SB99,18,1615 138.052 (11) The contract rate is not subject to rate limitations imposed under
16this chapter or s. 218.01 ss. 218.0101 to 218.0163 or under s. 422.201.
SB99, s. 13 17Section 13. 138.09 (3) (e) 1. c. of the statutes is amended to read:
SB99,18,1918 138.09 (3) (e) 1. c. A loan, finance or discount business under s. 218.01 ss.
19218.0101 to 218.0163
.
SB99, s. 14 20Section 14. 218.01 (title) of the statutes is repealed.
Note: The title of s. 218.01 is repealed to reflect the division of s. 218.01 into a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.
SB99, s. 15 21Section 15. 218.01 (1) (intro.) of the statutes is renumbered 218.0101 (intro.)
22and amended to read:
SB99,19,3
1218.0101 Definitions. (intro.) In this section ss. 218.0101 to 218.0163, unless
2the context requires otherwise requires, the following words and terms shall have
3the following meanings
:
SB99, s. 16 4Section 16. 218.01 (1) (a) of the statutes is renumbered 218.0101 (1).
SB99, s. 17 5Section 17. 218.01 (1) (b) of the statutes is renumbered 218.0101 (3) and
6amended to read:
SB99,19,97 218.0101 (3) "Cash price" means the retail seller's price in dollars for the sale
8of the goods, and the transfer of unqualified title thereto to those goods, upon
9payment of such the retail seller's price in cash or the a cash equivalent thereof.
SB99, s. 18 10Section 18. 218.01 (1) (ct) of the statutes is renumbered 218.0101 (4).
SB99, s. 19 11Section 19. 218.01 (1) (df) of the statutes is renumbered 218.0101 (5).
SB99, s. 20 12Section 20. 218.01 (1) (e) of the statutes is renumbered 218.0101 (6).
SB99, s. 21 13Section 21. 218.01 (1) (f) of the statutes is renumbered 218.0101 (7).
SB99, s. 22 14Section 22. 218.01 (1) (g) of the statutes is renumbered 218.0101 (8).
SB99, s. 23 15Section 23. 218.01 (1) (gm) of the statutes is renumbered 218.0101 (9).
SB99, s. 24 16Section 24. 218.01 (1) (h) of the statutes is renumbered 218.0101 (10).
SB99, s. 25 17Section 25. 218.01 (1) (i) of the statutes is renumbered 218.0101 (11).
SB99, s. 26 18Section 26. 218.01 (1) (j) of the statutes is renumbered 218.0101 (12).
SB99, s. 27 19Section 27. 218.01 (1) (je) of the statutes is renumbered 218.0101 (13).
SB99, s. 28 20Section 28. 218.01 (1) (jf) of the statutes is renumbered 218.0101 (13m).
SB99, s. 29 21Section 29. 218.01 (1) (jg) of the statutes is renumbered 218.0101 (14).
SB99, s. 30 22Section 30. 218.01 (1) (ji) of the statutes is renumbered 218.0101 (15).
SB99, s. 31 23Section 31. 218.01 (1) (jj) of the statutes is renumbered 218.0101 (16).
SB99, s. 32 24Section 32. 218.01 (1) (jk) of the statutes is renumbered 218.0101 (17).
SB99, s. 33
1Section 33. 218.01 (1) (jm) of the statutes is renumbered 218.0101 (18) and
2amended to read:
SB99,20,63 218.0101 (18) "License period" means the period during which a particular
4type of license described in sub. (2) (d) s. 218.0114 (14) is effective, as established by
5the department of transportation or division of banking under sub. (2) (cm) 2. or 4.
6s. 218.0114 (13) (b) or (d).
SB99, s. 34 7Section 34. 218.01 (1) (k) of the statutes is renumbered 218.0101 (19) and
8amended to read:
SB99,20,119 218.0101 (19) "Licensor" means the body, either the division of banking or the
10department of transportation or both, issuing a license hereunder under ss. 218.0101
11to 218.0163
.
SB99, s. 35 12Section 35. 218.01 (1) (L) of the statutes is renumbered 218.0101 (20) (intro.)
13and amended to read:
SB99,20,1514 218.0101 (20) (intro.) "Manufacturer" means any person, resident or
15nonresident, who manufactures does any of the following:
SB99,20,16 16(a) Manufactures or assembles motor vehicles or who manufactures.
SB99,20,20 17(b) Manufactures or installs on previously assembled truck chassis, special
18bodies or equipment which when installed form an integral part of the motor vehicle
19and which constitutes a major manufacturing alteration and which completed unit
20is owned by such the manufacturer.
