Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 21, 2024
2		-	2023 Assembly Bill 230 Date of publication*: March 22, 2024
3		-	2023 WISCONSIN ACT 164
4		-	AN ACT to amend 218.10 (8m), 218.11 (title), 218.15, 340.01 (6m), 340.01 (18m), 340.01 (48r), 341.25 (1) (i),
5		-	348.08 (1) (i) and 348.08 (1) (j); to repeal and recreate 218.11 (7) (b); and to create 218.10 (1b), 218.10 (1c), 218.10
6		-	(1d), 218.10 (1i), 218.10 (1n), 218.10 (1o), 218.10 (1p), 218.10 (1q), 218.10 (1t), 218.10 (2), 218.10 (7m), 218.10
7		-	(7w), 218.10 (8u), 218.10 (8v), 218.10 (10), 218.10 (11), 218.11 (2) (e), 218.11 (4), 218.11 (6) (o), 218.161, 218.162,
8		-	218.163, 218.164, 218.165, 218.166, 218.167 and 348.07 (2) (L) of the statutes; relating to: recreational vehicle
9		-	manufacturers, distributors, and dealers and the definition and operation of recreational vehicles.
10		-	The people of the state of Wisconsin, represented in
11		-	senate and assembly, do enact as follows:
12		-	SECTION 1. 218.10 (1b) of the statutes is created to
13		-	read:
14		-	218.10 (1b) “Area of sales responsibility” means the
15		-	geographical area agreed to by the dealer and the manu-
16		-	facturer or distributor in a dealer agreement within which
17		-	the dealer has the exclusive right to display or sell the
18		-	manufacturer’s new recreational vehicles of a particular
19		-	line−make.
20		-	SECTION 2. 218.10 (1c) of the statutes is created to
21		-	read:
22		-	218.10 (1c) “Camping trailer” means a vehicle with
23		-	a collapsible or folding structure designed to provide
24		-	temporary living quarters for recreational, camping, or
25		-	travel use and to be towed upon a highway by a motor
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 230
	5	+	April 6, 2023 - Introduced by Representatives KRUG, CONSIDINE, CONLEY, DOYLE,
	6	+	GREEN, JOERS, SCHMIDT and SUBECK, cosponsored by Senators TESTIN,
	7	+	HESSELBEIN, FEYEN, SPREITZER and WANGGAARD. Referred to Committee on
	8	+	Consumer Protection.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 218.10 (8m), 340.01 (6m), 340.01 (18m), 340.01 (48r), 341.25
	11	+	(1) (i), 348.08 (1) (i) and 348.08 (1) (j); and to create 218.10 (1b), 218.10 (1c),
	12	+	218.10 (1d), 218.10 (1i), 218.10 (1n), 218.10 (1o), 218.10 (1p), 218.10 (1q), 218.10
	13	+	(1t), 218.10 (2), 218.10 (7m), 218.10 (7w), 218.10 (8u), 218.10 (8v), 218.10 (8w),
	14	+	218.10 (10), 218.10 (11), 218.161, 218.162, 218.163, 218.164, 218.165, 218.166,
	15	+	218.167 and 218.17 (1) of the statutes; relating to: recreational vehicle
	16	+	manufacturers, distributors, and dealers, the definition of recreational
	17	+	vehicles, and providing a penalty.
	18	+	Analysis by the Legislative Reference Bureau
	19	+	This bill provides additional regulation of recreational vehicle (RV) dealers,
	20	+	manufacturers, and distributors and expands the definition of recreational vehicle
	21	+	for purposes of vehicle registration and equipment requirements.
	22	+	Under current law, RV dealers must be licensed by the Department of
	23	+	Transportation. An RV dealer license may be denied, suspended, or revoked for a
	24	+	number of reasons, including failure to comply with licensing requirements,
	25	+	committing certain types of fraud, or engaging in unconscionable business practices.
	26	+	In addition, persons who violate the statutes governing RV dealer licensure may be
	27	+	required to forfeit between $25 and $100 for a first offense and may be fined between
	28	+	$25 and $100 for a second or subsequent offense within three years.
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	38	+	ASSEMBLY BILL 230
	39	+	This bill provides additional regulation of RV dealers and regulates various
	40	+	aspects of the relationship between RV dealers and RV manufacturers or
	41	+	distributors. Specifically, among other things, the bill does all of the following:
	42	+	1. Requires a dealer agreement between each RV dealer and the manufacturer
	43	+	or distributor of the RVs the dealer sells. The bill further specifies certain contents
	44	+	of the agreement, including an exclusive sales area for each RV dealer.
	45	+	2. Prohibits RV manufacturers and distributors from terminating or failing to
	46	+	renew a dealer agreement without good cause. The bill provides criteria that must
	47	+	be considered when assessing whether good cause exists.
	48	+	3. Requires an RV manufacturer or distributor to provide notice before
	49	+	terminating or nonrenewing a dealer agreement and provides that a termination or
	50	+	nonrenewal must be rescinded upon certain actions by an RV dealer.
	51	+	4. Provides that an RV dealer may terminate or nonrenew an agreement with
	52	+	an RV manufacturer upon 30 days' notice.
	53	+	5. In certain cases, requires an RV manufacturer to repurchase certain
	54	+	products provided to RV dealers, including new RVs, certain RV accessories, and
	55	+	certain repair equipment, upon termination of a dealer agreement.
	56	+	6. Requires an RV manufacturer or distributor to allow an RV dealer to
	57	+	designate a family member as a successor to its dealer agreement.
	58	+	7. Specifies obligations with regard to warranty repairs.
	59	+	8. Provides that DOT may administratively fine any person who violates the
	60	+	provisions of the bill up to $1,000 for each violation.
