SB99, s. 232
4Section
232. 218.01 (3r) (e) 3. of the statutes is renumbered 218.0133 (5) (c)
5and amended to read:
SB99,78,106
218.0133
(5) (c)
Paragraph (b) Subsection (2) does not apply to property under
7par. (b) 2. to 5. sub. (2) (b) to (e) that is acquired by a motor vehicle dealer from another
8motor vehicle dealer if the property is acquired after the motor vehicle dealer receives
9or gives notice of termination, cancellation or nonrenewal or if the property was
10acquired other than in the ordinary course of the motor vehicle dealer's business.
SB99, s. 233
11Section
233. 218.01 (3r) (e) 4. of the statutes is renumbered 218.0133 (5) (d)
12and amended to read:
SB99,78,1613
218.0133
(5) (d)
Paragraph (d) Subsection (4) does not apply if a grantor
14terminates, cancels or fails to renew an agreement in compliance with
sub. (3) (a) 17. 15s. 218.0116 (1) (i), unless the primary ground for termination, cancellation or
16nonrenewal is inadequate sales performance by the motor vehicle dealer.
SB99, s. 234
17Section
234. 218.01 (3r) (f) of the statutes is renumbered 218.0133 (6) and
18amended to read:
SB99,78,2119
218.0133
(6) (a) This
subsection
section does not restrict the right of a motor
20vehicle dealer to pursue any other remedy available against a grantor who
21terminates, cancels or does not renew an agreement.
SB99,78,2422
(b) A grantor may not make the termination benefits payments under
par. (b)
23or (d) sub. (2) or (4) contingent on the motor vehicle dealer releasing or waiving any
24rights, claims or remedies.
SB99, s. 235
25Section
235. 218.01 (3x) (title) of the statutes is renumbered 218.0134 (title).
SB99, s. 236
1Section
236. 218.01 (3x) (a) of the statutes is renumbered 218.0134 (1) and
2amended to read:
SB99,79,73
218.0134
(1) In this
subsection section, "affected grantor" means a
4manufacturer on direct dealerships, a distributor on indirect dealerships or an
5importer on direct dealerships that has entered into an agreement with a motor
6vehicle dealer and that is directly affected by an action proposed to be undertaken
7by the dealer under this
subsection section.
SB99, s. 237
8Section
237. 218.01 (3x) (b) of the statutes is renumbered 218.0134 (2) and
9amended to read:
SB99,79,2210
218.0134
(2) (a) If a motor vehicle dealer's agreement with an affected grantor
11requires the grantor's prior approval of an action proposed to be undertaken by the
12dealer under this
subsection section, a dealer may not voluntarily change its
13ownership or executive management, transfer its dealership assets to another
14person, add another franchise at the same location as its existing franchise or
15relocate a franchise without giving prior written notice of the proposed action to the
16affected grantor and to the department of transportation. Within 20 days after
17receiving the notice, the affected grantor may serve the dealer with a written list of
18the information not already known or in the possession of the grantor that is
19reasonably necessary in order for the grantor to determine whether the proposed
20action should be approved. The grantor shall, in good faith, confirm in writing to the
21dealer the date on which it has received from the dealer or from other sources all the
22information specified on the list.
SB99,80,1223
(b) An affected grantor who does not approve of the proposed action shall,
24within 30 days after receiving the dealer's written notice of the proposed action or
25within 30 days after receiving all the information specified in a written list served
1on the dealer under
subd. 1. par. (a), whichever is later, file with the department of
2transportation and serve upon the dealer a written statement of the reasons for its
3disapproval. The reasons given for the disapproval or any explanation of those
4reasons by the manufacturer, distributor or importer shall not subject the
5manufacturer, distributor or importer to any civil liability unless the reasons given
6or explanations made are malicious and published with the sole intent to cause harm
7to the dealer or a transferee of the dealer. Failure to file and serve a statement within
8the applicable period shall, notwithstanding the terms of any agreement, constitute
9approval of the proposed action by the grantor. If an affected grantor files a written
10statement within the applicable period, the dealer may not voluntarily undertake
11the proposed action unless it receives an order permitting it to do so from the division
12of hearings and appeals under
par. (c) 2. sub. (3) (b).
SB99,80,1913
(c) A dealer who is served with a written statement by an affected grantor under
14subd. 2. par. (b) may file with the department of transportation and the division of
15hearings and appeals and serve upon the affected grantor a complaint for the
16determination of whether there is good cause for permitting the proposed action to
17be undertaken. The division of hearings and appeals shall promptly schedule a
18hearing and decide the matter. The proposed action may not be undertaken pending
19the determination of the matter.
SB99, s. 238
20Section
238. 218.01 (3x) (c) of the statutes is renumbered 218.0134 (3).
