SB658: Bill Text

SB658,8 Section 8. 341.55 (2) of the statutes is renumbered 341.55 (2) (intro.) and amended to read:

SB658,5,5 341.55 (2) (intro.) Any Subject to sub. (1), a person who operates a vehicle under purported authority of a registration plate issued to a dealer, distributor, or manufacturer under s. 341.51, knowing that the any of the following applies:

SB658,5,7 (a) The vehicle is not owned or being repossessed by, or consigned for sale to, a dealer, distributor, or manufacturer or.

SB658,5,9 (b) The operation of the vehicle does not come within any of the exceptions listed in satisfy the requirements of s. 341.47 (1) (a) to (d) or is.

SB658,5,11 (c) If s. 341.51 (2m) applies, the operation of the vehicle does not in compliance with satisfy the requirements of s. 341.51 (2m);.

SB658,9 Section 9. Trans 138.03 (1) (a) (intro.) of the administrative code is amended to read:

SB658,5,15 Trans 138.03 (1) (a) (intro.) A permanent building in this state wherein there are that is heated and electrified and that contains facilities for all of the following:

SB658,10 Section 10. Trans 138.03 (1) (a) 1. of the administrative code is amended to read:

SB658,5,21 Trans 138.03 (1) (a) 1. A business office to maintain the books, records, and files necessary to conduct business. A business office under this subdivision shall be not less than 8 feet by 8 feet with a door, shall have not fewer than 4 rigid walls, and shall be furnished with a desk, lighting, and a locking filing cabinet.

SB658,11 Section 11. Trans 138.03 (1) (b) of the administrative code is amended to read:

SB658,5,25 Trans 138.03 (1) (b) A vehicle display lot of not less than 9 feet by 18 feet adjacent to the business office, unless all vehicles offered for sale are displayed within the business building.

SB658,12 Section 12. Trans 138.03 (3) (intro.) of the administrative code is renumbered Trans 138.03 (3) (ag) and amended to read:

SB658,6,5 Trans 138.03 (3) (ag) More Not more than one five motor vehicle dealer dealers, wholesaler wholesalers, or other business businesses may share a single permanent building.

SB658,13 Section 13. Trans 138.03 (3) (a) of the administrative code is renumbered Trans 138.03 (3) (am), and Trans 138.03 (3) (am) 2. and 3., as renumbered, are amended to read:

SB658,6,11 Trans 138.03 (3) (am) 2. Separate Have its own designated vehicle display lot of not less than 9 feet by 18 feet separate from areas vehicle display lots used by other licensees; and.

SB658,6,16 3. With each license application, provide a copy of the lease agreement between the owner of the property and the dealer along with a diagram of the facilities for the designated location. If the dealer sublets the facilities from a lessee, that dealer shall provide a copy of the sublease and a copy of the lease authorizing the lessee to execute subleases.

SB658,14 Section 14. Trans 138.03 (3) (b) of the administrative code is amended to read:

SB658,6,22 Trans 138.03 (3) (b) Each licensee sharing a permanent building with another licensee shall satisfy all of the requirements of par. (a) (am) within 1 year 6 months after July 1, 1991 or the the effective date of this paragraph .... [LRB inserts date]. The license for each noncomplying dealership licensee may be denied or suspended until the dealership facilities comply with this section.

SB658,15 Section 15. Trans 138.03 (3) (c) of the administrative code is repealed.

SB658,16 Section 16. Trans 138.04 (3) (intro.) of the administrative code is amended to read:

SB658,7,18 Trans 138.04 (3) (intro.) Retention requirements. The used vehicle information described in sub. (1) (f) shall be maintained for a period of 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 or MV11 Wisconsin title, registration, or license plate applications, Wisconsin buyers guides, regular and conforming power of attorney forms, prior owner odometer disclosure statements, dealer's subsequent odometer disclosure statements, lessor's notices to lessees relating to odometer disclosure required at end of lease, and lessee's odometer disclosure statement completed at end of lease. The records shall be kept in the place of business during the business hours indicated on the sign required under s. Trans 138.06 (2) and shall be retrievable by an employee of the licensee and open to inspection and copying by a representative of the department during reasonable business hours. Multi-location dealerships may keep records at a single location. If the location is out of state, the dealerships shall reimburse the department for actual and necessary expenses, plus wages pursuant to the appropriate state compensation plan or applicable labor agreement for examining the documents at that location. The actual and necessary expenses charged include the following:

SB658,17 Section 17. Trans 138.045 of the administrative code is created to read:

SB658,7,21 Trans 138.045 Hours of operation. (1) Motor vehicle dealers shall establish weekly business hours, including at least 4 consecutive hours, 2 days per week.

SB658,7,23 (2) Motor vehicle wholesalers shall establish weekly business hours, including at least 4 consecutive hours, one day per week.

SB658,7,25 (3) Motor vehicle auction dealers shall establish weekly business hours, including at least 6 consecutive hours, one day per week.

SB658,18 Section 18. Trans 138.06 (2) of the administrative code is amended to read:

SB658,8,3 Trans 138.06 (2) A sign posted on or adjacent to the entrance door describing the dealer's business hours, as established under s. Trans 138.045.

SB658,19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

SB658,8,6 (1) The treatment of administrative rules takes effect as provided in s. 227.265.

SB658,8,7 (End)