	61	+	Current law defines “recreational vehicle” for purposes of vehicle registration,
	62	+	vehicle equipment standards and certain other vehicle regulation. This bill modifies
	63	+	and expands the definition of “recreational vehicle” for these purposes. Among the
	64	+	changes, “recreational vehicle” is specifically expanded to include a camping trailer
	65	+	and a “truck camper,” which is defined as “a portable unit that is constructed to
	66	+	provide temporary living quarters for recreational, camping, or travel use and that
	67	+	consists of a roof, floor, and sides and that is designed to be loaded onto and unloaded
	68	+	from the back of a pickup truck.” The vehicles that satisfy the expanded definition
	69	+	may not be operated on a highway unless registered with DOT and must meet certain
	70	+	equipment requirements, including requirements related to brakes, safety glass,
	71	+	and coupling.
	72	+	Because this bill creates a new crime or revises a penalty for an existing crime,
	73	+	the Joint Review Committee on Criminal Penalties may be requested to prepare a
	74	+	report.
	75	+	For further information see the state fiscal estimate, which will be printed as
	76	+	an appendix to this bill.
	77	+	The people of the state of Wisconsin, represented in senate and assembly, do
	78	+	enact as follows:
	79	+	SECTION 1. 218.10 (1b) of the statutes is created to read:1 - 3 -2023 - 2024 Legislature
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	82	+	SECTION 1
	83	+	ASSEMBLY BILL 230
	84	+	218.10 (1b) “Area of sales responsibility” means the geographical area agreed
	85	+	to by the dealer and the manufacturer or distributor in a dealer agreement within
	86	+	which the dealer has the exclusive right to display or sell the manufacturer's new
	87	+	recreational vehicles of a particular line-make.
	88	+	SECTION 2. 218.10 (1c) of the statutes is created to read:
	89	+	218.10 (1c) “Camping trailer” means a vehicle with a collapsible or folding
	90	+	structure designed to provide temporary living quarters for recreational, camping,
	91	+	or travel use and to be towed upon a highway by a motor vehicle.
	92	+	SECTION 3. 218.10 (1d) of the statutes is created to read:
	93	+	218.10 (1d) “Component manufacturer” means a person, firm, corporation, or
	94	+	business entity that engages in the manufacturing of components, accessories, or
	95	+	parts used in manufacturing recreational vehicles.
	96	+	SECTION 4. 218.10 (1i) of the statutes is created to read:
	97	+	218.10 (1i) “Dealer agreement” means a written agreement or contract entered
	98	+	into by a dealer and a manufacturer or distributor that fixes the rights and
	99	+	responsibilities of the parties and pursuant to which the dealer sells new
	100	+	recreational vehicles.
	101	+	SECTION 5. 218.10 (1n) of the statutes is created to read:
	102	+	218.10 (1n) “Distributor” means a person, firm, corporation, or business entity
	103	+	that purchases new recreational vehicles for resale to dealers.
	104	+	SECTION 6. 218.10 (1o) of the statutes is created to read:
	105	+	218.10 (1o) “Factory campaign” means an effort on the part of a warrantor to
	106	+	contact recreational vehicle owners or dealers in order to address a part or equipment
	107	+	issue.
	108	+	SECTION 7. 218.10 (1p) of the statutes is created to read:
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	135	+	SECTION 7 ASSEMBLY BILL 230
	136	+	218.10 (1p) “Family member” means an individual's spouse or an individual's
	137	+	child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these.
	138	+	SECTION 8. 218.10 (1q) of the statutes is created to read:
	139	+	218.10 (1q) “Fifth-wheel travel trailer" means a vehicle mounted on wheels
	140	+	that is designed to provide temporary living quarters for recreational, camping, or
	141	+	travel use, that is of a size and weight that a special highway movement permit is
	142	+	not required, and that is designed to be towed by a motor vehicle that contains a
	143	+	towing mechanism that is mounted above or forward of the rear axle of the tow
26	144		vehicle.
27		-	SECTION 3. 218.10 (1d) of the statutes is created to
28		-	read:
29		-	218.10 (1d) “Component manufacturer” means a
30		-	person, firm, corporation, or business entity that engages
31		-	in the manufacturing of components, accessories, or parts
32		-	used in manufacturing recreational vehicles.
33		-	SECTION 4. 218.10 (1i) of the statutes is created to
34		-	read:
35		-	218.10 (1i) “Dealer agreement” means a written
36		-	agreement or contract entered into by a dealer and a man-
37		-	ufacturer or distributor that fixes the rights and responsi-
38		-	bilities of the parties and pursuant to which the dealer
39		-	sells new recreational vehicles.
40		-	SECTION 5. 218.10 (1n) of the statutes is created to
41		-	read:
42		-	218.10 (1n) “Distributor” means a resident or non-
43		-	resident who, in whole or in part, sells or distributes new
44		-	recreational vehicles to recreational vehicle dealers or
45		-	who maintains distributor representatives.
46		-	SECTION 6. 218.10 (1o) of the statutes is created to
47		-	read:
48		-	218.10 (1o) “Factory campaign” means an effort on
49		-	the part of a warrantor to contact recreational vehicle
50		-	owners or dealers in order to address a part or equipment
51		-	issue.
52		-	SECTION 7. 218.10 (1p) of the statutes is created to
53		-	read:
54		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
55		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 164 2023 Assembly Bill 230
56		-	218.10 (1p) “Family member” means an individual’s
57		-	spouse or an individual’s child, grandchild, parent, sib-
58		-	ling, niece, or nephew or the spouse of any of these.
