SB99: Bill Text

SB99, s. 241 Section 241. 218.01 (3x) (d) 2. of the statutes is renumbered 218.0134 (4) (b) and amended to read:

SB99,81,5 218.0134 (4) (b) A proposed action that would require an affected grantor to give notice under sub. (3) (f) 1. s. 218.0116 (7) (a), except that the dealer must have the affected grantor's written approval before undertaking any such proposed action.

SB99, s. 242 Section 242. 218.01 (3x) (d) 3. (intro.) of the statutes is renumbered 218.0134 (4) (c) (intro.).

SB99, s. 243 Section 243. 218.01 (3x) (d) 3. a. of the statutes is renumbered 218.0134 (4) (c) 1.

SB99, s. 244 Section 244. 218.01 (3x) (d) 3. b. of the statutes is renumbered 218.0134 (4) (c) 2. (intro.) and amended to read:

SB99,81,17 218.0134 (4) (c) 2. (intro.) The proposed change of ownership or transfer of dealership assets does not involve the transfer of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to one or more immediate family members of one or more dealer owners or to a qualifying member of the dealer's management or to a partnership, limited liability company or corporation controlled by such those persons. In this subd. 3. b., "immediate subdivision:

SB99,81,19 a. "Immediate family member" means the spouse, child, grandchild, spouse of a child or grandchild, brother, sister or parent of the dealer owner ; and "qualifying.

SB99,81,22 b. "Qualifying member of the dealer's management" means an individual who has been employed by the dealer for at least 2 years and who otherwise qualifies as a dealer operator.

SB99, s. 245 Section 245. 218.01 (3x) (d) 3. c. of the statutes is renumbered 218.0134 (4) (c) 3. and amended to read:

SB99,82,10 218.0134 (4) (c) 3. The affected grantor agrees to pay the reasonable expenses, including reasonable attorney fees that do not exceed the usual, customary and reasonable fees charged for similar work done for other clients, incurred by the proposed new owner or transferee before the grantor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. Notwithstanding this subd. 3. c. subdivision, no payment of expenses and attorney fees shall be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 7 days after the dealer's receipt of the affected grantor's written request for an accounting.

SB99, s. 246 Section 246. 218.01 (3x) (d) 4. of the statutes is renumbered 218.0134 (4) (d).

SB99, s. 247 Section 247. 218.01 (4) of the statutes is renumbered 218.0151 and amended to read:

SB99,82,19 218.0151 Advisory committee. The licensor may appoint annually one or more local advisory committees and one general advisory committee, each consisting of not more than 9 members. The committees upon request of the licensor may advise and assist the licensor in the administration of this section ss. 218.0101 to 218.0163. The members of said the committees shall receive no compensation for their services or expenses.

SB99, s. 248 Section 248. 218.01 (5) (title) of the statutes is renumbered 218.0152 (title).

SB99, s. 249 Section 249. 218.01 (5) (a) of the statutes is renumbered 218.0152 (1) and amended to read:

SB99,83,6 218.0152 (1) The licensor shall promote the interests of retail buyers and lessees of motor vehicles relating to default, delinquency, repossession or collection charges and the refund of the finance charge and insurance premium on prepayment of the instalment contract or consumer lease. It may define unfair practices in the motor vehicle industry and trade between licensees or between any licensees and retail buyers, lessees or prospective lessees of motor vehicles, but may not limit the price at which licensees may sell, assign or transfer receivables, contracts or other evidence of any obligation arising out of an instalment sale or consumer lease made under this section ss. 218.0101 to 218.0163.

SB99, s. 250 Section 250. 218.01 (5) (b) 1. of the statutes is renumbered 218.0152 (2) (a) (intro.) and amended to read:

SB99,83,11 218.0152 (2) (a) (intro.) The division of banking, department of transportation and division of hearings and appeals shall have the power in hearings arising under this chapter to determine do all of the following:

SB99,83,13 1. Determine the place, in this state, where they the hearings shall be held; to subpoena.

SB99,83,14 2. Subpoena witnesses and documents; to take.

SB99,83,18 3. Take and permit the taking of depositions of witnesses residing in or outside of this state and to otherwise permit the discovery and preservation of evidence before hearing, in the manner provided for in civil actions in courts of record; to pay such.

SB99,83,21 4. Pay the witnesses described in subd. 2 the fees and mileage for their attendance as is that are provided for witnesses in civil actions in courts of record; and to administer.

SB99,83,22 5. Administer oaths.