SB99, s. 36 21Section 36. 218.01 (1) (Lm) of the statutes is renumbered 218.0101 (21).
SB99, s. 37 22Section 37. 218.01 (1) (m) of the statutes is renumbered 218.0101 (22).
SB99, s. 38 23Section 38. 218.01 (1) (n) of the statutes is renumbered 218.0101 (23) (a), and
24218.0101 (23) (a) (intro.) and 2., as renumbered, are amended to read:
SB99,21,2
1218.0101 (23) (a) (intro.) "Motor vehicle dealer" means any person, firm or
2corporation, not excluded by par. (o) (b) who:
SB99,21,53 2. Is engaged wholly or in part in the business of selling or leasing motor
4vehicles, including motorcycles, whether or not such the motor vehicles are owned
5by such that person, firm or corporation.
SB99, s. 39 6Section 39. 218.01 (1) (o) of the statutes is renumbered 218.0101 (23) (b), and
7218.0101 (23) (b) 1. to 4., as renumbered, are amended to read:
SB99,21,98 218.0101 (23) (b) 1. Receivers, trustees, administrators, executors, guardians
9or other persons appointed by or acting under the judgment or order of any court; or.
SB99,21,1010 2. Public officers while performing their official duties; or.
SB99,21,1311 3. Employes of persons, corporations or associations enumerated in subds. 1.
12and 2., when engaged in the specific performance of their duties as such employes
13of the enumerated persons, corporations or associations.
SB99,21,1714 4. Sales finance companies or other loan agencies who sell or offer for sale motor
15vehicles repossessed or foreclosed on by them those sales finance companies or other
16loan agencies
under terms of an instalment contract, or motor vehicles taken in trade
17on such repossessions.
SB99, s. 40 18Section 40. 218.01 (1) (p) of the statutes is renumbered 218.0101 (24) and
19amended to read:
SB99,21,2520 218.0101 (24) "Motor vehicle salesperson" means sales representative, sales
21manager, general manager or other person who is employed by a motor vehicle dealer
22for the purpose of selling or approving retail sales, or leasing or approving consumer
23leases, of motor vehicles. Any motor vehicle salesperson licensed hereunder under
24ss. 218.0101 to 218.0163
shall be licensed to sell or lease only for only one dealer at
25a time.
SB99, s. 41
1Section 41. 218.01 (1) (pt) of the statutes is renumbered 218.0101 (25).
SB99, s. 42 2Section 42. 218.01 (1) (q) of the statutes is renumbered 218.0101 (26).
SB99, s. 43 3Section 43. 218.01 (1) (qm) of the statutes is renumbered 218.0101 (27).
SB99, s. 44 4Section 44. 218.01 (1) (qr) of the statutes is renumbered 218.0101 (28).
SB99, s. 45 5Section 45. 218.01 (1) (qt) of the statutes is renumbered 218.0101 (29).
SB99, s. 46 6Section 46. 218.01 (1) (r) of the statutes is renumbered 218.0101 (30).
SB99, s. 47 7Section 47. 218.01 (1) (s) of the statutes is renumbered 218.0101 (31).
SB99, s. 48 8Section 48. 218.01 (1) (t) of the statutes is renumbered 218.0101 (32) and
9amended to read:
SB99,22,1510 218.0101 (32) "Retail instalment contract" or "instalment contract" means and
11includes every contract to sell one or more motor vehicles at retail, in which the price
12thereof of the motor vehicle is payable in one or more instalments over a period of
13time and in which the seller has either retained title to the goods or has taken or
14retained a security interest in the goods under a form of contract designated either
15as a conditional sale, chattel mortgage or otherwise.
SB99, s. 49 16Section 49. 218.01 (1) (u) of the statutes is renumbered 218.0101 (33) and
17amended to read:
SB99,22,2018 218.0101 (33) "Retail seller" means a person, firm or corporation selling or
19agreeing to sell one or more motor vehicles under a retail instalment contract to a
20buyer for the latter's buyer's personal use or consumption thereof.
SB99, s. 50 21Section 50. 218.01 (1) (v) of the statutes is renumbered 218.0101 (34) (a) and
22amended to read:
SB99,23,223 218.0101 (34) (a) "Sales finance company" means and includes any person, firm
24or corporation engaging in the business, in whole or in part, of acquiring by purchase

1or by loan on the security thereof, or otherwise, retail instalment contracts or
2consumer leases from retail sellers or lessors in this state, including.