SB99, s. 239
21Section
239. 218.01 (3x) (d) (intro.) of the statutes is renumbered 218.0134 (4)
22(intro.) and amended to read:
SB99,80,2323
218.0134
(4) (intro.) This
subsection
section does not apply to:
SB99, s. 240
24Section
240. 218.01 (3x) (d) 1. of the statutes is renumbered 218.0134 (4) (a).
SB99, s. 241
1Section
241. 218.01 (3x) (d) 2. of the statutes is renumbered 218.0134 (4) (b)
2and amended to read:
SB99,81,53
218.0134
(4) (b) A proposed action that would require an affected grantor to
4give notice under
sub. (3) (f) 1. s. 218.0116 (7) (a), except that the dealer must have
5the affected grantor's written approval before undertaking any such proposed action.
SB99, s. 242
6Section
242. 218.01 (3x) (d) 3. (intro.) of the statutes is renumbered 218.0134
7(4) (c) (intro.).
SB99, s. 243
8Section
243. 218.01 (3x) (d) 3. a. of the statutes is renumbered 218.0134 (4)
9(c) 1.
SB99, s. 244
10Section
244. 218.01 (3x) (d) 3. b. of the statutes is renumbered 218.0134 (4)
11(c) 2. (intro.) and amended to read:
SB99,81,1712
218.0134
(4) (c) 2. (intro.) The proposed change of ownership or transfer of
13dealership assets does not involve the transfer of assets or the transfer or issuance
14of stock by the dealer or one or more dealer owners to one or more immediate family
15members of one or more dealer owners or to a qualifying member of the dealer's
16management or to a partnership, limited liability company or corporation controlled
17by
such those persons. In this
subd. 3. b., "immediate subdivision:
SB99,81,19
18a. "Immediate family member" means the spouse, child, grandchild, spouse of
19a child or grandchild, brother, sister or parent of the dealer owner
; and "qualifying.
SB99,81,22
20b. "Qualifying member of the dealer's management" means an individual who
21has been employed by the dealer for at least 2 years and who otherwise qualifies as
22a dealer operator.
SB99, s. 245
23Section
245. 218.01 (3x) (d) 3. c. of the statutes is renumbered 218.0134 (4) (c)
243. and amended to read:
SB99,82,10
1218.0134
(4) (c) 3. The affected grantor agrees to pay the reasonable expenses,
2including reasonable attorney fees that do not exceed the usual, customary and
3reasonable fees charged for similar work done for other clients, incurred by the
4proposed new owner or transferee before the grantor's exercise of its right of first
5refusal in negotiating and implementing the contract for the proposed change of
6ownership or transfer of dealership assets. Notwithstanding this
subd. 3. c. 7subdivision, no payment of expenses and attorney fees shall be required if the dealer
8has not submitted or caused to be submitted an accounting of those expenses within
97 days after the dealer's receipt of the affected grantor's written request for an
10accounting.
SB99, s. 246
11Section
246. 218.01 (3x) (d) 4. of the statutes is renumbered 218.0134 (4) (d).
SB99, s. 247
12Section
247. 218.01 (4) of the statutes is renumbered 218.0151 and amended
13to read:
SB99,82,19
14218.0151 Advisory committee. The licensor may appoint annually one or
15more local advisory committees and one general advisory committee, each consisting
16of not more than 9 members. The committees upon request of the licensor may advise
17and assist the licensor in the administration of
this section ss. 218.0101 to 218.0163.
18The members of
said the committees shall receive no compensation for their services
19or expenses.
SB99, s. 248
20Section
248. 218.01 (5) (title) of the statutes is renumbered 218.0152 (title).
SB99, s. 249
21Section
249. 218.01 (5) (a) of the statutes is renumbered 218.0152 (1) and
22amended to read:
SB99,83,623
218.0152
(1) The licensor shall promote the interests of retail buyers and
24lessees of motor vehicles relating to default, delinquency, repossession or collection
25charges and the refund of the finance charge and insurance premium on prepayment
1of the instalment contract or consumer lease. It may define unfair practices in the
2motor vehicle industry and trade between licensees or between any licensees and
3retail buyers, lessees or prospective lessees of motor vehicles, but may not limit the
4price at which licensees may sell, assign or transfer receivables, contracts or other
5evidence of any obligation arising out of an instalment sale or consumer lease made
6under
this section ss. 218.0101 to 218.0163.
SB99, s. 250
7Section
250. 218.01 (5) (b) 1. of the statutes is renumbered 218.0152 (2) (a)
8(intro.) and amended to read:
SB99,83,119
218.0152
(2) (a) (intro.) The division of banking, department of transportation
10and division of hearings and appeals shall have the power in hearings arising under
11this chapter to
determine do all of the following:
SB99,83,13
121. Determine the place, in this state, where
they the hearings shall be held
; to
13subpoena.