SB99, s. 251 Section 251. 218.01 (5) (b) 2. of the statutes is renumbered 218.0152 (2) (b) and amended to read:

SB99,84,5 218.0152 (2) (b) If the licensor has reason to believe that a violation of this section ss. 218.0101 to 218.0163 has occurred, the licensor may issue subpoenas to compel the attendance of persons to be examined or the production of materials regarding the violation. Subpoenas shall be issued and served in accordance with ch. 885.

SB99, s. 252 Section 252. 218.01 (5) (b) 3. of the statutes is renumbered 218.0152 (2) (c) and amended to read:

SB99,84,20 218.0152 (2) (c) A person providing information under this paragraph subsection may request that the information be designated as a trade secret, as defined in s. 134.90 (1) (c), or as confidential business information. The division of hearings and appeals or licensor shall approve the designation if the person providing the information demonstrates that the release of the information would adversely affect the person's competitive position. At least 15 days before any information designated as a trade secret or as confidential business information is disclosed to any other person, the division of hearings and appeals or licensor shall notify the person providing the information. The person providing the information may seek a court order limiting or prohibiting the disclosure. In such cases,, in which case the court shall weigh the need for confidentiality of the information against the public interest in disclosure. Confidentiality is waived if the person providing the information consents in writing to disclosure.

SB99, s. 253 Section 253. 218.01 (5) (c) of the statutes is renumbered 218.0152 (3) and amended to read:

SB99,85,2 218.0152 (3) The licensor may make promulgate such rules and regulations as it shall deem as it considers necessary or proper for the effective administration and enforcement of this section ss. 218.0101 to 218.0163, but no licensee shall be subject to examination or audit by the licensor except as provided in sub. (3) (d) s. 218.0116 (5).

SB99, s. 254 Section 254. 218.01 (5m) (title) of the statutes is renumbered 218.0141 (title).

SB99, s. 255 Section 255. 218.01 (5m) (a) of the statutes is renumbered 218.0141 and amended to read:

SB99,85,8 218.0141 No contract for the sale of a motor vehicle shall contain a clause which, upon nonacceptance of the vehicle by the buyer, would subject the buyer to a penalty greater than 5 per cent percent of the cash price of the vehicle.

SB99, s. 256 Section 256. 218.01 (6) (title) of the statutes is renumbered 218.0142 (title).

SB99, s. 257 Section 257. 218.01 (6) (a) of the statutes is renumbered 218.0142 (1).

SB99, s. 258 Section 258. 218.01 (6) (b) of the statutes is renumbered 218.0142 (2) (a) (intro.) and amended to read:

SB99,85,15 218.0142 (2) (a) (intro.) Prior to or concurrent with any instalment sale, the seller shall deliver to the buyer a written statement clearly describing clearly the all of the following:

SB99,85,16 1. The motor vehicle sold to the buyer, the.

SB99,85,17 2. The cash sale price, the.

SB99,85,18 3. The cash paid down by the buyer, the.

SB99,85,19 4. The amount credited the buyer for any trade-in and a.

SB99,85,20 5. A description of the trade-in, the .

SB99,85,21 5m. The cost to the retail buyer of any insurance , the.

SB99,85,23 6. The amount financed, which may include the cost of insurance, and sales and use taxes, the.

SB99,85,24 7. The amount of the finance charge, the.

SB99,85,25 8. The amount of any other charge specifying its purpose, the.

SB99,86,1 9. The total of payments due from the buyer , the.

SB99,86,3 10. The terms of the payment of such the total, the of payments due from the buyer.

SB99,86,5 11. The amount and date of each payment necessary finally to pay the total and a finally.

SB99,86,6 12. A summary of any insurance coverage to be effected.

SB99,86,8 (b) The division of banking may determine the form of the statement required under par. (a).

SB99,86,11 (c) If a written order is taken from a prospective purchaser in connection with any instalment sale, the written statement described in par. (a) shall be given to the purchaser prior to or concurrent with the signing of the order by the purchaser.

SB99, s. 259 Section 259. 218.01 (6) (bp) of the statutes is renumbered 218.0142 (3).

SB99, s. 260 Section 260. 218.01 (6) (c) of the statutes is renumbered 218.0142 (4) and amended to read:

SB99,86,22 218.0142 (4) An exact copy of the instalment sale contract and any note or notes given in connection therewith with the contract shall be furnished by the seller to the buyer at the time the buyer signs such the contract. The buyer's copy of the contract shall contain the signature of the seller identical with the signature on the original contract. No contract shall be signed in blank except that a detailed description of the motor vehicle including the serial number or other identifying marks of the vehicle sold which are not available at the time of execution of such the contract may be filled in before final delivery of the motor vehicle.