59		-	SECTION 8. 218.10 (1q) of the statutes is created to
60		-	read:
61		-	218.10 (1q) “Fifth−wheel recreational vehicle”
62		-	means a recreational vehicle that is mounted on wheels,
63		-	that is of a size and weight such that a special highway
64		-	movement permit is not required, and that is designed to
65		-	be towed by a motor vehicle utilizing a kingpin and 5th
66		-	wheel coupling device mounted above or forward of the
67		-	rear axle of the tow vehicle.
68		-	SECTION 9. 218.10 (1t) of the statutes is created to
69		-	read:
70		-	218.10 (1t) “Line−make” means a specific series of
71		-	recreational vehicle products, the sale of which may be
72		-	authorized by a dealer agreement, that satisfies all of the
	145	+	SECTION 9. 218.10 (1t) of the statutes is created to read:
	146	+	218.10 (1t) “Line-make” means a specific series of recreational vehicle
	147	+	products, the sale of which may be authorized by a dealer agreement, that satisfies
	148	+	all of the following:
	149	+	(a) Is targeted to a particular market segment, as determined by the decor,
	150	+	features, equipment, size, weight, and price range.
	151	+	(b) Has lengths and interior floor plans that distinguish the series of
	152	+	recreational vehicle products from other series with substantially the same decor,
	153	+	features, equipment, weight, and price.
	154	+	(c) Belongs to a single, distinct classification of recreational vehicle product
	155	+	type having a substantial degree of commonality in the construction of the chassis,
	156	+	frame, and body.
	157	+	SECTION 10. 218.10 (2) of the statutes is created to read:
	158	+	218.10 (2) “Model” is a series of recreational vehicle products identified by a
	159	+	common series trade name or trademark that is a subset of a line-make.
	160	+	SECTION 11. 218.10 (7m) of the statutes is created to read:
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	188	+	SECTION 11
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	190	+	218.10 (7m) “Park model recreational vehicle” means a recreational vehicle
	191	+	that is all of the following:
	192	+	(a) Designed and marketed as temporary living quarters for recreational,
	193	+	camping, travel, or seasonal use.
	194	+	(b) Not permanently affixed to real property for use as a permanent dwelling.
	195	+	(c) Built on a single chassis mounted on wheels with a gross trailer area not
	196	+	exceeding 400 square feet in the setup mode.
	197	+	(d) Certified by the manufacturer as complying with the ANSI A119.5 Park
	198	+	Model Recreational Vehicle Standard.
	199	+	SECTION 12. 218.10 (7w) of the statutes is created to read:
	200	+	218.10 (7w) “Proprietary part” means any part manufactured by or for and sold
	201	+	exclusively by the manufacturer.
	202	+	SECTION 13. 218.10 (8m) of the statutes is amended to read:
	203	+	218.10 (8m) “Recreational vehicle" has the meaning given in s. 340.01 (48r)
	204	+	means a vehicle that is designed to be towed upon a highway by a motor vehicle, that
	205	+	is equipped and used, or intended to be used, primarily for temporary or recreational
	206	+	human habitation, and that does not exceed 45 feet in length. “Recreational vehicle”
	207	+	includes a camping trailer, fifth-wheel travel trailer, park model recreational
	208	+	vehicle, travel trailer, and truck camper.
	209	+	SECTION 14. 218.10 (8u) of the statutes is created to read:
	210	+	218.10 (8u) “Transient customer” means a customer who is temporarily
	211	+	traveling through a dealer's area of sales responsibility.
	212	+	SECTION 15. 218.10 (8v) of the statutes is created to read:
	213	+	218.10 (8v) “Travel trailer” means a vehicle that is mounted on wheels, that
	214	+	is designed to provide temporary living quarters for recreational, camping, or travel
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	241	+	SECTION 15 ASSEMBLY BILL 230
	242	+	use, and that is of a size or weight that a special highway movement permit is not
	243	+	required when towed by a motor vehicle.
	244	+	SECTION 16. 218.10 (8w) of the statutes is created to read:
	245	+	218.10 (8w) “Truck camper" means a portable unit that is constructed to
	246	+	provide temporary living quarters for recreational, camping, or travel use and that
	247	+	consists of a roof, floor, and sides and that is designed to be loaded onto and unloaded
	248	+	from the back of a pickup truck.
	249	+	SECTION 17. 218.10 (10) of the statutes is created to read:
	250	+	218.10 (10) “Warrantor” means a person, firm, corporation, or business entity
	251	+	that gives a warranty in connection with a new recreational vehicle or parts,
	252	+	accessories, or components of a new recreational vehicle.
	253	+	SECTION 18. 218.10 (11) of the statutes is created to read:
	254	+	218.10 (11) “Warranty” does not include service contracts, mechanical or other
	255	+	insurance, or extended warranties sold for separate consideration by a dealer or
	256	+	other person not controlled by a manufacturer.
	257	+	SECTION 19. 218.161 of the statutes is created to read:
	258	+	218.161 Dealer agreement requirement. (1) A manufacturer or
	259	+	distributor may not sell a new recreational vehicle in this state to or through a dealer
	260	+	without having first entered into a written dealer agreement with a dealer that has
	261	+	been signed by both parties.
	262	+	(2) The manufacturer shall designate the area of sales responsibility
	263	+	exclusively assigned to a dealer in the dealer agreement and may not change the area
	264	+	of sales responsibility or contract with another dealer for sale of the same model or
	265	+	line-make, as specified in the agreement, in the designated area of sales
	266	+	responsibility during the duration of the agreement.
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	294	+	SECTION 19
	295	+	ASSEMBLY BILL 230
	296	+	(3) The terms of the dealer agreement, including the area of sales
	297	+	responsibility, may not be reviewed or changed during the duration of the dealer
	298	+	agreement without the written mutual consent of the parties. The duration of the
	299	+	dealer agreement shall be stated in the dealer agreement.
