56,1816 (b) A license described in par. (d) 1., 2., 3. or 5. s. 218.0114 (14) (a), (b), (c) or (e)
17shall be suspended or revoked if the department of revenue certifies under s. 73.0301
18that the applicant or licensee is liable for delinquent taxes.
SB99,56,2119 (c) No provision of this section ss. 218.0101 to 218.0163 that entitles an
20applicant or licensee to a notice or hearing applies to a denial, restriction, limitation,
21suspension or revocation of a license under this paragraph subsection.
SB99, s. 170 22Section 170. 218.01 (3) (am) of the statutes is renumbered 218.0116 (1m) and
23amended to read:
SB99,56,2524 218.0116 (1m) (a) A license described in sub. (2) (dr) s. 218.0114 (16) shall be
25denied if any of the follow following applies:
SB99,57,2
11. The applicant fails to provide the information required under sub. (2) (ig) 1.
2s. 218.0114 (21g) (a).
SB99,57,73 2. The department of revenue certifies under s. 73.0301 that the applicant is
4liable for delinquent taxes. An applicant whose license is denied under this subd. 1.
5b.
subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1.
6b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or
7hearing under this subsection section.
SB99,57,178 3. The applicant is an individual who fails to comply, after appropriate notice,
9with a subpoena or warrant issued by the department of workforce development or
10a county child support agency under s. 59.53 (5) and related to paternity or child
11support proceedings or who is delinquent in making court-ordered payments of child
12or family support, maintenance, birth expenses, medical expenses or other expenses
13related to the support of a child or former spouse, as provided in a memorandum of
14understanding entered into under s. 49.857. An applicant whose application is
15denied under this subd. 1. c. subdivision is entitled to a notice and hearing under s.
1649.857 but is not entitled to any other notice or hearing under this section ss.
17218.0101 to 218.0163
.
SB99,58,318 (b) A license described in sub. (2) (dr) s. 218.0114 (16) shall be restricted or
19suspended if the licensee is an individual who fails to comply, after appropriate
20notice, with a subpoena or warrant issued by the department of workforce
21development or a county child support agency under s. 59.53 (5) and related to
22paternity or child support proceedings or who is delinquent in making court-ordered
23payments of child or family support, maintenance, birth expenses, medical expenses
24or other expenses related to the support of a child or former spouse, as provided in
25a memorandum of understanding entered into under s. 49.857. A licensee whose

1license is restricted or suspended under this subdivision paragraph is entitled to a
2notice and hearing under s. 49.857 but is not entitled to any other notice or hearing
3under this section ss. 218.0101 to 218.0163.
SB99,58,94 (c) A license described in sub. (2) (dr) s. 218.0114 (16) shall be revoked if the
5department of revenue certifies under s. 73.0301 that the licensee is liable for
6delinquent taxes. A licensee whose license is revoked under this subdivision
7paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and
8hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing
9under this subsection section.
SB99, s. 171 10Section 171. 218.01 (3) (b) of the statutes is renumbered 218.0116 (2) and
11amended to read:
SB99,58,1712 218.0116 (2) The licensor may without prior notice deny the application for a
13license within 60 days after receipt thereof of the application by written notice to the
14applicant, stating the grounds for such the denial. Within 30 days after such
15receiving the notice, the applicant may petition the division of hearings and appeals
16to conduct a hearing to review the denial, and a hearing shall be scheduled with
17reasonable promptness.
Note: "[P]rior" is inserted to eliminate an internal inconsistency.
SB99, s. 172 18Section 172. 218.01 (3) (bf) of the statutes is renumbered 218.0116 (3) and
19amended to read:
SB99,59,420 218.0116 (3) (a) 1. Except as provided in subd. 1. b. 2., the department of
21transportation shall not license an applicant as a dealer an applicant for the sale or
22lease of motor vehicles at retail unless such the applicant owns or leases a vehicle
23display lot and a permanent building wherein in which there are facilities to display
24motor vehicles and facilities to repair functional and nonfunctional parts of motor

1vehicles and, where replacement parts, repair tools and equipment to service motor
2vehicles are kept, and at which place of business shall be kept and maintained the
3books, records and files necessary to conduct the dealer's business shall be kept and
4maintained
.
SB99,59,6 51m. A residence, tent or temporary stand is not a sufficiently permanent place
6of business
building within the meaning of this paragraph subd. 1.
SB99,59,117 2. The requirements in subd. 1. a. that an applicant own or lease a vehicle
8display lot and that the permanent building owned or leased by the applicant contain
9facilities to display motor vehicles do not apply to persons who are engaged only in
10the leasing of motor vehicles and who do not maintain an inventory of motor vehicles
11offered for lease.
SB99,59,1712 (b) An approved service contract with an established repair shop having the
13repair parts and repair facilities specified in subd. par. (a) 1. shall serve in lieu of the
14applicant's owning or leasing the applicant's own repair facilities if such the service
15connection is within a reasonable distance from the applicant's place of business and
16if such the service connection guarantees in writing the making of the repairs or
17replacements ordered by the dealer.
SB99,59,1918 (c) This paragraph subsection does not apply to persons who deal only in
19mopeds or motor bicycles.
SB99, s. 173 20Section 173. 218.01 (3) (c) of the statutes is renumbered
218.0116 (4) and amended to read:
SB99,60,221 218.0116 (4) (a) No license may be suspended or revoked except after a hearing
22thereon on the possible suspension or revocation. Except as provided in subd. 2. par.
23(b)
, the licensor shall give the licensee at least 5 days' notice of the time and place of
24such the hearing, and the. The order suspending or revoking such the license shall

1not be effective until after 10 days' written notice thereof of the order to the licensee,
2after such the hearing under this paragraph has been had held.
SB99,60,73 (b) When in the licensor's opinion the best interest of the public or the trade
4demands it, for conduct or under circumstances specified in this section ss. 218.0101
5to 218.0163
or in rules promulgated by the licensor, the licensor may suspend a
6license upon not less than 24 hours' notice of hearing and with not less than 24 hours'
7notice of the suspension of the license.
SB99,60,148 (c) Matters involving suspensions or revocations brought before the
9department of transportation shall be heard and decided upon by the division of
10hearings and appeals. If the department of transportation requests the division of
11hearings and appeals to hear a matter brought before the department of
12transportation under subd. 2. par. (b), the division of hearings and appeals shall hear
13and decide the matter within 30 days after the date of the department of
14transportation's request.
SB99, s. 174 15Section 174. 218.01 (3) (d) of the statutes is renumbered 218.0116 (5) and
16amended to read:
SB99,60,2217 218.0116 (5) The licensor may inspect the pertinent books, records, letters and
18contracts of a licensee and shall determine the cost of an examination. The cost of
19an examination shall be paid by such the licensee so examined within 30 days after
20demand therefor for the examination by the licensor, and the. The licensor may
21maintain an action for the recovery of such the costs of the examination in any court
22of competent jurisdiction.
SB99, s. 175 23Section 175. 218.01 (3) (e) of the statutes is renumbered 218.0116 (6) and
24amended to read:
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