Senate Bill 96
Motor vehicle dealers
Became law
The governor signed it on Dec 8, 2011. It's .
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Introduced, passed
May 19, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed Oct 20, 2011
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Assembly vote, passed
Passed 85 to 7
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 91
Latest entry in the official record, Dec 12, 2011: “Published 12-20-2011”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, each manufacturer, importer, distributor, and dealer of motor vehicles that wishes to sell motor vehicles in this state must be licensed by the Department of Transportation (DOT). The manufacturer, importer, or distributor may have its license revoked and may be liable for pecuniary losses and attorney fees incurred by the dealer, if the manufacturer, importer, or distributor takes certain actions with respect to a dealer that have been enumerated as violations.
This bill enumerates several additional actions of a manufacturer, importer, or distributor with respect to a dealer as violations. These newly designated violations are: 1) conditioning certain agreements or approvals on the dealer's entry into a contract that allows the manufacturer, importer, or distributor to control the disposition or use of the dealer's dealership facilities; 2) unreasonably conditioning certain agreements or approvals on the dealer's improvement of the dealer's dealership facilities at a substantial cost to the dealer; 3) unreasonably requiring a dealer to maintain exclusive facilities for a particular line make of motor vehicles;
Read the full summary Show less
4) taking certain adverse actions against a dealer for charging a lawful service fee to a retail customer; 5) taking certain adverse actions against a dealer because, without the dealer's knowledge that the purchaser intended to export the motor vehicle, a motor vehicle purchaser exported a motor vehicle; 6) with certain exceptions, requiring a dealer to provide the manufacturer, importer, or distributor with information regarding the dealer's retail customers; 7) transferring nonpublic customer information obtained from a dealer to another dealer or otherwise using nonpublic customer information obtained from a dealer for a nonpermitted use; and 8) failing to properly indemnify a dealer.
Under current law, a manufacturer, importer, or distributor must reasonably compensate a dealer that performs certain motor vehicle service work for the manufacturer, importer, or distributor. Covered service work is work to rectify product defects or other defects covered by the warranty provided by the manufacturer, importer, or distributor, certain motor vehicle delivery or preparation obligations, and any other work approved by the manufacturer, importer, or distributor. The manufacturer, importer, or distributor must compensate the dealer, for service, at the effective labor rate charged to all customers and, for parts, generally at not less than the amount the dealer charges other retail service customers for the parts. To be eligible for compensation, a dealer must notify the manufacturer, importer, or distributor of the amount that the dealer charges other retail service customers for parts. The manufacturer, importer, or distributor may require the dealer to provide documentary substantiation of the claimed amount the dealer charges for parts.
This bill requires a manufacturer, importer, or distributor to compensate a dealer based on the dealer's "effective nonwarranty labor rate" and "average percentage markup over dealer cost for parts." To be eligible for compensation, a dealer must provide the manufacturer, importer, or dealer with 100 sequential repair orders for qualifying nonwarranty repairs or all repair orders for qualifying nonwarranty repairs performed in a 90-day period. Qualifying nonwarranty repairs are repairs that are not covered by a warranty, but would be covered by the warranty of a manufacturer, importer, or distributor if the repaired vehicle was covered by the warranty. The effective nonwarranty labor rate is determined by dividing the total customer labor charges for qualifying nonwarranty repairs by the total number of hours that would be allowed for the repairs if the repairs were made under the manufacturer's, importer's, or distributors time allowances. The dealer's average percentage markup over dealer cost for parts is determined by dividing total charges for parts for qualifying nonwarranty repairs by the total dealer cost for the parts.
Within 30 days of receiving the substantiating repair orders, the manufacturer, importer, or distributor must begin compensating the dealer based on the rates calculated from the orders. If there is a conflict between the rates calculated by the manufacturer, importer, or distributor and the dealer, the manufacturer, importer, or distributor must provide a written notice and explanation of the dispute to the dealer.