	300	+	(4) A dealer may not sell a new recreational vehicle in this state without having
	301	+	first entered into a dealer agreement with a manufacturer or distributor and may not
	302	+	sell outside the area of sales responsibility designated in the agreement under sub.
	303	+	(2).
	304	+	(5) A manufacturer may not unilaterally issue a policy or procedure that
	305	+	violates or substantially alters a provision of the dealer agreement during the
	306	+	duration of the agreement.
	307	+	(6) A manufacturer shall distribute new recreational vehicles to its dealers in
	308	+	a fair and equitable manner. If requested, a manufacturer shall provide information
	309	+	on its manner of distribution.
	310	+	(7) A manufacturer shall provide its dealer with adequate technical data to
	311	+	perform proper service and repairs.
	312	+	SECTION 20. 218.162 of the statutes is created to read:
	313	+	218.162 Termination of dealer agreement. (1) (a) A manufacturer or
	314	+	distributor, directly or through any officer, agent, or employee, may terminate,
	315	+	cancel, or fail to renew a model, line-make, or entire dealer agreement only with good
	316	+	cause, and, upon renewal, may not require additional inventory stocking
	317	+	requirements or increased retail sales targets in excess of the market growth in the
	318	+	dealer's area of sales responsibility.
	319	+	(b) A manufacturer or distributor has the burden of showing good cause for
	320	+	terminating, canceling, or failing to renew a model, line-make, or dealer agreement
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	347	+	SECTION 20 ASSEMBLY BILL 230
	348	+	with a dealer. For purposes of determining whether there is good cause for the
	349	+	proposed action, any of the following factors may be considered:
	350	+	1. The extent of the affected dealer's penetration in the relevant market area
	351	+	for the relevant model or line-make.
	352	+	2. The nature and extent of the dealer's investment in its business.
	353	+	3. The adequacy of the dealer's service facilities, equipment, parts, supplies,
	354	+	and personnel.
	355	+	4. The effect of the proposed action on the community.
	356	+	5. The extent and quality of the dealer's service under recreational vehicle
	357	+	warranties.
	358	+	6. The failure to follow agreed-upon, reasonable procedures or standards
	359	+	related to the overall operation of the dealership consistent with the law and the
	360	+	dealer agreement.
	361	+	7. The dealer's performance under the terms of its dealer agreement.
	362	+	(c) 1. Except as provided in this paragraph, a manufacturer or distributor shall
	363	+	provide a dealer with at least 120 days' prior written notice of termination,
	364	+	cancellation, or nonrenewal of a model, line-make, or entire dealer agreement.
	365	+	2. The notice under subd. 1. shall state all reasons for the proposed termination,
	366	+	cancellation, or nonrenewal and shall state that if, within 30 days following receipt
	367	+	of the notice, the dealer provides to the manufacturer or distributor a written notice
	368	+	of intent to cure all claimed deficiencies, the dealer will then have 120 days following
	369	+	receipt of the notice to rectify the deficiencies. If the deficiencies are rectified within
	370	+	120 days, the manufacturer's or distributor's notice is voided. If the dealer fails to
	371	+	provide the notice of intent to cure the deficiencies in the prescribed period, the
	372	+	termination, cancellation, or nonrenewal takes effect 30 days after the dealer's
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	400	+	SECTION 20
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	402	+	receipt of the notice unless the dealer has new and untitled inventory on hand that
	403	+	may be disposed of as provided under sub. (3).
	404	+	3. The notice period under subd. 1. may be reduced to 30 days if the grounds
	405	+	for termination, cancellation, or nonrenewal are due to any of the following:
	406	+	a. A dealer or one of its owners being convicted of a felony.
	407	+	b. The abandonment or closing of the business operations of the dealer for 10
	408	+	consecutive business days unless the closing is due to an act of God, strike, labor
	409	+	difficulty, or other cause over which the dealer has no control.
	410	+	c. A significant misrepresentation by the dealer materially affecting the
	411	+	business relationship.
	412	+	d. A suspension of, revocation of, or refusal to renew the dealer's license by the
	413	+	department.
	414	+	4. The notice provisions of this paragraph do not apply if the reason for
	415	+	termination, cancellation, or nonrenewal is insolvency, the occurrence of an
	416	+	assignment for the benefit of creditors, or bankruptcy.
	417	+	(2) A dealer may terminate, cancel, or fail to renew a model, line-make, or
	418	+	entire dealer agreement with a manufacturer or distributor with or without good
	419	+	cause at any time by giving 30 days' written notice to the manufacturer. If the
	420	+	termination, cancellation, or nonrenewal is for good cause, the dealer has the burden
	421	+	of showing good cause. Any of the following items, among others, may be deemed
	422	+	good cause for the proposed action by a dealer:
	423	+	(a) A manufacturer being convicted of a felony.
	424	+	(b) The business operations of the manufacturer have been abandoned or closed
	425	+	for 10 consecutive business days, unless the closing is due to an act of God, strike,
	426	+	labor difficulty, or other cause over which the manufacturer has no control.
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	452	+	EVM:cjs
	453	+	SECTION 20 ASSEMBLY BILL 230
	454	+	(c) A significant misrepresentation by the manufacturer materially affecting
	455	+	the business relationship.
	456	+	(d) A material violation of this subchapter that is not cured within 30 days after
	457	+	written notice by the dealer.
	458	+	(e) A declaration by the manufacturer of insolvency, the occurrence of an
	459	+	assignment for the benefit of creditors, or bankruptcy.
	460	+	(f) A manufacturer's material violation of the dealer agreement that is not
	461	+	cured within 120 days after written notice by the dealer.
	462	+	(g) Manufacturer coercion of the dealer under s. 218.166.