SB99,23,5 3(b) "Sales finance company" includes any motor vehicle dealer who sells or
4leases any motor vehicle on an instalment contract or consumer lease or acquires any
5retail instalment contracts in the dealer's retail sales or leases of motor vehicles.
SB99, s. 51 6Section 51. 218.01 (1) (w) of the statutes is renumbered 218.0101 (35).
SB99, s. 52 7Section 52. 218.01 (1) (x) of the statutes is renumbered 218.0101 (36).
SB99, s. 53 8Section 53. 218.01 (1) (xm) of the statutes is renumbered 218.0101 (37).
SB99, s. 54 9Section 54. 218.01 (1a) (title) of the statutes is renumbered 218.0111 (title).
SB99, s. 55 10Section 55. 218.01 (1a) of the statutes is renumbered 218.0111 (1) (intro.) and
11amended to read:
SB99,23,1612 218.0111 (1) (intro.) The department of transportation shall issue the licenses
13provided for in sub. (2) (d) 1. to 6. s. 218.0114 (14) (a) to (f) and have supervision over
14the licensees thereunder in respect to all of the provisions of this section ss. 218.0101
15to 218.0163
, except only as to such matters as that the division of banking shall have
16jurisdiction and control over all of the following:
SB99,23,19 17(a) Matters that relate to the sale of motor vehicles on retail instalment
18contracts and the financing and servicing of such those retail instalment contracts
19and as to such matters as.
SB99,23,23 20(b) Matters that relate to prelease agreements under sub. (6x) s. 218.0144 and
21consumer leases under chs. 421 to 427 and 429, over which matter the division of
22banking shall have jurisdiction and control, and the division of banking shall issue
23the
.
SB99,23,24 24(c) The issuance of licenses to sales finance companies.
SB99,24,9
1(2) Either licensor hereunder under sub. (1) shall, upon request, furnish the
2other licensor with any information it may have in respect to any licensee or
3applicant for license or any transaction in which such a licensee or applicant may be
4a party or be interested. No license shall be issued under sub. (2) (d) 1. and 8. s.
5218.0114 (14) (a) and (g)
until both licensors have approved the application. The
6suspension or revocation of either of such licenses the license issued under s.
7218.0114 (14) (a) or (g)
shall automatically likewise suspend or revoke the other
8license; and such. Any suspension or revocation shall be certified by the licensor
9ordering it to the other licensor.
Note: Text order is changed for improved readability.
SB99, s. 56 10Section 56. 218.01 (1b) of the statutes is renumbered 218.0113 and amended
11to read:
SB99,24,22 12218.0113 Licenses for dealers, distributors, manufacturers or
13transporters of semitrailers and trailers.
Subject to ch. 180 where applicable,
14any dealer, distributor, manufacturer or transporter of semitrailers or trailers
15designed for use in combination with a truck or truck tractor is deemed considered
16licensed under this section ss. 218.0101 to 218.0163 where for purposes of chs. 341
17and 342 a license under this section ss. 218.0101 to 218.0163 is required. This
18subsection section is enacted to remove an undue burden on interstate commerce
19from a class of commercial transactions in which the business character of the parties
20does not require the protection provided by this section ss. 218.0101 to 218.0163 and
21to promote the expansion of credit for truck operators who require banking and
22financing facilities throughout the United States.
SB99, s. 57 23Section 57. 218.01 (2) (title) of the statutes is renumbered 218.0114 (title).
SB99, s. 58
1Section 58. 218.01 (2) (a) of the statutes is renumbered 218.0114 (1) and
2amended to read:
SB99,25,113 218.0114 (1) No motor vehicle dealer, motor vehicle salesperson or sales
4finance company shall may engage in business as such a motor vehicle dealer, motor
5vehicle salesperson or sales finance company
in this state without a license therefor
6as provided in this section ss. 218.0101 to 218.0163. If any motor vehicle dealer acts
7as a motor vehicle salesperson, he or she shall secure a motor vehicle salesperson's
8license in addition to a license for motor vehicle dealer license. Every motor vehicle
9dealer shall be responsible for the licensing of every motor vehicle salesperson in his
10or her employ. Any person violating this paragraph subsection may be fined not less
11than $500 nor more than $5,000.
SB99, s. 59 12Section 59. 218.01 (2) (am) of the statutes is renumbered 218.0114 (2) and
13amended to read:
SB99,25,1614 218.0114 (2) No manufacturer, importer or distributor shall may engage in
15business as such a manufacturer, importer or distributor in this state without a
16license therefor as provided in this section ss. 218.0101 to 218.0163.