Under current law, with certain exceptions, when a manufacturer on direct dealership, a distributor on indirect dealership, or an importer on direct dealership (grantor) has entered into an agreement with a motor vehicle dealer and the grantor or dealer terminates, cancels, or does not renew the agreement, the grantor must pay to the dealer specified termination benefits. Among these benefits, the grantor must repurchase from the dealer unsold motor vehicles, parts, and accessories that meet certain criteria and pay the dealer a certain amount for the dealership facilities, but then the grantor is entitled to the possession and use of the dealership facilities.
Among the exceptions that allow a termination without payment of benefits are the termination, cancellation, or nonrenewal of an agreement following a determination that the dealer engaged in fraud or theft against the grantor and the termination or cancellation of an agreement by a dealer without adequate notice.
This bill requires payment of termination benefits upon the termination, cancellation, or nonrenewal of a franchise that may constitute less than the entire agreement between the grantor and dealer. This bill also requires a grantor to provide several additional items of termination benefits, including removing signs from the dealership facility and reimbursing the dealer for certain computer material and service contractual expenses and certain facility renovation expenses.
In addition, if the cancellation or nonrenewal of a franchise is due to a manufacturer's, importer's, or distributor's termination, cancellation, or discontinuation of a motor vehicle line make, the grantor must compensate the dealer in an amount not less than the fair market value of the terminated or nonrenewed franchise on the date immediately preceding the date the grantor announced the termination, cancellation, or discontinuation of the line make. This bill also provides several additional exceptions that allow termination, cancellation, or nonrenewal of a franchise without the payment of termination benefits. These are termination, cancellation, or nonrenewal: 1) after revocation of a necessary dealer license; 2) based on the dealer's failure to remain open during customary business hours for seven consecutive days; 3) based on the dealer's conviction of certain crimes; and 4) based on the dealer being subject to a bankruptcy or receivership filing.
This bill also requires a manufacturer, importer, or distributor to indemnify a dealer against certain claims alleging defective or negligent manufacture or design of the vehicle or its parts or accessories. Failure to adequately indemnify a dealer may result in the revocation of the manufacturer's, importer's, or distributor's license or liability for the dealer's pecuniary losses and attorney fees.
Who's behind it
11 senators are its . 6 are Republicans and 5 are Democrats.
22 more lawmakers .
See all 33 names Hide the names
Authors (11)
- Tim Carpenter · Democrat, Senate
- Rob Cowles · Republican, Senate
- Jon Erpenbach · Democrat, Senate
- Dave Hansen · Democrat, Senate
- Dan Kapanke · Republican, Senate
- Joe Leibham · Republican, Senate
- Luther S. Olsen · Republican, Senate
- Dale Schultz · Republican, Senate
- Timothy Cullen · Democrat, Senate
- Van Wanggaard · Republican, Senate
- Bob Wirch · Democrat, Senate
Signed on in support (22)
- Alvin Ott · Republican, Assembly
- Joan Ballweg · Republican, Senate
- Peter Barca · Democrat, Assembly
- Kathleen Bernier · Republican, Senate
- Edward Brooks · Republican, Assembly
- Fred Clark · Democrat, Assembly
- Mike Endsley · Republican, Assembly
- Jim Holperin · Democrat, Senate
- Steve Kestell · Republican, Assembly
- John Klenke · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- John Murtha · Republican, Assembly
- Kevin Petersen · Republican, Assembly
- Warren Petryk · Republican, Assembly
- Keith Ripp · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- John Steinbrink · Democrat, Assembly
- Thomas Larson · Republican, Assembly
- Amy Sue Vruwink · Democrat, Assembly
- Chad Weininger · Republican, Assembly
- Mary Williams · Republican, Assembly
- Josh Zepnick · Democrat, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 3 votes on this bill.
Senate Committee on Transportation and Elections vote on an amendment
Passed, 5 to 0 · Oct 13, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Substitute Amendment 1 recommended by committee on Transportation and Elections, Ayes 5, Noes 0 by committee on Transportation and Elections”. Official record · This vote on its own page
Senate vote to pass it
Passed, 32 to 1 · Oct 20, 2011
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (32)
- Alberta Darling (R, 8)
- Bob Wirch (D, 22)
- Chris Larson (D, 7)
- Dale Schultz (R, 17)
- Dave Hansen (D, 30)
- Frank G. Lasee (R, 1)
- Fred A. Risser (D, 26)
- Glenn Grothman (R, 20)
- Jennifer Shilling (D, 32)
- Jessica King (D, 18)
- Jim Holperin (D, 12)
- Joe Leibham (R, 9)
- Jon Erpenbach (D, 27)
- Julie M. Lassa (D, 24)
- Kathleen Vinehout (D, 31)
- Lena Taylor (D, 4)
- Luther S. Olsen (R, 14)
- Mark Miller (D, 16)
- Mary Lazich (R, 28)
- Michael Ellis (R, 19)
- Neal Kedzie (R, 11)
- Pam Galloway (R, 29)
- Rich Zipperer (R, 33)
- Rob Cowles (R, 2)
- Robert Jauch (D, 25)
- Scott L. Fitzgerald (R, 13)
- Sheila Harsdorf (R, 10)
- Spencer Coggs (D, 6)
- Terry Moulton (R, 23)
- Tim Carpenter (D, 3)
- Timothy Cullen (D, 15)
- Van Wanggaard (R, 21)
No (1)
- Leah Vukmir (R, 5)
Official motion: “Read a third time and passed, Ayes 32, Noes 1”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 85 to 7 · Oct 25, 2011 · 4 didn't vote
See how each of the 96 representatives voted Hide the names
D: Democrat, I: Independent, R: Republican
Yes (85)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Andy Jorgensen (D, 43)
- Bob Ziegelbauer (I, 25)
- Brett Hulsey (D, 78)
- Chad Weininger (R, 4)
- Chris Danou (D, 92)
- Chris Taylor (D, 76)
- Christine Sinicki (D, 20)
- Cory Mason (D, 66)
- Dan Knodl (R, 24)
- Dan Meyer (R, 34)
- Daniel LeMahieu (R, 59)
- David Cullen (D, 13)
- Dean Kaufert (R, 53)
- Don Pridemore (R, 22)
- Donna Seidel (D, 85)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Elizabeth Coggs (D, 10)
- Evan Wynn (R, 43)
- Fred Clark (D, 81)
- Frederick Kessler (D, 12)
- Gary Hebl (D, 46)
- Gary Tauchen (R, 6)
- Gordon Hintz (D, 54)
- Howard Marklein (R, 17)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jim Ott (R, 23)
- Jim Steineke (R, 5)
- JoCasta Zamarripa (D, 8)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Murtha (R, 29)
- John Nygren (R, 89)
- John Steinbrink (D, 65)
- Jon Richards (D, 19)
- Josh Zepnick (D, 9)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Leon Young (D, 16)
- Louis Molepske Jr. (D, 71)
- Margaret Krusick (D, 7)
- Mark Honadel (R, 21)
- Mark Pocan (D, 78)
- Mark Radcliffe (D, 92)
- Mary Williams (R, 87)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Nick Milroy (D, 73)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Penny Bernard Schaber (D, 57)
- Peter Barca (D, 64)
- Richard Spanbauer (R, 53)
- Robert Turner (D, 61)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Sandy Pasch (D, 10)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Sondy Pope (D, 80)
- Steve Doyle (D, 94)
- Steve Kestell (R, 27)
- Steve Nass (R, 11)
- Terese Berceau (D, 77)
- Thomas Larson (R, 67)
- Thomas Tiffany (R, 12)
- Tony Staskunas (D, 15)
- Travis Tranel (R, 49)
- Warren Petryk (R, 93)
No (7)
- Bill Kramer (R, 97)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- David Craig (R, 28)
- Dean Knudson (R, 30)
- Erik Severson (R, 28)
- Tyler August (R, 31)
Didn't vote (4)
- Barbara Toles (D, 17)
- Jason Fields (D, 11)
- Kelda Roys (D, 26)
- Tamara Grigsby (D, 18)
Official motion: “Read a third time and concurred in, Ayes 85, Noes 7”. Official record · This vote on its own page
What happened
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Dec 12, 2011
The new law was published.
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Dec 8, 2011
The governor signed it. It became 2011 Wisconsin Act 91.