	463	+	(h) Manufacturer violation of area of sales responsibility protections or
	464	+	allowing other dealers to violate these protections.
	465	+	(3) If the dealer agreement is terminated, canceled, or not renewed by the
	466	+	dealer for good cause, the manufacturer shall, at the election of the dealer and within
	467	+	45 days after termination, cancellation, or nonrenewal, repurchase all of the
73	468		following:
74		-	(a) Is targeted to a particular market segment, as
75		-	determined by the decor, features, equipment, size,
76		-	weight, and price range.
77		-	(b) Has lengths and interior floor plans that distin-
78		-	guish the series of recreational vehicle products from
79		-	other series with substantially the same decor, features,
80		-	equipment, weight, and price.
81		-	(c) Belongs to a single, distinct classification of
82		-	recreational vehicle product type having a substantial
83		-	degree of commonality in the construction of the chassis,
84		-	frame, and body.
85		-	SECTION 10. 218.10 (2) of the statutes is created to
86		-	read:
87		-	218.10 (2) “Model” is a series of recreational vehicle
88		-	products identified by a common series trade name or
89		-	trademark that is a subset of a line−make.
90		-	SECTION 11. 218.10 (7m) of the statutes is created to
91		-	read:
92		-	218.10 (7m) “Park model recreational vehicle”
93		-	means a recreational vehicle that is all of the following:
94		-	(a) Designed and marketed as temporary living quar-
95		-	ters for recreational, camping, travel, or seasonal use.
96		-	(b) Not permanently affixed to real property for use
97		-	as a permanent dwelling.
98		-	(c) Built on a single chassis mounted on wheels with
99		-	a gross trailer area not exceeding 400 square feet in the
100		-	setup mode.
101		-	(d) Certified by the manufacturer as complying with
102		-	the ANSI A119.5 Park Model Recreational Vehicle Stan-
103		-	dard.
104		-	SECTION 12. 218.10 (7w) of the statutes is created to
105		-	read:
106		-	218.10 (7w) “Proprietary part” means any part man-
107		-	ufactured by or for and sold exclusively by the manufac-
108		-	turer.
109		-	SECTION 13. 218.10 (8m) of the statutes is amended
110		-	to read:
111		-	218.10 (8m) “Recreational vehicle” has the meaning
112		-	given in s. 340.01 (48r) means a vehicle that is designed
113		-	to be towed upon a highway by a motor vehicle, that is
114		-	equipped and used, or intended to be used, primarily for
115		-	temporary or recreational human habitation, and that
116		-	does not exceed 46 feet in length. “Recreational vehicle”
117		-	includes a camping trailer, 5th−wheel recreational vehi-
118		-	cle, park model recreational vehicle, and travel trailer.
119		-	SECTION 14. 218.10 (8u) of the statutes is created to
120		-	read:
121		-	218.10 (8u) “Transient customer” means a customer
122		-	who is temporarily traveling through a dealer’s area of
123		-	sales responsibility.
124		-	SECTION 15. 218.10 (8v) of the statutes is created to
125		-	read:
126		-	218.10 (8v) “Travel trailer” means a vehicle that is
127		-	mounted on wheels, that is designed to provide tempo-
128		-	rary living quarters for recreational, camping, or travel
129		-	use, and that is of a size or weight that a special highway
130		-	movement permit is not required when towed by a motor
	469	+	(a) All new, untitled recreational vehicles that were acquired from the
	470	+	manufacturer or distributor within 18 months before the date of the notice of
	471	+	termination, cancellation, or nonrenewal that have not been used, except for
	472	+	demonstration purposes, and that have not been altered or damaged, at 100 percent
	473	+	of the net invoice cost, including transportation, less applicable rebates and
	474	+	discounts to the dealer. If any of the recreational vehicles repurchased is damaged,
	475	+	the amount due to the dealer shall be reduced by the cost to repair the damaged
	476	+	recreational vehicle. Damage prior to delivery to the dealer will not disqualify
	477	+	repurchase under this subsection. Any repurchased recreational vehicle must be
	478	+	paid for in full before the recreational vehicle is removed from the dealer's premises.
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	505	+	EVM:cjs
	506	+	SECTION 20
	507	+	ASSEMBLY BILL 230
	508	+	Upon payment under this paragraph, recreational vehicles must be immediately
	509	+	surrendered to the manufacturer.
	510	+	(b) All undamaged accessories or proprietary parts sold to the dealer for resale
	511	+	within the 12 months prior to termination, cancellation, or nonrenewal, if
	512	+	accompanied by the original invoice, at 105 percent of the original net price paid to
	513	+	the manufacturer or distributor to compensate the dealer for handling, packing, and
	514	+	shipping the parts.
	515	+	(c) Any properly functioning diagnostic equipment, special tools, current
	516	+	signage, or other equipment and machinery at 100 percent of the dealer's net cost
	517	+	plus freight, destination, delivery, and distribution charges and sales taxes, if any,
	518	+	if the equipment, tools, signage, or machinery was purchased by the dealer within
	519	+	5 years before termination, cancellation, or nonrenewal and upon the
	520	+	manufacturer's or distributor's request and can no longer be used in the normal
	521	+	course of the dealer's ongoing business.
	522	+	(4) If a dealer agreement is terminated, canceled, or not renewed by the
	523	+	manufacturer or distributor without good cause in violation of sub. (1), the
	524	+	manufacturer or distributor shall repurchase dealer recreational vehicles,
	525	+	accessories, and other equipment in the manner provided in sub. (3).
	526	+	(5) (a) A dealer is not prohibited from selling any remaining in-stock inventory
	527	+	of a particular model or line-make after a dealer agreement has been terminated,
	528	+	cancelled, or not renewed by the manufacturer.
