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Section
112. 218.01 (3) (a) 24. of the statutes is amended to read:
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218.01
(3) (a) 24. Being a manufacturer, importer or distributor who fails to
5comply with the procedures in sub. (3x) regarding a dealer's request for approval of
6a change of ownership or executive management, transfer of its dealership assets to
7another person, adding another franchise at the same location as its existing
8franchise, or relocation of a franchise or who fails to comply with an order of the
office
9of the commissioner of transportation division of hearings and appeals issued under
10sub. (3x).
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Section
113. 218.01 (3x) (b) 2. of the statutes is amended to read:
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218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
13action shall, within 30 days after receiving the dealer's written notice of the proposed
14action or within 30 days after receiving all the information specified in a written list
15served on the dealer under subd. 1., whichever is later, file with the department and
16serve upon the dealer a written statement of the reasons for its disapproval. The
17reasons given for the disapproval or any explanation of those reasons by the
18manufacturer, distributor or importer shall not subject the manufacturer,
19distributor or importer to any civil liability unless the reasons given or explanations
20made are malicious and published with the sole intent to cause harm to the dealer
21or a transferee of the dealer. Failure to file and serve a statement within the
22applicable period shall, notwithstanding the terms of any agreement, constitute
23approval of the proposed action by the grantor. If an affected grantor files a written
24statement within the applicable period, the dealer may not voluntarily undertake
25the proposed action unless it receives an order permitting it to do so from the
office
1of the commissioner of transportation division of hearings and appeals under par. (c)
22.
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Section
114. 218.01 (3x) (b) 3. of the statutes is amended to read:
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218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
5grantor under subd. 2 may file with the department and the
office of the
6commissioner of transportation division of hearings and appeals and serve upon the
7affected grantor a complaint for the determination of whether there is good cause for
8permitting the proposed action to be undertaken. The
office of the commissioner of
9transportation division of hearings and appeals shall promptly schedule a hearing
10and decide the matter. The proposed action may not be undertaken pending the
11determination of the matter.
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Section
115. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to
13read:
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218.01
(3x) (c) 1. (intro.) In determining if there is good cause for permitting
15a proposed action to be undertaken, the
office of the commissioner of transportation 16division of hearings and appeals may consider any relevant factor including:
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Section
116. 218.01 (3x) (c) 2. of the statutes is amended to read:
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218.01
(3x) (c) 2. The decision of the
office of the commissioner of
19transportation division of hearings and appeals shall be in writing and shall contain
20findings of fact and a determination of whether there is good cause for permitting the
21proposed action to be undertaken. The decision shall include an order that the dealer
22be allowed or is not allowed to undertake the proposed action, as the case may be.
23The order may require fulfillment of appropriate conditions before and after the
24proposed action is undertaken.
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Section
117. 218.01 (7m) (a) of the statutes is amended to read:
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1218.01
(7m) (a) A licensee may not file a complaint or petition with the
office
2of the commissioner of transportation division of hearings and appeals or bring an
3action under sub. (9) (a), based on an alleged violation of this section by any other
4licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
5demand for mediation upon the other licensee before or contemporaneous with the
6filing of the complaint or petition or the bringing of the action. A demand for
7mediation shall be in writing and served upon the other licensee by certified mail at
8an address designated for that licensee in the licensor's records. The demand for
9mediation shall contain a brief statement of the dispute and the relief sought by the
10licensee filing the demand.
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Section
118. 218.01 (7m) (c) of the statutes is amended to read:
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218.01
(7m) (c) The service of a demand for mediation under par. (a) shall stay
13the time for the filing of any complaint or petition with the
office of the commissioner
14of transportation division of hearings and appeals or for bringing an action under
15sub. (9) (a), based on an alleged violation of this section by the other licensee or
16pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
17have met with a mutually selected mediator for the purpose of attempting to resolve
18the dispute. If a complaint or petition is filed before the meeting, the
office of the
19commissioner of transportation division of hearings and appeals or the court shall
20enter an order suspending the proceeding or action until the meeting has occurred
21and may, upon the written stipulation of all parties to the proceeding or action that
22they wish to continue to mediate under this subsection, enter an order suspending
23the proceeding or action for as long a period as the
commissioner of transportation 24division of hearings and appeals or court considers to be appropriate. A suspension
25order issued under this paragraph may be revoked upon motion of any party or upon
1motion of the
office of the commissioner of transportation division of hearings and
2appeals or the court.
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Section
119. 340.01 (7m) of the statutes is amended to read:
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340.01
(7m) "Commercial driver license" means a license issued to a person by
5this state or another jurisdiction which is in accordance with the requirements of the
6federal commercial motor vehicle safety act of 1986,
49 USC 2701 to
2716 31301 to
731317, and which authorizes the licensee to operate certain commercial motor
8vehicles.
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Section
120. 340.01 (7r) of the statutes is amended to read:
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340.01
(7r) "Commercial driver license information system" means the
11information system established pursuant to the federal commercial motor vehicle
12safety act of 1986,
49 USC 2701 to
2716 31301 to 31317, to serve as a clearinghouse
13for information related to the licensing and identification of commercial motor
14vehicle drivers.
AB402,55,15
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Section
121. 341.14 (6r) (b) 2. of the statutes is amended to read:
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341.14
(6r) (b) 2. An additional fee of
$10 $15 shall be charged for the issuance
17or reissuance of the plates for special groups specified under par. (f)
1. to 34., 48., 49.
18and 51.
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Section
122. 341.14 (6r) (b) 3. of the statutes is repealed.
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Section
123. 341.14 (6r) (b) 4. of the statutes is amended to read:
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341.14
(6r) (b) 4. An additional fee of $20 that is in addition to the fee under
22subd. 2.
or 3 shall be charged for the issuance or renewal of a plate issued on an
23annual basis for a special group specified under par. (f) 35. to 47. An additional fee
24of $40 that is in addition to the fee under subd. 2.
or 3. shall be charged for the
25issuance or renewal of a plate issued on a biennial basis for a special group specified
1under par. (f) 35. to 47 if the plate is issued or renewed during the first year of the
2biennial registration period or $20 for the issuance or renewal if the plate is issued
3or renewed during the 2nd year of the biennial registration period. The fee under
4this subdivision is deductible as a charitable contribution for purposes of the taxes
5under ch. 71.
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Section
124. 341.21 of the statutes is created to read:
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7341.21 Registration and title transactions by dealers. The department
8may contract with a motor vehicle dealer for services relating to the processing or
9distribution of original or renewal registrations under this chapter or certificates of
10title under ch. 342. The department may not compensate a motor vehicle dealer for
11services provided under this section. A contract with a motor vehicle dealer shall
12contain the following provisions:
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13(1) The amount of fees, if any, that the motor vehicle dealer may charge a person
14for services relating to the processing or distribution of an original or renewal
15registration or a certificate of title.
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16(2) Within 7 business days after the completion of an application, the motor
17vehicle dealer shall process the application and submit any required fees and other
18documentation to the department.
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19(3) The motor vehicle dealer shall retain all records related to an application
20for original or renewal registration or a certificate of title for at least 5 years.
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21(4) The department or its representative may, without any prior notice, conduct
22random inspections and audits of the motor vehicle dealer.