SB99,83,14
142. Subpoena witnesses and documents
; to take.
SB99,83,18
153. Take and permit the taking of depositions of witnesses residing in or outside
16of this state and to otherwise permit the discovery and preservation of evidence
17before hearing, in the manner provided for in civil actions in courts of record
; to pay
18such.
SB99,83,21
194. Pay the witnesses
described in subd. 2 the fees and mileage for their
20attendance
as is that are provided for witnesses in civil actions in courts of record
;
21and to administer.
SB99,83,22
225. Administer oaths.
SB99, s. 251
23Section
251. 218.01 (5) (b) 2. of the statutes is renumbered 218.0152 (2) (b) and
24amended to read:
SB99,84,5
1218.0152
(2) (b) If the licensor has reason to believe that a violation of
this
2section ss. 218.0101 to 218.0163 has occurred, the licensor may issue subpoenas to
3compel the attendance of persons to be examined or the production of materials
4regarding the violation. Subpoenas shall be issued and served in accordance with
5ch. 885.
SB99, s. 252
6Section
252. 218.01 (5) (b) 3. of the statutes is renumbered 218.0152 (2) (c) and
7amended to read:
SB99,84,208
218.0152
(2) (c) A person providing information under this
paragraph 9subsection may request that the information be designated as a trade secret, as
10defined in s. 134.90 (1) (c), or as confidential business information. The division of
11hearings and appeals or licensor shall approve the designation if the person
12providing the information demonstrates that the release of the information would
13adversely affect the person's competitive position. At least 15 days before any
14information designated as a trade secret or as confidential business information is
15disclosed to any other person, the division of hearings and appeals or licensor shall
16notify the person providing the information. The person providing the information
17may seek a court order limiting or prohibiting the disclosure
. In such cases,, in which
18case the court shall weigh the need for confidentiality of the information against the
19public interest in disclosure. Confidentiality is waived if the person providing the
20information consents in writing to disclosure.
SB99, s. 253
21Section
253. 218.01 (5) (c) of the statutes is renumbered 218.0152 (3) and
22amended to read:
SB99,85,223
218.0152
(3) The licensor may
make
promulgate such rules
and regulations as
24it shall deem as it considers necessary or proper for the effective administration and
25enforcement of
this section ss. 218.0101 to 218.0163, but no licensee shall be subject
1to examination or audit by the licensor except as provided in
sub. (3) (d) s. 218.0116
2(5).
SB99, s. 254
3Section
254. 218.01 (5m) (title) of the statutes is renumbered 218.0141 (title).
SB99, s. 255
4Section
255. 218.01 (5m) (a) of the statutes is renumbered 218.0141 and
5amended to read:
SB99,85,8
6218.0141 No contract for the sale of a motor vehicle shall contain a clause
7which, upon nonacceptance of the vehicle by the buyer, would subject the buyer to
8a penalty greater than 5
per cent percent of the cash price of the vehicle.
SB99, s. 256
9Section
256. 218.01 (6) (title) of the statutes is renumbered 218.0142 (title).
SB99, s. 257
10Section
257. 218.01 (6) (a) of the statutes is renumbered 218.0142 (1).
SB99, s. 258
11Section
258. 218.01 (6) (b) of the statutes is renumbered 218.0142 (2) (a)
12(intro.) and amended to read:
SB99,85,1513
218.0142
(2) (a) (intro.) Prior to or concurrent with any instalment sale, the
14seller shall deliver to the buyer a written statement
clearly describing
clearly the all
15of the following:
SB99,85,16
161. The motor vehicle sold to the buyer
, the.
SB99,85,17
172. The cash sale price
, the.
SB99,85,18
183. The cash paid down by the buyer
, the.
SB99,85,19
194. The amount credited the buyer for any trade-in
and a.
SB99,85,20
205. A description of the trade-in,
the
.
SB99,85,21
215m. The cost to the retail buyer of any insurance
, the.
SB99,85,23
226. The amount financed
, which may include the cost of insurance
, and sales and
23use taxes
, the.
SB99,85,24
247. The amount of the finance charge
, the.
SB99,85,25
258. The amount of any other charge specifying its purpose
, the.
SB99,86,1
19. The total of payments due from the buyer
, the.
SB99,86,3
210. The terms of
the payment of
such the total
, the of payments due from the
3buyer.
SB99,86,5
411. The amount and date of each payment necessary
finally to pay the total
and
5a finally.
SB99,86,6
612. A summary of any insurance coverage to be effected.
SB99,86,8
7(b) The division of banking may determine the form of the statement
required
8under par. (a).
SB99,86,11
9(c) If a written order is taken from a prospective purchaser in connection with
10any instalment sale, the written statement
described in par. (a) shall be given to the
11purchaser prior to or concurrent with the signing of the order by the purchaser.
