SB99, s. 311
16Section
311. 344.572 (2) of the statutes is amended to read:
SB99,105,2217
344.572
(2) Sections 344.574, 344.576 and 344.578 do not apply to a rental
18agreement under which a person rents from a motor vehicle dealer licensed under
19s. 218.01 ss. 218.0101 to 218.0163 a private passenger vehicle owned by the dealer
20if the private passenger vehicle is rented only for use while a vehicle owned or leased
21by the person or which the person has agreed to purchase is being serviced, repaired,
22manufactured or delivered.
SB99, s. 312
23Section
312. 345.11 (1g) of the statutes is amended to read:
SB99,106,3
1345.11
(1g) The uniform traffic citation may be used for violations of ss.
218.01
2(2) (a) 218.0114 (1) and 218.205 (1). The report of conviction shall be forwarded to
3the department.
SB99, s. 313
4Section
313. 345.11 (5) of the statutes is amended to read:
SB99,106,105
345.11
(5) Notwithstanding any other provision of the statutes, the use of the
6uniform traffic citation promulgated under sub. (4) by any peace officer in connection
7with the enforcement of any state traffic laws, any local traffic ordinances in strict
8conformity with the state traffic laws or s.
218.01 (2) (a) 218.0114 (1) or 218.205 (1)
9shall be deemed adequate process to give the appropriate court jurisdiction over the
10person upon the filing with or transmitting to the court of the uniform traffic citation.
SB99, s. 314
11Section
314. 422.201 (3) of the statutes is amended to read:
SB99,106,1512
422.201
(3) For licensees under s. 138.09 and under
s. 218.01 ss. 218.0101 to
13218.0163, the finance charge, calculated according to those sections, may not exceed
14the maximums permitted in ss. 138.09 and
218.01 218.0101 to 218.0163,
15respectively.
SB99, s. 315
16Section
315. 422.202 (3) (c) of the statutes is amended to read:
SB99,106,1917
422.202
(3) (c) A merchant may not, in the same transaction, be subject to the
18penalty in s. 138.09 (9) (b),
218.01 (8) 218.0161 or 425.305 and the penalty in s.
19425.304, based on the assessment of the same additional charges.
SB99, s. 316
20Section
316. 425.301 (4) of the statutes is amended to read:
SB99,107,521
425.301
(4) The liability of a merchant under chs. 421 to 427 is in lieu of and
22not in addition to any liability under the federal consumer credit protection act and
23s. ss. 138.09 or
218.01 218.0101 to 218.0163. An action by a person alleging a
24violation under chs. 421 to 427 may not be maintained if a final judgment has been
25rendered for or against that person with respect to the same violation under the
1federal consumer credit protection act or
s.
ss. 138.09 or
218.01 218.0101 to 218.0163.
2If a final judgment is entered against any merchant under chs. 421 to 427 and the
3federal consumer credit protection act or
s. ss. 138.09 or
218.01 218.0101 to 218.0163 4for the same violation, the merchant has a cause of action for appropriate relief to
5the extent necessary to avoid double liability.
SB99, s. 317
6Section
317. 429.102 (1) of the statutes is amended to read:
SB99,107,97
429.102
(1) To the extent that
s. 218.01 ss. 218.0101 to 218.0163 and chs. 411
8and 421 to 427 are inconsistent with this chapter, the provisions of this chapter shall
9apply.
SB99, s. 318
10Section
318. 429.102 (2) of the statutes is amended to read:
SB99,107,1411
429.102
(2) Unless superseded by the particular provisions of this chapter,
12parties to a motor vehicle consumer lease have all of the obligations, duties, rights
13and remedies provided in
s. 218.01 ss. 218.0101 to 218.0163 and chs. 411 and 421 to
14427 that apply to the transaction.
SB99, s. 319
15Section
319. 429.104 (13m) of the statutes is amended to read:
SB99,108,516
429.104
(13m) "Gross capitalized cost" means the sum of all amounts
17capitalized in the consumer lease that, after subtracting the capitalized cost
18reduction, amortizes to the residual value by the depreciation portion of the periodic
19lease payments over the scheduled term of the lease or, for a single-payment lease,
20the single payment. These amounts may include taxes; fees for registration, license,
21acquisition, administration and assignment; other fees; charges for insurance,
22service contracts and extended warranties; and charges for a waiver of the
23contractual obligation to pay the gap amount, for accessories and their installation,
24for other services and benefits incidental to the consumer lease, and for delivering,
25servicing, repairing or improving the vehicle. With respect to a vehicle or other
1property traded in connection with a consumer lease, the term may include the
2outstanding unpaid balance of the amount financed under a consumer loan, as
3defined in s. 421.301 (12), or a retail instalment contract, as defined in s.
218.01 (1)
4(t) 218.0101 (32), or the unpaid balance of any early termination costs under a lease
5or other obligation of the lessee. The term does not include any rent charge.
SB99, s. 320
6Section
320. 429.104 (19) of the statutes is amended to read:
SB99,108,87
429.104
(19) "Motor vehicle" has the meaning given in s.
218.01 (1) (m) 8218.0101 (22).
SB99, s. 321
9Section
321. 429.104 (21) of the statutes is amended to read:
SB99,108,1210
429.104
(21) "Prospective lessee" means a natural person who enters into a
11prelease agreement under s.
218.01 (6x) 218.0144 with a prospective lessor, or who
12otherwise intends to become a lessee.
SB99, s. 322
13Section
322. 429.104 (21m) of the statutes is amended to read:
SB99,108,1714
429.104
(21m) "Prospective lessor" means a person regularly engaged in the
15business of leasing or selling vehicles who enters into a prelease agreement under
16s.
218.01 (6x) 218.0144 with a prospective lessee, or who otherwise intends to become
17a lessor.
SB99, s. 323
18Section
323. 429.301 (2) of the statutes is amended to read:
SB99,108,2219
429.301
(2) If a party to a consumer lease recovers damages or penalties under
20this chapter for an act or omission, the party may not recover any damages or
21penalties for the same act or omission under
s. 218.01
ss. 218.0101 to 218.0163 or chs.
22411 and 421 to 427.
SB99, s. 324
23Section
324. 553.235 (2) (a) of the statutes is amended to read:
SB99,109,3
1553.235
(2) (a) The exemption under sub. (1) is not available for the sale of a
2franchise in which the franchisee would be a motor vehicle dealer or a motor vehicle
3distributor or wholesaler, as defined in s.
218.01 (1)
218.0101.
SB99, s. 325
4Section
325. 632.32 (2) (b) 1. of the statutes is amended to read:
SB99,109,65
632.32
(2) (b) 1. A motor vehicle dealer, as defined in s.
218.01 (1) (n) 218.0101
6(23) (a).
SB99, s. 326
7Section
326. 779.85 (3) of the statutes is amended to read:
SB99,109,108
779.85
(3) "Goods" has the meaning set forth in s. 402.105 (1) (c) except that
9this term does not include a "motor vehicle" as defined in s.
218.01 (1) (m) 218.0101
10(22).