(6) No manufacturer shall directly or indirectly pay or give, or contract to pay or give, anything of service or value to any sales finance company licensee in this state, and no such sales finance company licensee in this state shall accept or receive or contract or agree to accept or receive directly or indirectly any payment or thing of service of or value from any manufacturer, if the effect of the payment or the giving of any such the thing of service or value by the manufacturer, or the acceptance or receipt thereof of the payment or thing of service or value by the sales finance company licensee, may be to lessen or eliminate competition or tend to grant an unfair trade advantage or create a monopoly in the sales finance company licensee who accepts or receives the payment, thing or service of value or contracts or agrees to accept or receive the same.
Note: Manufacturer, wholesaler and distributor are defined under s. 218.0101, as renumbered by this bill, as manufacturer, wholesalers and distributors of motor vehicles. Redundant and superfluous language is deleted.
31,271 Section 271. 218.01 (7a) of the statutes is renumbered 218.0146.
31,272 Section 272. 218.01 (7b) (title) of the statutes is renumbered 218.0147 (title).
31,273 Section 273. 218.01 (7b) of the statutes is renumbered 218.0147 (1) and amended to read:
218.0147 (1) No minor shall may purchase or lease any motor vehicle unless the minor, at the time of purchase or lease, submits to the seller or lessor a statement verified before a person authorized to administer oaths and made and signed by either parent of the purchaser or lessee, if such the signing parent has custody of the minor or, if neither parent has custody, then by the person having custody, setting forth that the purchaser or lessee has consent to purchase or lease the vehicle. The signature on the statement shall not impute any liability for the purchase price of the motor vehicle or for any payments under the consumer lease to the consenting person. The statement shall not adversely affect any other arrangement for the assumption of liability for the purchase price or any lease payments which the consenting person may make.
(2) If a motor vehicle is purchased by a minor, the signed statement described in sub. (1) shall accompany the application for a certificate of title and shall be filed by the department of transportation with the application. Failure to obtain the consent or to forward it, together with the application for a certificate of title in the event of the purchase of a motor vehicle, shall not void the contract of sale or consumer lease of a motor vehicle in the hands of an innocent holder, without notice, for value and in the ordinary course of business.
(3) Any person who sells or leases a motor vehicle to a minor with knowledge of such that fact without procuring such a the statement described in sub. (1) may be fined not more than $200 or imprisoned for not more than 6 months or both.
31,274 Section 274. 218.01 (7m) (title) of the statutes is renumbered 218.0136 (title).
31,275 Section 275. 218.01 (7m) (a) of the statutes is renumbered 218.0136 (1) and amended to read:
218.0136 (1) A licensee may not file a complaint or petition with the division of hearings and appeals or bring an action under sub. (9) (a) s. 218.0163 (1), based on an alleged violation of this section ss. 218.0101 to 218.0163 by any other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131 or 218.0134, unless the licensee serves a demand for mediation upon the other licensee before or contemporaneous with the filing of the complaint or petition or the bringing of the action. A demand for mediation shall be in writing and served upon the other licensee by certified mail at an address designated for that licensee in the licensor's records. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the licensee filing the demand.
31,276 Section 276. 218.01 (7m) (b) of the statutes is renumbered 218.0136 (2).
31,277 Section 277. 218.01 (7m) (c) of the statutes is renumbered 218.0136 (3) and amended to read:
218.0136 (3) The service of a demand for mediation under par. (a) sub. (1) shall stay the time for the filing of any complaint or petition with the division of hearings and appeals or for bringing an action under sub. (9) (a) s. 218.0163 (1), based on an alleged violation of this section ss. 218.0101 to 218.0163 by the other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x) under s. 218.0116 (7) or (8), 218.0131 or 218.0134, until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection section, enter an order suspending the proceeding or action for as long a period as the division of hearings and appeals or court considers to be appropriate. A suspension order issued under this paragraph subsection may be revoked upon motion of any party or upon motion of the division of hearings and appeals or the court.
31,278 Section 278. 218.01 (7m) (d) of the statutes is renumbered 218.0136 (4) and amended to read:
218.0136 (4) The licensor shall encourage licensees under this subsection section to establish, maintain and administer a panel of mediators who have the character, ability and training to serve as mediators and who have knowledge of the motor vehicle industry.
31,279 Section 279. 218.01 (7r) of the statutes is renumbered 218.0137 and amended to read:
218.0137 Arbitration of disputes between licensees. A manufacturer, importer or distributor and a dealer may agree to submit a dispute arising under a franchise agreement or under this section ss. 218.0101 to 218.0163 to binding arbitration. Unless agreed otherwise in an agreement that complies with subs. (2) (bm) 2. and (3) (a) 36. d. ss. 218.0114 (9) (b) and 218.0116 (1) (qm) 4., any arbitration proceeding shall be voluntary, initiated by serving a written demand for arbitration on the other party, and shall be conducted under the provisions of the state of Wisconsin arbitration plan administered by representatives of the licensees.
31,280 Section 280. 218.01 (7t) of the statutes is renumbered 218.0138 and amended to read:
218.0138 Immunity and presumption of good faith. A mediator or arbitrator is immune from civil liability for any good faith act or omission within the scope of the mediator's or arbitrator's performance of his or her powers and duties under sub. (7m) s. 218.0136 or the arbitration plan referred to in sub. (7r) s. 218.0137. Every act or omission of a mediator or arbitrator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.
31,281 Section 281. 218.01 (8) of the statutes is renumbered 218.0161 and amended to read:
218.0161 Penalties. Except for sub. (3) (a) 1., 3., 6., 7., 11., 12., 13., 20., 25., 29. and 30. s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), and except for violations for sub. (2) (a), (2a), (3a) (c) or (7b) s. 218.0114 (1), 218.0117 (3), 218.0119 or 218.0147, any person violating this section ss. 218.0101 to 218.0163 may be required to forfeit not less than $25 nor more than $500 for each violation.
31,282 Section 282. 218.01 (8m) of the statutes is renumbered 218.0162 and amended to read:
218.0162 Commencement of action. Upon the request of the licensor, the department of justice or the district attorney may commence an action in the name of the state to recover a forfeiture under sub. (8) s. 218.0161. An action under sub. (8) s. 218.0161 shall be commenced within 3 years after the occurrence of the unlawful act or practice which is the subject of the action.
31,283 Section 283. 218.01 (9) of the statutes is renumbered 218.0163 and amended to read:
218.0163 Civil damages. (1) Without exhausting any administrative remedy available under an agreement or this section ss. 218.0101 to 218.0163, except as provided in sub. (3) (f) and (fm) s. 218.0116 (7) and (8), a licensee may recover damages in a court of competent jurisdiction for pecuniary loss, together with actual costs including a reasonable attorney fee fees, if the pecuniary loss is caused by any of the following:
(a) A violation by any other licensee of sub. (3) (a) 4., 11., 15., 16., 17., 22., 23., 24., 26., 32., 35., 36., 37., 38., 39., 40., 41. or 43. s. 218.0116 (1) (bm), (f), (h), (hm), (i), (km), (L), (Lm), (mm), (pm), (q), (qm), (r), (rm), (s), (sm), (t) or (u).
(b) Any unfair practice found by a licensor or the division of hearings and appeals under sub. (5) (a) s. 218.0152 (1).
(1m) If a court finds that a violation or practice described in par. (a) 1. or 2. sub. (1) (a) or (b) is wilful, a licensee shall recover damages in an amount equal to 3 times the pecuniary loss, together with actual costs including reasonable attorney fees.