	529	+	(b) If recreational vehicles of a model or line-make subject to a terminated
	530	+	agreement are not repurchased or required to be repurchased by the manufacturer
	531	+	or distributor, the dealer may continue to sell recreational vehicles that are subject
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	556	+	EVM:cjs
	557	+	SECTION 20 ASSEMBLY BILL 230
	558	+	to the terminated dealer agreement and are currently in stock until those
	559	+	recreational vehicles are no longer in the dealer's inventory.
	560	+	(6) When taking on an additional line-make, a dealer shall notify in writing
	561	+	any manufacturer with whom the dealer has a dealer agreement of the same
	562	+	line-make at least 30 days prior to entering into a dealer agreement with the
	563	+	manufacturer of the additional line-make.
	564	+	SECTION 21. 218.163 of the statutes is created to read:
	565	+	218.163 Transfer of ownership. (1) If a dealer desires to make a change in
	566	+	ownership by the sale of business assets, stock transfer, or otherwise, the dealer shall
	567	+	give the manufacturer or distributor written notice at least 10 business days before
	568	+	the closing, along with all supporting documentation as may be reasonably required
	569	+	by the manufacturer or distributor to determine if an objection to the sale may be
	570	+	made. In the absence of a breach by the selling dealer of its dealer agreement or this
	571	+	subchapter, the manufacturer or distributor may not object to the proposed change
	572	+	in ownership unless any of the following applies to the prospective transferee:
	573	+	(a) The transferee has previously been terminated for cause by the
	574	+	manufacturer.
	575	+	(b) The transferee has been convicted of a felony or any crime of fraud, deceit,
	576	+	or moral turpitude.
	577	+	(c) The transferee lacks any license required by law.
	578	+	(d) The transferee does not have an active line of credit sufficient to purchase
	579	+	a manufacturer's product.
	580	+	(e) The transferee has undergone in the last 10 years bankruptcy, insolvency,
	581	+	a general assignment for the benefit of creditors, or the appointment of a receiver,
	582	+	trustee, or conservator to take possession of the transferee's business or property.
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	610	+	SECTION 21
	611	+	ASSEMBLY BILL 230
	612	+	(2) If a manufacturer or distributor objects to a proposed change in ownership,
	613	+	the manufacturer or distributor shall give written notice of its reasons to the dealer
	614	+	within 7 business days after receipt of the dealer's notification and complete
	615	+	documentation. The manufacturer or distributor has the burden of proof with regard
	616	+	to its objection. If the manufacturer or distributor does not give timely notice of its
	617	+	objection, the change, sale, or transfer shall be approved.
	618	+	(3) (a) A manufacturer or distributor shall provide a dealer an opportunity to
	619	+	designate, in writing, a family member as a successor to the dealership in the event
	620	+	of the death, incapacity, or retirement of the dealer. A manufacturer or distributor
	621	+	may not prevent or refuse to honor the succession unless the manufacturer or
	622	+	distributor has provided to the dealer written notice of its objections within 10
	623	+	business days after receipt of the dealer's modification of the dealer's succession
	624	+	plan. In the absence of a breach of the dealer agreement, the manufacturer may
	625	+	object to the succession only for any of the following reasons:
	626	+	1. Conviction of the successor of a felony or any crime of fraud, deceit, or moral
	627	+	turpitude.
	628	+	2. Bankruptcy or insolvency of the successor during the past 10 years.
	629	+	3. Prior termination by the manufacturer of the successor for breach of a dealer
	630	+	agreement.
	631	+	4. The lack of an active line of credit for the successor sufficient to purchase the
	632	+	manufacturer's product.
	633	+	5. The lack of any license for the successor required by law.
	634	+	(b) The manufacturer or distributor has the burden of proof regarding its
	635	+	objection. A family member may not succeed to a dealership if the succession
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	660	+	EVM:cjs
	661	+	SECTION 21 ASSEMBLY BILL 230
	662	+	involves, without the manufacturer's or distributor's consent, a relocation of the
	663	+	business or an alteration of the terms and conditions of the dealer agreement.
	664	+	SECTION 22. 218.164 of the statutes is created to read:
	665	+	218.164 Warranty obligation. (1) Each warrantor shall do all of the
	666	+	following:
	667	+	(a) Specify, in writing, to each of the warrantor's dealers, the dealer's
	668	+	obligations, if any, for preparation, delivery, and warranty service on the warrantor's
	669	+	products.
	670	+	(b) Compensate the dealer for warranty service performed by the dealer that
	671	+	is covered by the warrantor's own warranty.
	672	+	(c) Provide the dealer with the schedule of compensation to be paid and the time
	673	+	allowances for the performance of any work and service. The schedule of
	674	+	compensation shall include reasonable compensation for diagnostic work as well as
	675	+	warranty labor. If the schedule of compensation required by this paragraph does not
	676	+	include a particular repair, the warrantor shall reimburse the dealer for warranty
	677	+	service for the actual time expended unless the warrantor demonstrates that the
	678	+	actual time was not reasonable. If the warrantor demonstrates that the actual time
	679	+	was not reasonable, the dealer shall be paid a reasonable sum.
	680	+	(2) Time allowances for the diagnosis and performance of warranty labor shall
	681	+	be reasonable for the work to be performed. The compensation of a dealer for
	682	+	warranty labor may not be less than the lowest retail labor rate actually charged by
	683	+	the dealer in the ordinary course of business for like nonwarranty labor as long as
	684	+	the rate is reasonable.