SB99, s. 259
12Section
259. 218.01 (6) (bp) of the statutes is renumbered 218.0142 (3).
SB99, s. 260
13Section
260. 218.01 (6) (c) of the statutes is renumbered 218.0142 (4) and
14amended to read:
SB99,86,2215
218.0142
(4) An exact copy of the instalment sale contract and any note or notes
16given in connection
therewith with the contract shall be furnished by the seller to the
17buyer at the time the buyer signs
such the contract. The buyer's copy of the contract
18shall contain the signature of the seller identical with the signature on the original
19contract. No contract shall be signed in blank except that a detailed description of
20the motor vehicle including the serial number or other identifying marks of the
21vehicle sold which are not available at the time of execution of
such the contract may
22be filled in before final delivery of the motor vehicle.
SB99, s. 261
23Section
261. 218.01 (6) (d) of the statutes is renumbered 218.0142 (5) and
24amended to read:
SB99,87,4
1218.0142
(5) A violation of
par. (a), (b) or (bp) sub. (1), (2) or (3) bars recovery
2of any finance charge by the seller, or an assignee of the seller who, at the time of the
3assignment, had knowledge of the violation, in any suit upon a sales contract arising
4from the sale where the violation occurred.
SB99, s. 262
5Section
262. 218.01 (6) (e) of the statutes is renumbered 218.0142 (6) (a)
6(intro.) and amended to read:
SB99,87,97
218.0142
(6) (a) (intro.)
Prior to 30 days after acquisition of any retail
8instalment contract from a retail seller, every finance company shall
mail do all of
9the following:
SB99,87,11
101. Mail or deliver to the retail buyer a written notice that
it the finance company 11has acquired the retail instalment contract from the retail seller
, and shall also mail.
SB99,87,16
122. Mail or cause to be mailed with the notice
described in subd. 1. a statement
13of the particulars of the retail instalment contract price required under
par. (b) sub.
14(2) to be stated by the retail seller, in accordance with the finance company's records
15respecting
such the particulars
of the retail instalment contract, including the
16amount of the finance charge.
SB99,87,23
17(b) Every finance company, if insurance is provided by
it the finance company,
18shall also within
the 30 days
after acquisition of the retail instalment contract send
19or cause to be sent to the retail buyer a policy of insurance clearly setting forth the
20exact nature of the insurance coverage and the amount of the premiums, each stated
21separately, which shall be filed with the commissioner of insurance in accordance
22with ch. 625. The cancellation and rewriting of any
such policy
provided by the
23finance company shall comply with the requirements of s. 631.69.
SB99, s. 263
24Section
263. 218.01 (6) (em) of the statutes is renumbered 218.0142 (7) and
25amended to read:
SB99,88,5
1218.0142
(7) In the event that the dealer shall finance the instalment sale
2contract, the division of banking may permit the dealer to combine the information
3required by
pars. (b) and (e) last above subs. (2) and (6) in one statement under
such 4rules
and regulations as that the division of banking may from time to time
prescribe 5promulgate.
Note: Modernizes language in accordance with current drafting style and usage.
SB99, s. 264
6Section
264. 218.01 (6) (f) of the statutes is renumbered 218.0142 (8) and
7amended to read:
SB99,88,148
218.0142
(8) Any retail buyer of a motor vehicle
, resident in the state of
9Wisconsin, at the time of purchase, under a retail instalment contract
, who is a
10resident of this state at the time of purchase shall have a valid defense in any action
11or proceeding at law to enforce
said the contract by any finance company
that is not
12licensed
hereunder and which has purchased or otherwise acquired
such the 13contract
, if
such the finance company has wilfully failed or refused to comply with
14par. (e) sub. (6).
SB99, s. 265
15Section
265. 218.01 (6) (g) of the statutes is renumbered 218.0142 (9) (intro.)
16and amended to read:
SB99,88,2217
218.0142
(9) (intro.)
Any retail buyer of a motor vehicle
, resident of the state
18of Wisconsin at the time of purchase, under a retail instalment contract made in this
19state
, who is a resident of this state at the time of purchase shall have a valid defense
20against the recovery of the principal, finance charge and other fees included in the
21contract
, in any action or proceeding at law to enforce the contract by any person who
22has purchased or otherwise acquired the contract
, if
all of the
following are true:
SB99,89,3
1(a) The person
who acquired the contract has failed or refused prior to the
2purchase or acquisition to be licensed as a sales finance company under
this section,
3and the ss. 218.0101 to 218.0163.
SB99,89,5
4(b) The person
who acquired the contract is actually engaged in business, in
5whole or in part as a sales finance company.
SB99, s. 266
6Section
266. 218.01 (6) (h) of the statutes is renumbered 218.0142 (10) and
7amended to read: