§ 218.51 — Buyer identification cards.

Wisconsin § 218.51

• Jurisdiction: Wisconsin
• Ch. 218: Finance companies, auto dealers, adjustment companies and collection agencies
• Subch.: subch. X of ch. 218 SUBCHAPTER X

Text

218.51
218.51(1) (1) The department shall issue buyer identification cards to qualified applicants who wish to purchase or submit bids for the purchase of used or damaged motor vehicles from a motor vehicle salvage pool. The department shall specify the form of the buyer identification card.
218.51(2) (2) A buyer identification card entitles a cardholder to purchase or submit bids for the purchase of a motor vehicle from a motor vehicle salvage pool during the buyer identification card period.
218.51(3) (3)
218.51(3)(a) (a) The department shall administer this section and specify the form of the application for a buyer identification card and the information required to be provided in the application.
218.51(3)(am) (am)
218.51(3)(am)1. 1. In addition to any other information required under par. (a) and except as provided in subd. 3. , an application for a buyer identification card shall include the following:
218.51(3)(am)2. 2. The department of transportation may not disclose any information received under subd. 1. a. or b. to any person except to the department of children and families for the sole purpose of administering s. 49.22 , the department of revenue for the sole purpose of requesting certifications under s. 73.0301 , and the department of workforce development for the sole purpose of requesting certifications under s. 108.227 .
218.51(3)(am)3. 3. If an applicant for the issuance or renewal of a buyer identification card is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the buyer identification card, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. Any buyer identification card issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
218.51(3)(b) (b)
218.51(3)(b)1. 1. The department shall promulgate rules establishing the buyer identification card period.
218.51(3)(b)2. 2. The department may promulgate rules establishing a uniform expiration date for all buyer identification cards issued under this section.
218.51(3)(c) (c) The department shall establish by rule the amount of the fee for a buyer identification card issued under this section. The department may not require a fee for an individual who is eligible for the veterans fee waiver program under s. 45.44 for a buyer identification card issued under this section.
218.51(3)(d) (d) If the department issues a buyer identification card under this section during the buyer identification card period, the fee for the buyer identification card shall equal the amount established under par. (c) , expressed at an annual rate, multiplied by the number of calendar years, including parts of calendar years, during which the buyer identification card remains in effect. A fee determined under this paragraph may not exceed the total buyer identification card fee for the entire buyer identification card period under par. (b) .
218.51(4) (4) The department may deny, suspend or revoke a buyer identification card on any of the following grounds:
218.51(4)(a) (a) Proof of unfitness.
218.51(4)(b) (b) Material misstatement in the application for a buyer identification card.
218.51(4)(c) (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.51(4)(d) (d) Willful failure to comply with any provision of this subchapter or any rule promulgated by the department under this subchapter.
218.51(4)(e) (e) Failure or refusal to furnish and keep in force any bond required.
218.51(4)(f) (f) Having made a fraudulent transaction or having permitted the fraudulent use of his or her buyer identification card.
218.51(4)(g) (g) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars required under this subchapter to be stated or furnished to a motor vehicle salvage pool.
218.51(4)(h) (h) Having violated any law relating to the sale, distribution or financing of salvaged parts.
218.51(4m) (4m)
218.51(4m)(a) (a) The department shall deny, restrict, limit or suspend a license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857 .
218.51(4m)(b) (b)
218.51(4m)(b)1. 1. A buyer identification card shall be denied if the applicant fails to provide any information required under sub. (3) (am) 1.
218.51(4m)(b)2. 2. A buyer identification card shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the cardholder is liable for delinquent taxes. A cardholder whose buyer identification card is suspended or revoked under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
218.51(4m)(b)3. 3. A buyer identification card shall be suspended or revoked if the department of workforce development certifies under s. 108.227 that the cardholder is liable for delinquent unemployment insurance contributions. A cardholder whose buyer identification card is suspended or revoked under this subdivision for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
218.51(5) (5)
218.51(5)(a) (a) The department may without notice deny the application for a buyer identification card within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (4m) .
218.51(5)(b) (b) No buyer identification card may be suspended or revoked except after a hearing thereon. The department shall give the cardholder at least 5 days’ notice of the time and place of such hearing. The order suspending or revoking a buyer identification card shall not be effective until after 10 days’ written notice thereof to the cardholder, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a buyer identification card upon not less than 24 hours’ notice of hearing and with not less than 24 hours’ notice of the suspension of the buyer identification card. Matters involving suspensions and revocations brought before the department shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (4m) .
218.51(5)(c) (c) The department may inspect the pertinent books, records, letters and contracts of a cardholder. The actual cost of each such examination shall be paid by the cardholder so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

Legislative History

218.51 History History: 1987 a. 349 ; 1989 a. 31 ; 1991 a. 39 ; 1993 a. 16 ; 1997 a. 191 , 237 ; 1999 a. 9 ; 2007 a. 20 ; 2011 a. 209 ; 2013 a. 36 .