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:
AB150-SA123, s. 5886mb 22Section 5886mb. 218.01 (3x) (c) 2. of the statutes is amended to read:
AB150-SA123,9,423 218.01 (3x) (c) 2. The decision of the office of the commissioner of
24transportation
division of hearings and appeals shall be in writing and shall contain
25findings of fact and a determination of whether there is good cause for permitting the

1proposed action to be undertaken. The decision shall include an order that the dealer
2be allowed or is not allowed to undertake the proposed action, as the case may be.
3The order may require fulfillment of appropriate conditions before and after the
4proposed action is undertaken.".
AB150-SA123,9,5 515. Page 1895, line 19: after that line insert:
AB150-SA123,9,6 6" Section 5893gb. 218.01 (7m) (a) of the statutes is amended to read:
AB150-SA123,9,167 218.01 (7m) (a) A licensee may not file a complaint or petition with the office
8of the commissioner of transportation
division of hearings and appeals or bring an
9action under sub. (9) (a), based on an alleged violation of this section by any other
10licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
11demand for mediation upon the other licensee before or contemporaneous with the
12filing of the complaint or petition or the bringing of the action. A demand for
13mediation shall be in writing and served upon the other licensee by certified mail at
14an address designated for that licensee in the licensor's records. The demand for
15mediation shall contain a brief statement of the dispute and the relief sought by the
16licensee filing the demand.
AB150-SA123, s. 5893mb 17Section 5893mb. 218.01 (7m) (c) of the statutes is amended to read:
AB150-SA123,9,2418 218.01 (7m) (c) The service of a demand for mediation under par. (a) shall stay
19the time for the filing of any complaint or petition with the office of the commissioner
20of transportation
division of hearings and appeals or for bringing an action under
21sub. (9) (a), based on an alleged violation of this section by the other licensee or
22pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
23have met with a mutually selected mediator for the purpose of attempting to resolve
24the dispute. If a complaint or petition is filed before the meeting, the office of the

1commissioner of transportation
division of hearings and appeals or the court shall
2enter an order suspending the proceeding or action until the meeting has occurred
3and may, upon the written stipulation of all parties to the proceeding or action that
4they wish to continue to mediate under this subsection, enter an order suspending
5the proceeding or action for as long a period as the commissioner of transportation
6division of hearings and appeals or court considers to be appropriate. A suspension
7order issued under this paragraph may be revoked upon motion of any party or upon
8motion of the office of the commissioner of transportation division of hearings and
9appeals
or the court.".
AB150-SA123,10,11 1016. Page 2126, line 19: on page 49, after line 19, of the material inserted by
11senate amendment 117, insert:
AB150-SA123,10,12 12" Section 6409zb. 341.21 of the statutes is created to read:
AB150-SA123,10,18 13341.21 Registration and title transactions by dealers. The department
14may contract with a motor vehicle dealer for services relating to the processing or
15distribution of original or renewal registrations under this chapter or certificates of
16title under ch. 342. The department may not compensate a motor vehicle dealer for
17services provided under this section. A contract with a motor vehicle dealer shall
18contain the following provisions:
AB150-SA123,10,21 19(1) The amount of fees, if any, that the motor vehicle dealer may charge a person
20for services relating to the processing or distribution of an original or renewal
21registration or a certificate of title.
AB150-SA123,10,24 22(2) Within 7 business days after the completion of an application, the motor
23vehicle dealer shall process the application and submit any required fees and other
24documentation to the department.
AB150-SA123,11,2
1(3) The motor vehicle dealer shall retain all records related to an application
2for original or renewal registration or a certificate of title for at least 5 years.
AB150-SA123,11,4 3(4) The department or its representative may, without any prior notice, conduct
4random inspections and audits of the motor vehicle dealer.".
AB150-SA123,11,6 517. Page 2633, line 6: on page 79, lines 14 and 15, of the material inserted by
6senate amendment 117, delete "calendar year 1997" and substitute "July 1, 1996".
AB150-SA123,11,7 718. Page 2727, line 16: delete the material inserted by senate amendment 116.
AB150-SA123,11,8 819. Page 2736, line 21: delete "and 1g.", as inserted by senate amendment 116.
AB150-SA123,11,9 920. Page 2737, line 3: delete "2. and 3.", as inserted by senate amendment 116.
AB150-SA123,11,12 1021. Page 2740, line 23: on line 23, and on lines 23 and 24, delete the material
11inserted by senate amendments 116 and 117; and after "of" insert "sections 215.02
12(title), 218.01 (2) (bd) 1g., 218.01 (3x) (b) 2. and 218.01 (3x) (b) 3.".
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