SB99, s. 60 17Section 60. 218.01 (2) (an) of the statutes is renumbered 218.0114 (3) and
18amended to read:
SB99,25,2219 218.0114 (3) No factory representative or distributor representative shall may
20engage in business as such a factory representative or distributor representative in
21this state without a license therefor as provided in this section ss. 218.0101 to
22218.0163
.
SB99, s. 61 23Section 61. 218.01 (2) (b) of the statutes is renumbered 218.0114 (4) and
24amended to read:
SB99,26,16
1218.0114 (4) Application for a license under this section shall be made to the
2licensor, at such time, in such form and with such information as the licensor shall
3require and shall be accompanied by the required fees. An applicant for a sales
4finance company license, other than a motor vehicle dealer, shall pay to the division
5of banking a nonrefundable $300 investigation fee in addition to the license fee under
6par. (dr) sub. (16). If the cost of an investigation exceeds $300, the applicant shall,
7upon demand of the division of banking, pay the amount by which the cost of the
8investigation exceeds the nonrefundable fee. A licensee is not required to pay an
9investigation fee for the renewal of a license. The licensor may require the applicant
10to provide information relating to any pertinent matter that is commensurate with
11the safeguarding of the public interest in the locality in which the applicant proposes
12to engage in business, except that information relating to the applicant's solvency
13and financial standing may not be required for motor vehicle dealers except as
14provided in par. (h) 1. sub. (20) (a). The information provided may be considered by
15the licensor in determining the fitness of the applicant to engage in business as set
16forth in this section ss. 218.0101 to 218.0163.
SB99, s. 62 17Section 62. 218.01 (2) (bb) of the statutes is renumbered 218.0114 (5) and
18amended to read:
SB99,27,219 218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle
20dealer license shall provide and maintain in force a bond or irrevocable letter of credit
21of not less than $25,000 or, if the dealer or applicant sells or proposes to sell
22motorcycles and not other types of motor vehicles, a bond or irrevocable letter of
23credit of not less than $5,000. The bond or letter of credit shall be executed in the
24name of the department of transportation for the benefit of any person who sustains

1a loss because of an act of a motor vehicle dealer that constitutes grounds for the
2suspension or revocation of a license under this section ss. 218.0101 to 218.0163.
SB99,27,103 (b) A sales finance company or an applicant for a sales finance company license
4shall provide and maintain in force a bond or irrevocable letter of credit of not less
5than $25,000 issued by a surety company licensed to do business in this state or a
6federally insured financial institution, as defined in s. 705.01 (3). The bond or letter
7of credit shall be payable to the state of Wisconsin for the use of the state and of any
8person who sustains a loss because of an act of a sales finance company that
9constitutes grounds for the suspension or revocation of a license under this section
10ss. 218.0101 to 218.0163.
SB99, s. 63 11Section 63. 218.01 (2) (bc) of the statutes is renumbered 218.0114 (6) and
12amended to read:
SB99,28,213 218.0114 (6) Except as provided in this subsection section every dealer and
14distributor of new motor vehicles shall, at the time of application for a license, file
15with the department of transportation a certified copy of the applicant's written
16agreement and a certificate of appointment as dealer or distributor, respectively. The
17certificate of appointment shall be signed by an authorized agent of the
18manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or,
19where the manufacturer is wholesaling through an appointed distributorship, by an
20authorized agent of the distributor on indirect distributor-dealer agreements. The
21certificate shall be signed by an authorized agent of the importer on direct
22importer-dealer agreements of foreign-made vehicles; or by an authorized agent of
23the distributor on indirect distributor-dealer agreements. The distributor's
24certificate of appointment shall be signed by an authorized agent of the

1manufacturer; or by an agent of the manufacturer or importer of foreign
2manufactured vehicles.
SB99, s. 64 3Section 64. 218.01 (2) (bd) 1. of the statutes is renumbered 218.0114 (7) (a) 1.
4(intro.) and amended to read:
SB99,28,95 218.0114 (7) (a) 1. (intro.) A written agreement need not be filed for each dealer
6or distributor if the manufacturer on or importer, for direct dealerships, or
7distributor on, for indirect dealerships or importer on direct dealerships, utilizes the
8identical basic agreement for all its dealers or distributors in Wisconsin and certifies
9all of the following in the certificate of appointment that such:
SB99,28,11 10a. That the blanket agreement is on file and such written with the department
11of transportation.
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