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Dec 6, 2011
Sent to the governor.
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Oct 25, 2011
The Assembly passed it too, 85 to 7.
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Oct 20, 2011
Sent to the Assembly Committee on Rules.
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Oct 20, 2011
The Assembly received it.
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Oct 20, 2011
The Senate passed it, 32 to 1.
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Oct 20, 2011
The Senate adopted it.
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Oct 13, 2011
The committee voted to recommend passing it, 5 to 0.
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Oct 13, 2011
“Report adoption of Senate Substitute Amendment 1 recommended by committee on Transportation and Elections, Ayes 5, Noes 0” (the official wording)
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Oct 13, 2011
“Report introduction of Senate Substitute Amendment 1 recommended by committee on Transportation and Elections, Ayes 5, Noes 0 by committee on Transportation and Elections” (the official wording)
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Aug 23, 2011
The committee held a public hearing.
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Aug 22, 2011
1 more senator signed on in support.
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Jun 3, 2011
A state agency sent in its estimate of the cost.
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May 19, 2011
Sent to the Senate Committee on Transportation and Elections.
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May 19, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- May 19, 2011 · Senate
Introduced by Senators Leibham, Carpenter, Cowles, T. Cullen, Erpenbach, Hansen, Olsen, Schultz, Wanggaard, Kapanke and Wirch;Cosponsored by Representatives Ballweg, Barca, Bernier, Brooks, Clark, Endsley, Kestell, Klenke, T. Larson, Mursau, A. Ott, Petersen, Petryk, Ripp, Spanbauer, Steinbrink, Vruwink, Weininger, Williams, Zepnick and Murtha
- May 19, 2011 · Senate
Read first time and referred to committee on Transportation and Elections
- Jun 3, 2011 · Senate
Fiscal estimate received
- Aug 22, 2011 · Senate
Senator Holperin added as a coauthor
- Aug 23, 2011 · Senate
Public hearing held
- Oct 13, 2011 · Senate
Executive action taken
- Oct 13, 2011 · Senate
Report introduction of Senate Substitute Amendment 1 recommended by committee on Transportation and Elections, Ayes 5, Noes 0 by committee on Transportation and Elections
- Oct 13, 2011 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by committee on Transportation and Elections, Ayes 5, Noes 0
- Oct 13, 2011 · Senate
Report passage as amended recommended by committee on Transportation and Elections, Ayes 5, Noes 0
- Oct 13, 2011 · Senate
Available for scheduling
- Oct 19, 2011 · Senate
Placed on calendar 10-20-2011 pursuant to Senate Rule 18(1)
- Oct 20, 2011 · Senate
Read a second time
- Oct 20, 2011 · Senate
Senate substitute amendment 1 adopted
- Oct 20, 2011 · Senate
Ordered to a third reading
- Oct 20, 2011 · Senate
Rules suspended
- Oct 20, 2011 · Senate
Read a third time and passed, Ayes 32, Noes 1
- Oct 20, 2011 · Senate
Ordered immediately messaged
- Oct 20, 2011 · Assembly
Received from Senate
- Oct 20, 2011 · Assembly
Read first time and referred to committee on Rules
- Oct 20, 2011 · Assembly
Placed on calendar 10-25-2011 by committee on Rules
- Oct 25, 2011 · Assembly
Rules suspended to withdraw from calendar and take up
- Oct 25, 2011 · Assembly
Read a second time
- Oct 25, 2011 · Assembly
Ordered to a third reading
- Oct 25, 2011 · Assembly
Rules suspended
- Oct 25, 2011 · Assembly
Read a third time and concurred in, Ayes 85, Noes 7
- Oct 25, 2011 · Assembly
Ordered immediately messaged
- Oct 26, 2011 · Senate
Received from Assembly concurred in
- Nov 9, 2011 · Senate
Report correctly enrolled on 11-9-2011
- Dec 6, 2011 · Senate
Presented to the Governor on 12-5-2011
- Dec 8, 2011 · Senate
Report approved by the Governor on 12-7-2011. 2011 Wisconsin Act 91
- Dec 12, 2011 · Senate
Published 12-20-2011
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote