218.0114 (7) (d) Any dealer or distributor discontinued or canceled may, on or before the date on which the discontinuation or cancellation becomes effective, file with the department of transportation and division of hearings and appeals and serve upon the respondent manufacturer, distributor or importer a complaint for a determination of unfair discontinuation or cancellation under sub. (3) (a) 17. s. 218.0116 (1) (i). Allowing opportunity for an answer, the division of hearings and appeals shall thereafter schedule a hearing on and decide the matter. Agreements and certificates of appointment shall continue in effect until final determination of the issues raised in such the complaint. If the complainant prevails he or she the complainant shall have a cause of action against the defendant respondent for reasonable expenses and attorney fees incurred by him or her the complainant in such the matter.

31,68 Section 68. 218.01 (2) (bd) 3. of the statutes is renumbered 218.0114 (2m) and amended to read:

218.0114 (2m) No manufacturers', distributors' or importers' vehicles shall be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles are licensed under s. 218.01 ss. 218.0101 to 218.0163. The obtaining of a license under s. 218.01 ss. 218.0101 to 218.0163 shall conclusively establish that such a manufacturer, distributor or importer is doing business in this state and shall subject the licensee to all provisions of the Wisconsin statutes regulating manufacturers, importers and distributors.

31,69 Section 69. 218.01 (2) (bf) of the statutes is renumbered 218.0114 (8) and amended to read:

218.0114 (8) Within 60 days after the department of transportation issues a declaratory ruling under s. 227.41 that an agreement is inconsistent with par. (bm) sub. (9), a manufacturer, distributor or importer shall remove or revise any provision of the agreement declared to be inconsistent with par. (bm) sub. (9).

31,70 Section 70. 218.01 (2) (bm) 1. (intro.) of the statutes is renumbered 218.0114 (9) (a) (intro.) and amended to read:

218.0114 (9) (a) (intro.) Except as provided in par. (bo) sub. (10), provisions of an agreement which do any of the following are void and prohibited:

31,71 Section 71. 218.01 (2) (bm) 1. a. of the statutes is renumbered 218.0114 (9) (a) 1. and amended to read:

218.0114 (9) (a) 1. Waive a remedy or defense available to a distributor or dealer or other provision protecting the interests of a distributor or dealer under this section ss. 218.0101 to 218.0163 or under rules promulgated by the department of transportation under this section ss. 218.0101 to 218.0163.

31,72 Section 72. 218.01 (2) (bm) 1. b. of the statutes is renumbered 218.0114 (9) (a) 2.

31,73 Section 73. 218.01 (2) (bm) 1. c. of the statutes is renumbered 218.0114 (9) (a) 3.

31,74 Section 74. 218.01 (2) (bm) 2. of the statutes is renumbered 218.0114 (9) (b) and amended to read:

218.0114 (9) (b) 1. Notwithstanding subd. 1. b. par. (a) 2. and subject to sub. (3) (a) 36. d. s. 218.0116 (1) (qm) 4., an agreement may provide for the resolution of disputes by arbitration, including binding arbitration, if both parties to the agreement voluntarily agree to an arbitration provision. An arbitrator acting under this subd. 2. a. subdivision shall be bound by the laws of this state, including par. (bd) 2. sub. (7) (d) and other provisions of this section ss. 218.0101 to 218.0163.

2. No finding of an arbitrator is binding upon any person who is not a party to the agreement. A finding of an arbitrator does not bind the department of transportation with respect to enforcement of this section ss. 218.0101 to 218.0163.

31,75 Section 75. 218.01 (2) (bm) 3. of the statutes is renumbered 218.0114 (9) (c) and amended to read:

218.0114 (9) (c) Notwithstanding subd. 1. b. par. (a) 2., an agreement may require a dealer or distributor to submit disputes to a nonbinding and reasonably prompt dispute resolution procedure before bringing an action in another forum.

31,76 Section 76. 218.01 (2) (bo) (intro.) of the statutes is renumbered 218.0114 (10) (intro.) and amended to read:

218.0114 (10) (intro.) Paragraph (bm) Subsection (9) does not apply to any of the following:

31,77 Section 77. 218.01 (2) (bo) 1. of the statutes is renumbered 218.0114 (10) (a).

31,78 Section 78. 218.01 (2) (bo) 2. of the statutes is renumbered 218.0114 (10) (b) and amended to read:

218.0114 (10) (b) An agreement, made after a dealer receives notice under sub. (3) (f) 1. s. 218.0116 (7) (a), which waives the dealer's right to file a complaint protesting the establishment or relocation of a dealership proposed in the notice.

31,79 Section 79. 218.01 (2) (bs) of the statutes is renumbered 218.0114 (11) and amended to read:

218.0114 (11) A manufacturer, distributor or importer shall designate in writing the area of sales responsibility assigned to a motor vehicle dealer. A manufacturer, distributor or importer may not modify the area of sales responsibility to avoid the requirements of sub. (3) (f) s. 218.0116 (7).

31,80 Section 80. 218.01 (2) (c) 1. of the statutes is renumbered 218.0114 (12) (a) and amended to read:

218.0114 (12) (a) Except as provided in subd. 2. par. (b), all licenses shall be granted or refused within 60 days after the licensor receives the application for the license.

31,81 Section 81. 218.01 (2) (c) 2. a. of the statutes is renumbered 218.0114 (12) (b) 1.

31,82 Section 82. 218.01 (2) (c) 2. b. of the statutes is renumbered 218.0114 (12) (b) 2. and amended to read:

218.0114 (12) (b) 2. In cases where a complaint has been filed under sub. (3) (f) s. 218.0116 (7) protesting the proposed establishment or relocation of a dealership in a relevant market area, no license may be issued until the division of hearings and appeals has rendered a decision permitting the issuance of the license.

31,83 Section 83. 218.01 (2) (cm) of the statutes is renumbered 218.0114 (13) and amended to read: