LRBf85/1
PEN:kmg:mj
1995 - 1996 LEGISLATURE
SENATE AMENDMENT 123,
To 1995 ASSEMBLY BILL 150
June 28, 1995 - Offered by Senators Ellis, Leean, Rude, A. Lasee, Drzewiecki, Zien,
Petak, Buettner, Schultz, Fitzgerald, Rosenzweig, Darling, Panzer
and
Farrow.
AB150-SA123,1,11 At the locations indicated, amend the engrossed bill as follows:
AB150-SA123,1,3 21. Page 175, line 1: delete ", except as it affects 20.395 of the statutes,", as
3inserted by senate amendment 116.
AB150-SA123,1,7 42. Page 249, line 1: on page 7, line 6, of the material inserted by senate
5amendment 117, decrease the dollar amount for fiscal year 1995-96 by $1,200,000
6and decrease the dollar amount for fiscal year 1996-97 by $1,200,000 to decrease
7funding for the purposes for which the appropriation is made.
AB150-SA123,1,9 83. Page 290, line 2: increase the dollar amount for fiscal year 1996-97 by
9$614,400 to increase funding for the purpose for which the appropriation is made.
AB150-SA123,1,10 104. Page 413, line 7: delete the material inserted by senate amendment 116.
AB150-SA123,1,12 115. Page 557, line 15: after that line, delete the material inserted by senate
12amendment 117 and substitute:
AB150-SA123,1,13 13" Section 1401mbe. 25.29 (1) (c) of the statutes is amended to read:
AB150-SA123,2,614 25.29 (1) (c) For fiscal year 1992-93, and for each fiscal year thereafter, an An
15amount equal to the estimated motorboat gas tax payment multiplied by 1.4. The

1estimated motorboat gas tax payment is calculated by multiplying the number of
2motorboats registered under s. 30.52 on January 1 of the previous fiscal year by 50
3gallons and multiplying that product by the sum of the excise tax imposed under s.
478.01 (1) and the oil company franchise fee under ch. 140 calculated on a
5cents-per-gallon basis by the department of revenue under s. 140.03 (7) that are
6imposed
on April 1 of the previous fiscal year.
AB150-SA123, s. 1401mde 7Section 1401mde. 25.29 (1) (d) 1. of the statutes is amended to read:
AB150-SA123,2,138 25.29 (1) (d) 1. An amount calculated by multiplying the number of
9snowmobiles registered under s. 350.12 on the last day of February of the previous
10fiscal year by 50 gallons and multiplying that product by the sum of the excise tax
11imposed under s. 78.01 (1) and the oil company franchise fee under ch. 140 calculated
12on a cents-per-gallon basis by the department of revenue under s. 140.03 (7) that
13are imposed
on the last day of February of the previous fiscal year.
AB150-SA123, s. 1401mfd 14Section 1401mfd. 25.29 (1) (dm) of the statutes is amended to read:
AB150-SA123,2,2415 25.29 (1) (dm) For fiscal year 1991-92 and for each fiscal year thereafter, an
16An amount equal to the estimated all-terrain vehicle gas tax payment. The
17estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum
18of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c)
19and the number of reflectorized plates issued under s. 23.33 (2) (dm) on the last day
20of February of the previous fiscal year by 25 gallons and multiplying that product by
21the sum of the excise tax imposed under s. 78.01 (1) and the oil company franchise
22fee under ch. 140 calculated on a cents-per-gallon basis by the department of
23revenue under s. 140.03 (7) that are imposed
on the last day of February of the
24previous fiscal year.".
AB150-SA123,3,2
16. Page 559, line 8: after that line, on page 19, line 19, of the material inserted
2by senate amendment 117, delete "407m" and substitute "1407m".
AB150-SA123,3,4 37. Page 1113, line 13: on page 20, line 14, of the material inserted by senate
4amendment 117, delete "3362mb.." and substitute "3362mb.".
AB150-SA123,3,6 58. Page 1222, line 1: before the material inserted by senate amendment 117,
6insert:
AB150-SA123,3,7 7" Section 3522gb. 84.59 (2) of the statutes is amended to read:
AB150-SA123,3,138 84.59 (2) The department may, under s. 18.56 (5) and (9) (j), deposit in a
9separate and distinct fund outside the state treasury, in an account maintained by
10a trustee, revenues derived under s. 341.25 and ch. 140. The revenues deposited are
11the trustee's revenues in accordance with the agreement between this state and the
12trustee or in accordance with the resolution pledging the revenues to the repayment
13of revenue obligations issued under this section.".
AB150-SA123,3,14 149. Page 1225, line 7: delete the material inserted by senate amendment 116.
AB150-SA123,3,16 1510. Page 1489, line 11: after that line, on page 42, after line 17, of the material
16inserted by senate amendment 117, insert:
AB150-SA123,4,2 17"140.025 Refunds. Any person who is eligible for an exemption under s. 78.01,
18or a refund under s. 78.75, because the person uses motor vehicle fuel to operate a
19motor vehicle elsewhere than on the public highways and for the purpose of farming,
20as defined in section 464 (e) 1 of the internal revenue code, is eligible for a refund
21equal to the fee under this chapter payable by the supplier on the motor vehicle fuel
22that the person purchases at retail for those purposes. Section 78.75 (1m) (a) 3. and
23(b) to (f) and (2), as it applies to refunds under ch. 78, applies to refunds under this

1section. The penalties under s. 78.73 (1) (d), as they apply to claims for refund under
2s. 78.75, apply to claims for refunds under this section.".
AB150-SA123,4,4 311. Page 1875, line 11: delete the material inserted by senate amendments
4116 and 117, and substitute:
AB150-SA123,4,5 5" Section 5847eb. 218.01 (2) (bd) 1g. of the statutes is amended to read:
AB150-SA123,4,146 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a
7notice of discontinuation or cancellation by certified mail, and forward a copy of the
8notice to the department, not less than 20 days before the effective date of
9discontinuation or cancellation of the agreement, if the dealer or distributor fails to
10conduct its customary sales and service operations during its customary business
11hours for 7 consecutive business days unless the failure is caused by an act of God,
12by work stoppage or delays due to strikes or labor disputes or other reason beyond
13the dealer's or distributor's control or by an order of the department or the office of
14the commissioner of transportation
division of hearings and appeals.
AB150-SA123, s. 5847gb 15Section 5847gb. 218.01 (2) (bd) 1g. of the statutes, as affected by 1995
16Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-SA123,5,217 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a
18notice of discontinuation or cancellation by certified mail, and forward a copy of the
19notice to the department of transportation, not less than 20 days before the effective
20date of discontinuation or cancellation of the agreement, if the dealer or distributor
21fails to conduct its customary sales and service operations during its customary
22business hours for 7 consecutive business days unless the failure is caused by an act
23of God, by work stoppage or delays due to strikes or labor disputes or other reason

1beyond the dealer's or distributor's control or by an order of the department of
2transportation or the division of hearings and appeals.
AB150-SA123, s. 5847mb 3Section 5847mb. 218.01 (2) (bd) 1r. of the statutes is amended to read:
AB150-SA123,5,54 218.01 (2) (bd) 1r. The notice served upon a motor vehicle dealer under subds.
51. and 1g. is not effective unless it conspicuously displays the following statement:
AB150-SA123,5,66 NOTICE TO DEALER
AB150-SA123,5,167 YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE
8PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2)
9A HEARING BY THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION
10division of hearings and appeals IF MEDIATION DOES NOT RESOLVE
11THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN
12STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR
13NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT
14YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN
15DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone
16number)."
AB150-SA123,5,17 1712. Page 1882, line 3: after that line insert:
AB150-SA123,5,18 18" Section 5867mb. 218.01 (2c) (c) of the statutes is amended to read:
AB150-SA123,6,219 218.01 (2c) (c) The ownership, operation or control of a dealership by a
20manufacturer, importer or distributor, or subsidiary thereof, which does not meet the
21conditions under par. (a) or (b), if the office of the commissioner of transportation
22division of hearings and appeals determines, after a hearing on the matter at the
23request of any party, that there is no prospective independent dealer available to own
24and operate the dealership in a manner consistent with the public interest and that

