AB132: Bill Text

AB132, s. 28 Section 28. 218.0133 (2) (d) 3. of the statutes is created to read:

AB132,13,24 218.0133 (2) (d) 3. The grantor is responsible for the removal of a sign subject to subd. 1. or 2. from the dealership facility and shall bear the costs of the removal.

AB132, s. 29 Section 29. 218.0133 (2) (f) of the statutes is created to read:

AB132,14,8 218.0133 (2) (f) The grantor shall reimburse the motor vehicle dealer for the amount of any obligations that extend beyond the effective date of the termination, cancellation, or nonrenewal under contracts for computer hardware, software, maintenance, or other related service entered into by the dealer and required by the grantor for 24 months or the remaining term of the contracts, whichever is less, unless the computer hardware, software, maintenance, or other related service was used to support the operations of a franchise other than the franchise that was terminated, cancelled, or not renewed.

AB132, s. 30 Section 30. 218.0133 (4) (a) of the statutes is amended to read:

AB132,14,16 218.0133 (4) (a) Except as provided in sub. (5) and subject to par. pars. (d) and (f), when a grantor terminates, cancels, or does not renew an agreement a franchise a grantor shall, upon request, pay a motor vehicle dealer the termination benefits under par. (b) or (c) and under par. (e). If a motor vehicle dealer receives benefits under par. (b) or (c) and par. (f) does not apply, the grantor shall be entitled to the possession and use of the dealership facilities for the period that the termination benefits payment covers.

AB132, s. 31 Section 31. 218.0133 (4) (e) of the statutes is created to read:

AB132,15,2 218.0133 (4) (e) If a dealer completed construction or renovation of its dealership facilities not more than 24 months before receiving the notice of the franchise termination, cancellation, or nonrenewal and the construction or renovation was required by the grantor, the grantor shall pay the dealer an amount equal to the dealer's actual cost for the construction or renovation, less any allowances or credits provided to the dealer by the grantor for the construction or renovation and less any tax savings accruing to the dealer's benefit prior to the notice of the franchise termination, cancellation, or nonrenewal from depreciation write-offs related to the construction or renovation.

AB132, s. 32 Section 32. 218.0133 (4) (f) of the statutes is created to read:

AB132,15,8 218.0133 (4) (f) If the termination, cancellation, or nonrenewal relates to fewer than all of the franchises operated by a dealer at a single location, the amount of the termination benefit under this subsection shall be based on the percentage of total square footage attributed to the franchise being terminated, cancelled, or not renewed at the effective date of the termination, cancellation, or nonrenewal.

AB132, s. 33 Section 33. 218.0133 (5) (a) 2. of the statutes is amended to read:

AB132,15,12 218.0133 (5) (a) 2. A motor vehicle dealer who terminates or cancels an agreement a franchise without giving the grantor 60 days' notice or the notice required under the agreement, whichever is less.

AB132, s. 34 Section 34 . 218.0133 (5) (a) 4d. of the statutes is created to read:

AB132,15,15 218.0133 (5) (a) 4d. A motor vehicle dealer who has any license that is required to operate its dealership revoked.

AB132, s. 35 Section 35. 218.0133 (5) (a) 4h. of the statutes is created to read:

AB132,15,22 218.0133 (5) (a) 4h. A termination, cancellation or nonrenewal based on the motor vehicle dealer's failure to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, work stoppage or delays due to strikes or labor disputes, an order of the department of transportation or the division of hearings and appeals, or other circumstances beyond the dealer's control.

AB132, s. 36 Section 36. 218.0133 (5) (a) 4p. of the statutes is created to read:

AB132,16,3 218.0133 (5) (a) 4p. A termination, cancellation, or nonrenewal based on the conviction of a motor vehicle dealer of a crime involving theft, dishonesty, or false statement, or any other crime punishable by imprisonment for greater than one year.

AB132, s. 37 Section 37 . 218.0133 (5) (a) 4t. of the statutes is created to read:

AB132,16,7 218.0133 (5) (a) 4t. A termination, cancellation, or nonrenewal based on the motor vehicle dealer being subject to a bankruptcy or receivership filing unless the petition is dismissed not more than 30 days after the filing date.

AB132, s. 38 Section 38. 218.0133 (5) (d) of the statutes is amended to read:

AB132,16,13 218.0133 (5) (d) Subsection (4) does not apply if a grantor terminates, cancels, or fails to renew an agreement a franchise in compliance with s. 218.0116 (1) (i), unless the primary ground for termination, cancellation, or nonrenewal is inadequate sales performance by the motor vehicle dealer or termination, cancellation, or discontinuation of a motor vehicle line make.

AB132, s. 39 Section 39. 218.0133 (6) (b) of the statutes is amended to read:

AB132,16,17 218.0133 (6) (b) A grantor may not make the termination benefits payments under sub. (2) or, (4), or (7) contingent on the motor vehicle dealer releasing or waiving any rights, claims, or remedies.

AB132, s. 40 Section 40. 218.0133 (7) of the statutes is created to read:

AB132,17,2 218.0133 (7) If a grantor cancels or fails to renew a franchise under s. 218.0132 (2), in addition to the termination benefits provided in subs. (2) and (4), the grantor shall compensate the dealer in an amount not less than the fair market value of the franchise terminated or not renewed on the date immediately preceding the date the manufacturer, importer, or distributor publicly announced the termination, cancellation, or discontinuation of the line make that resulted in the franchise cancellation or nonrenewal. The manufacturer, importer, or distributor shall provide the compensation under this subsection not more than 90 days after the effective date of the cancellation or nonrenewal.

AB132, s. 41 Section 41. 218.0163 (1) (a) of the statutes is amended to read:

AB132,17,6 218.0163 (1) (a) A violation by any other licensee of s. 218.0116 (1) (bm), (f), (h), (hm), (i), (km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t), (u), (um), (v), (vm), (w), or (wm), (x), (xm), (y), (ym), or (ys).

AB132, s. 42 Section 42 . 425.202 (2) of the statutes is amended to read:

AB132,17,8 425.202 (2) "Motor vehicle" has the meaning given in s. 218.0101 (22) (a).

AB132, s. 43 Section 43. 429.104 (19) of the statutes is amended to read:

AB132,17,10 429.104 (19) "Motor vehicle" has the meaning given in s. 218.0101 (22) (a).

AB132, s. 44 Section 44 . 779.85 (3) of the statutes is amended to read:

AB132,17,13 779.85 (3) "Goods" has the meaning set forth in s. 402.105 (1) (c) except that this term does not include a "motor vehicle" as defined in s. 218.0101 (22) (a).

AB132, s. 45 Section 45. Initial applicability.

AB132,17,16 (1) This act first applies to an agreement that exists or is entered into on the effective date of this subsection.

AB132,17,17 (End)