	685	+	(3) The warrantor shall reimburse the dealer for any warranty part at actual
	686	+	wholesale cost plus a minimum 30 percent handling charge and the cost, if any, of
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	713	+	EVM:cjs
	714	+	SECTION 22
	715	+	ASSEMBLY BILL 230
	716	+	freight to return such part to the warrantor. If a part is sent to the dealer at no cost,
	717	+	the dealer is entitled to payment of 30 percent of the wholesale cost of the part from
	718	+	warrantor as a handling charge. The maximum handling charge for a part shall not
	719	+	exceed $300. If the warrantor requires the dealer to return a warranty part,
	720	+	accessory, or complete component, the warrantor shall reimburse the dealer the cost
	721	+	of freight to return the part, accessory, or component.
	722	+	(4) Warranty audits of dealer records may be conducted by the warrantor on
	723	+	a reasonable basis, and dealer claims for warranty compensation may not be denied
	724	+	except for cause, including performance of nonwarranty repairs, material
	725	+	noncompliance with the warrantor's published policies and procedures, lack of
	726	+	material documentation, fraud, or misrepresentation.
	727	+	(5) A dealer shall submit warranty claims within 45 days after completing
	728	+	work.
	729	+	(6) A dealer shall notify the warrantor as soon as is reasonably possible,
	730	+	verbally or in writing, if the dealer is unable or unwilling to perform material or
	731	+	repetitive warranty repairs.
	732	+	(7) A warrantor shall disapprove warranty claims in writing within 45 days
	733	+	after the date of submission by the dealer in the manner and form prescribed by the
	734	+	warrantor. Claims not specifically disapproved in writing within 45 days shall be
	735	+	construed to be approved and must be paid within 60 days.
	736	+	(8) No warrantor may do any of the following:
	737	+	(a) Fail to perform any of its warranty obligations with respect to its warranted
	738	+	products.
	739	+	(b) Fail to include, in written notices of factory campaigns to recreational
	740	+	vehicle owners and dealers, the expected date by which necessary parts and
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	766	+	EVM:cjs
	767	+	SECTION 22 ASSEMBLY BILL 230
	768	+	equipment, including tires and chassis or chassis parts, will be available to dealers
	769	+	to perform the factory campaign work. A warrantor may ship parts to the dealer to
	770	+	affect the factory campaign work, and, if parts provided are in excess of the dealer's
	771	+	requirements, the dealer may return unused parts to the warrantor for credit after
	772	+	completion of the campaign.
	773	+	(c) Fail to compensate any of its dealers for authorized repairs effected by the
	774	+	dealer of merchandise damaged in manufacture or transit to the dealer if the carrier
	775	+	is designated by the warrantor, factory branch, distributor, or distributor branch.
	776	+	(d) Fail to compensate any of its dealers for authorized warranty service in
	777	+	accordance with the time allowances set forth in the schedule of compensation under
	778	+	sub. (1) (c) if performed in a timely and competent manner.
	779	+	(e) Intentionally misrepresent in any way to purchasers of recreational
	780	+	vehicles that warranties with respect to the manufacture, performance, or design of
	781	+	the vehicle are made by the dealer as warrantor or co-warrantor.
	782	+	(f) Require the dealer to make warranties to customers in any manner related
	783	+	to the manufacture of the recreational vehicle.
	784	+	(9) No dealer may do any of the following:
	785	+	(a) Fail to perform predelivery inspection functions, as specified by the
	786	+	warrantor, in a competent and timely manner.
	787	+	(b) Fail to perform warranty service work authorized by the warrantor in a
	788	+	reasonably competent and timely manner on any transient customer's vehicle of the
	789	+	same line-make unless the dealer determines that the customer is acting in a
	790	+	manner detrimental to its business.
	791	+	(c) Fail to track actual time expended to perform warranty work not governed
	792	+	by time allowances in the schedule of compensation under sub. (1) (c).
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	819	+	EVM:cjs
	820	+	SECTION 22
	821	+	ASSEMBLY BILL 230
	822	+	(d) Claim an agency relationship with the warrantor or manufacturer.
	823	+	(e) Misrepresent the terms of any warranty.
	824	+	(10) Notwithstanding the terms of any dealer agreement, all of the following
	825	+	apply:
	826	+	(a) A warrantor shall indemnify, defend, and hold harmless its dealer against
	827	+	any losses or damages to the extent such losses or damages are caused by the
	828	+	negligence or willful misconduct of the warrantor. A dealer may not be denied
	829	+	indemnification or a defense for failing to discover, disclose, or remedy a defect in the
	830	+	design or manufacturing of the recreational vehicle. A dealer shall provide to the
	831	+	warrantor a copy of any suit in which allegations are made under this section within
	832	+	10 days after receiving the suit. This paragraph shall continue to apply even after
	833	+	the recreational vehicle is titled. Indemnification shall include court costs,
	834	+	reasonable attorney fees, and expert witness fees incurred by the dealer.
	835	+	(b) A dealer shall indemnify, defend, and hold harmless its warrantor against
	836	+	any losses or damages to the extent such losses or damages are caused by the
	837	+	negligence or willful misconduct of the dealer. The warrantor shall provide to the
	838	+	dealer a copy of any suit in which allegations are made under this section within 10
	839	+	days after receiving the suit. This paragraph shall continue to apply even after the
	840	+	recreational vehicle is titled. Indemnification must include court costs, reasonable
	841	+	attorney fees, and expert witness fees incurred by the warrantor.
	842	+	SECTION 23. 218.165 of the statutes is created to read:
	843	+	218.165 Inspection of recreational vehicles. (1) Whenever a new
	844	+	recreational vehicle is damaged prior to transit to the dealer or is damaged in transit
	845	+	to the dealer when the carrier or means of transportation has been selected by the
	846	+	manufacturer or distributor, the dealer shall notify the manufacturer or distributor
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	872	+	EVM:cjs
	873	+	SECTION 23 ASSEMBLY BILL 230
	874	+	of the damage within the time frame specified in the dealer agreement and do any
	875	+	of the following:
	876	+	(a) Request from the manufacturer or distributor authorization to replace the
	877	+	components, parts, and accessories damaged or otherwise correct the damage.