SB99, s. 261 Section 261. 218.01 (6) (d) of the statutes is renumbered 218.0142 (5) and amended to read:

SB99,87,4 218.0142 (5) A violation of par. (a), (b) or (bp) sub. (1), (2) or (3) bars recovery of any finance charge by the seller, or an assignee of the seller who, at the time of the assignment, had knowledge of the violation, in any suit upon a sales contract arising from the sale where the violation occurred.

SB99, s. 262 Section 262. 218.01 (6) (e) of the statutes is renumbered 218.0142 (6) (a) (intro.) and amended to read:

SB99,87,9 218.0142 (6) (a) (intro.) Prior to 30 days after acquisition of any retail instalment contract from a retail seller, every finance company shall mail do all of the following:

SB99,87,11 1. Mail or deliver to the retail buyer a written notice that it the finance company has acquired the retail instalment contract from the retail seller , and shall also mail.

SB99,87,16 2. Mail or cause to be mailed with the notice described in subd. 1. a statement of the particulars of the retail instalment contract price required under par. (b) sub. (2) to be stated by the retail seller, in accordance with the finance company's records respecting such the particulars of the retail instalment contract, including the amount of the finance charge.

SB99,87,23 (b) Every finance company, if insurance is provided by it the finance company, shall also within the 30 days after acquisition of the retail instalment contract send or cause to be sent to the retail buyer a policy of insurance clearly setting forth the exact nature of the insurance coverage and the amount of the premiums, each stated separately, which shall be filed with the commissioner of insurance in accordance with ch. 625. The cancellation and rewriting of any such policy provided by the finance company shall comply with the requirements of s. 631.69.

SB99, s. 263 Section 263. 218.01 (6) (em) of the statutes is renumbered 218.0142 (7) and amended to read:

SB99,88,5 218.0142 (7) In the event that the dealer shall finance the instalment sale contract, the division of banking may permit the dealer to combine the information required by pars. (b) and (e) last above subs. (2) and (6) in one statement under such rules and regulations as that the division of banking may from time to time prescribe promulgate.

Note: Modernizes language in accordance with current drafting style and usage.

SB99, s. 264 Section 264. 218.01 (6) (f) of the statutes is renumbered 218.0142 (8) and amended to read:

SB99,88,14 218.0142 (8) Any retail buyer of a motor vehicle, resident in the state of Wisconsin, at the time of purchase, under a retail instalment contract, who is a resident of this state at the time of purchase shall have a valid defense in any action or proceeding at law to enforce said the contract by any finance company that is not licensed hereunder and which has purchased or otherwise acquired such the contract, if such the finance company has wilfully failed or refused to comply with par. (e) sub. (6).

SB99, s. 265 Section 265. 218.01 (6) (g) of the statutes is renumbered 218.0142 (9) (intro.) and amended to read:

SB99,88,22 218.0142 (9) (intro.) Any retail buyer of a motor vehicle, resident of the state of Wisconsin at the time of purchase, under a retail instalment contract made in this state, who is a resident of this state at the time of purchase shall have a valid defense against the recovery of the principal, finance charge and other fees included in the contract, in any action or proceeding at law to enforce the contract by any person who has purchased or otherwise acquired the contract, if all of the following are true:

SB99,89,3 (a) The person who acquired the contract has failed or refused prior to the purchase or acquisition to be licensed as a sales finance company under this section, and the ss. 218.0101 to 218.0163.

SB99,89,5 (b) The person who acquired the contract is actually engaged in business, in whole or in part as a sales finance company.

SB99, s. 266 Section 266. 218.01 (6) (h) of the statutes is renumbered 218.0142 (10) and amended to read:

SB99,89,10 218.0142 (10) All transactions which constitute consumer transactions (s. 421.301 (13)) are subject to chs. 421 to 427, in addition to this section ss. 218.0101 to 218.0163.

SB99, s. 267 Section 267. 218.01 (6) (k) of the statutes is renumbered 218.0142 (11) and amended to read:

SB99,89,16 218.0142 (11) This subsection section does not apply to a retail instalment sale of a motor vehicle made on or after November 1, 1981, if the motor vehicle is to be used primarily for business or commercial purposes and not for the buyer's personal, family or household use.