1meets the reasonable standard and uniformly applied qualifications of the
2manufacturer, importer or distributor.".
AB150-SA123,6,3 313. Page 1884, line 1: before that line insert:
AB150-SA123,6,4 4" Section 5869m. 218.01 (3) (a) 24. of the statutes is amended to read:
AB150-SA123,6,115 218.01 (3) (a) 24. Being a manufacturer, importer or distributor who fails to
6comply with the procedures in sub. (3x) regarding a dealer's request for approval of
7a change of ownership or executive management, transfer of its dealership assets to
8another person, adding another franchise at the same location as its existing
9franchise, or relocation of a franchise or who fails to comply with an order of the office
10of the commissioner of transportation
division of hearings and appeals issued under
11sub. (3x).".
AB150-SA123,6,13 1214. Page 1890, line 1: delete the material inserted by senate amendments 116
13and 117, and substitute:
AB150-SA123,6,14 14" Section 5885gb. 218.01 (3x) (b) 2. of the statutes is amended to read:
AB150-SA123,7,615 218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed
16action shall, within 30 days after receiving the dealer's written notice of the proposed
17action or within 30 days after receiving all the information specified in a written list
18served on the dealer under subd. 1., whichever is later, file with the department and
19serve upon the dealer a written statement of the reasons for its disapproval. The
20reasons given for the disapproval or any explanation of those reasons by the
21manufacturer, distributor or importer shall not subject the manufacturer,
22distributor or importer to any civil liability unless the reasons given or explanations
23made are malicious and published with the sole intent to cause harm to the dealer
24or a transferee of the dealer. Failure to file and serve a statement within the

1applicable period shall, notwithstanding the terms of any agreement, constitute
2approval of the proposed action by the grantor. If an affected grantor files a written
3statement within the applicable period, the dealer may not voluntarily undertake
4the proposed action unless it receives an order permitting it to do so from the office
5of the commissioner of transportation
division of hearings and appeals under par. (c)
62.
AB150-SA123, s. 5885mb 7Section 5885mb. 218.01 (3x) (b) 2. of the statutes, as affected by 1995
8Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-SA123,7,239 218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed
10action shall, within 30 days after receiving the dealer's written notice of the proposed
11action or within 30 days after receiving all the information specified in a written list
12served on the dealer under subd. 1., whichever is later, file with the department of
13transportation and serve upon the dealer a written statement of the reasons for its
14disapproval. The reasons given for the disapproval or any explanation of those
15reasons by the manufacturer, distributor or importer shall not subject the
16manufacturer, distributor or importer to any civil liability unless the reasons given
17or explanations made are malicious and published with the sole intent to cause harm
18to the dealer or a transferee of the dealer. Failure to file and serve a statement within
19the applicable period shall, notwithstanding the terms of any agreement, constitute
20approval of the proposed action by the grantor. If an affected grantor files a written
21statement within the applicable period, the dealer may not voluntarily undertake
22the proposed action unless it receives an order permitting it to do so from the division
23of hearings and appeals under par. (c) 2.
AB150-SA123, s. 5886db 24Section 5886db. 218.01 (3x) (b) 3. of the statutes is amended to read:
AB150-SA123,8,8
1218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected
2grantor under subd. 2 may file with the department and the office of the
3commissioner of transportation
division of hearings and appeals and serve upon the
4affected grantor a complaint for the determination of whether there is good cause for
5permitting the proposed action to be undertaken. The office of the commissioner of
6transportation
division of hearings and appeals shall promptly schedule a hearing
7and decide the matter. The proposed action may not be undertaken pending the
8determination of the matter.
AB150-SA123, s. 5886gb 9Section 5886gb. 218.01 (3x) (b) 3. of the statutes, as affected by 1995
10Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-SA123,8,1711 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected
12grantor under subd. 2. may file with the department of transportation and the
13division of hearings and appeals and serve upon the affected grantor a complaint for
14the determination of whether there is good cause for permitting the proposed action
15to be undertaken. The division of hearings and appeals shall promptly schedule a
16hearing and decide the matter. The proposed action may not be undertaken pending
17the determination of the matter.
AB150-SA123, s. 5886jb 18Section 5886jb. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:
AB150-SA123,8,2119 218.01 (3x) (c) 1. (intro.) In determining if there is good cause for permitting
20a proposed action to be undertaken, the office of the commissioner of transportation
21division of hearings and appeals may consider any relevant factor including:
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