SB99, s. 268 Section 268. 218.01 (6m) of the statutes is renumbered 218.0143 and amended to read:

SB99,89,25 218.0143 Notice of insurance to buyer under instalment sales contract. (1) Whenever a person sells or agrees to sell any motor vehicle at retail under a retail instalment contract wherein provision is made provides for insurance coverage, or a charge is made therefor, such for insurance coverage, the policy so issued or provided for, shall include public liability coverage protecting the driver of such the motor vehicle against damages resulting from the negligent use thereof, or of the vehicle.

SB99,90,5 (2) Whenever a person sells or agrees to sell any motor vehicle at retail under a retail instalment contract which does not provide for insurance coverage the seller shall, in writing, notify the buyer at the time of making such the retail instalment contract that the motor vehicle is not covered by public liability insurance protecting the driver against damages resulting from the negligent use thereof of the vehicle.

SB99,90,9 (3) The seller shall obtain, on a form separate from the retail instalment contract, the signed acknowledgment of the buyer that he or she has been notified that the contract does or does not include such public liability insurance protecting the driver against damages resulting from the negligent use of the vehicle.

SB99, s. 269 Section 269. 218.01 (6x) of the statutes is renumbered 218.0144, and 218.0144 (4), as renumbered, is amended to read:

SB99,90,18 218.0144 (4) A prospective lessor may cancel a prelease agreement that, with regard to the lease terms disclosed in the prelease agreement, is contingent upon approval of the prospective lessee's credit by a sales finance company to whom the prospective lessor intends to assign the consumer lease, if the prelease agreement contains a provision requiring the prospective lessor to give the prospective lessee written notice of such the cancellation within 10 business days of execution of the prelease agreement and the notice is given to the prospective lessee.

SB99, s. 270 Section 270. 218.01 (7) of the statutes is renumbered 218.0145 and amended to read:

SB99,91,5 218.0145 Prohibited acts. (1) No manufacturer of motor vehicles, no wholesaler or distributor of motor vehicles, and no officer, agent or representative of either a manufacturer, wholesaler or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer in this state to sell, assign or transfer any retail instalment sales contract, obtained by such the dealer in connection with the sale by the dealer in this state of motor vehicles manufactured or sold by such the manufacturer, wholesaler or distributor, to a specified sales finance company or class of such sales finance companies, or to any other specified person, by any of the following acts or means hereinafter set forth, namely:

SB99,91,9 (a) By any express or implied statement, suggestion, promise or threat, made directly or indirectly, that such the manufacturer, wholesaler or distributor will in any manner benefit or injure such the dealer, whether such statement, suggestion, threat or promise is express or implied, or made directly or indirectly.

SB99,91,10 (b) By any act that will benefit or injure such the dealer.

SB99,91,17 (c) By any contract, or any express or implied offer of contract, made directly or indirectly to such the dealer, for handling such motor vehicles manufactured or sold by the manufacturer, wholesaler or distributor, on the condition that such the dealer sell, assign or transfer the dealer's retail instalment contract thereon contracts on motor vehicles manufactured or sold by the manufacturer, wholesaler or distributor, in this state, to a specified sales finance company or class of such sales finance companies, or to any other specified person.

SB99,91,25 (d) By any express or implied statement or representation, made directly or indirectly, that such the dealer is under any obligation whatsoever to sell, assign or transfer any of the dealer's retail sales contracts, in this state, on motor vehicles manufactured or sold by such the manufacturer, wholesaler or distributor to such a sales finance company, or class of sales finance companies, or other specified person, because of any relationship or affiliation between such the manufacturer, wholesaler or distributor and such the sales finance company or companies or such the specified person or persons.

SB99,92,3 (2) Any such statements, threats, promises, acts, contracts or offers of contracts, set forth in par. (a) sub. (1) are declared unfair trade practices and unfair competition and against the policy of this state, are unlawful and are prohibited.

SB99,92,8 (3) No sales finance company, and no officer, agent or representative thereof of a sales finance company, shall induce or coerce or attempt to induce or coerce any retail motor vehicle dealer to transfer to such the sales finance company any of the dealer's retail instalment sales contracts in this state of such dealer on any motor vehicle by any of the following acts or means, namely:

SB99,92,13 (a) By any statement or representation, express or implied, made directly or indirectly, that the manufacturer, wholesaler or distributor of such the motor vehicles will grant such the dealer a franchise to handle such the manufacturer's, wholesaler's or distributor's motor vehicles if such the dealer shall will sell, assign or transfer all or part of such retail sales contracts to such sales finance company.