	878	+	(b) Reject the vehicle within the time frame set forth in sub. (4).
	879	+	(2) If a manufacturer or distributor refuses or fails to authorize repair of
	880	+	damage described under sub. (1) within 10 days after receipt of notification under
	881	+	sub. (1) or if the dealer rejects the recreational vehicle because of damage, ownership
	882	+	of the new recreational vehicle reverts to the manufacturer or distributor.
	883	+	(3) A dealer shall exercise due care in custody of a damaged recreational
	884	+	vehicle, but the dealer shall have no other obligations, financial or otherwise, with
	885	+	respect to that recreational vehicle.
	886	+	(4) The time frame for inspection and rejection by the dealer shall be part of
	887	+	the dealer agreement and may not be less than 2 business days after the physical
	888	+	delivery of the recreational vehicle.
	889	+	SECTION 24. 218.166 of the statutes is created to read:
	890	+	218.166 Coercion. (1) In this section, “coerce” includes threatening to
	891	+	terminate, cancel, or not renew a dealer agreement without good cause or
	892	+	threatening to withhold product lines or delay product delivery as an inducement to
	893	+	amending the dealer agreement.
	894	+	(2) A manufacturer or distributor may not coerce or attempt to coerce a dealer
	895	+	to do any of the following:
	896	+	(a) Purchase a product that the dealer did not order.
	897	+	(b) Enter into an agreement with the manufacturer or distributor.
	898	+	(c) Take any action that is unfair or unreasonable to the dealer.
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	928	+	(d) Enter into an agreement that requires the dealer to submit its disputes to
	929	+	binding arbitration or otherwise waive rights or responsibilities provided under this
	930	+	subchapter.
	931	+	(e) Forego exercising a right authorized by a dealer agreement or any law
	932	+	governing the manufacturer-dealer relationship.
	933	+	(3) A dealer bears the burden of proof regarding the prohibited acts described
	934	+	in sub. (2).
	935	+	SECTION 25. 218.167 of the statutes is created to read:
	936	+	218.167 Dispute resolution. (1) A dealer, manufacturer, distributor, or
	937	+	warrantor injured by a violation of this subchapter by another dealer, manufacturer,
	938	+	distributor, or warrantor may bring a civil action in circuit court to recover actual
	939	+	damages. The court shall award attorney fees and costs to the prevailing party in
	940	+	an action under this section. Venue for any civil action authorized by this section
	941	+	shall be exclusively in the county in which the dealership is located. In an action
	942	+	involving more than one dealer, venue may be in any county in which a dealer who
	943	+	is party to the action is located.
	944	+	(2) (a) Before bringing suit under this section, the party bringing suit for an
	945	+	alleged violation shall serve a written demand for mediation upon the offending
	946	+	party. This paragraph does not apply to a proceeding for injunctive relief.
	947	+	(b) A demand for mediation under this subsection shall be served upon the
	948	+	offending party by certified mail at the address stated within the dealer agreement
	949	+	between the parties or, if the address is not contained in the agreement or the address
	950	+	is no longer valid, the address on the offending party's license filed with this state.
	951	+	In the event of a civil action between 2 dealers, the demand shall be mailed to the
	952	+	address on the dealer's license filed with this state.
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	980	+	(c) A demand for mediation under this subsection shall contain a brief
	981	+	statement of the dispute and the relief sought by the party filing the demand.
	982	+	(d) Within 20 days after the date a demand for mediation is served under par.
	983	+	(b), the parties shall mutually select an independent mediator and meet with the
	984	+	mediator for the purpose of attempting to resolve the dispute. The meeting place
	985	+	shall be in this state in a location selected by the mediator. The mediator may extend
	986	+	the date of the meeting for good cause shown by either party or upon stipulation of
	987	+	both parties.
	988	+	(e) The service of a demand for mediation under this subsection stays the time
	989	+	for the filing of any complaint, petition, protest, or action under this subchapter until
	990	+	representatives of both parties have met with a mutually selected mediator for the
	991	+	purpose of attempting to resolve the dispute. If a complaint, petition, protest, or
	992	+	action is filed before that meeting, the court shall enter an order suspending the
	993	+	proceeding or action until the meeting has occurred and may, upon written
	994	+	stipulation of all parties to the proceeding or action that they wish to continue to
	995	+	mediate under this subsection, enter an order suspending the proceeding or action
	996	+	for as long a period as the court considers appropriate. A suspension order issued
	997	+	under this paragraph may be revoked by the court.
	998	+	(f) The parties to a mediation under this subsection shall bear their own costs
	999	+	for attorney fees and divide equally the cost of the mediator.
	1000	+	(3) In addition to the remedies provided in this section, and notwithstanding
	1001	+	the existence of any additional remedy at law, a dealer or manufacturer may apply
	1002	+	to a circuit court for the grant, upon a hearing and for cause shown, of a temporary
	1003	+	or permanent injunction, or both, restraining any person from acting as a dealer,
	1004	+	manufacturer, or distributor without being properly licensed under this chapter,
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	1034	+	from violating or continuing to violate any of the provisions of this subchapter, or
	1035	+	from failing or refusing to comply with the requirements of this subchapter. An
	1036	+	injunction under this subsection shall be issued without bond. A single act in
	1037	+	violation of any of the provisions of this subchapter is sufficient to authorize the
	1038	+	issuance of an injunction.
	1039	+	SECTION 26. 218.17 (1) of the statutes is created to read:
	1040	+	218.17 (1) The department may suspend or revoke any dealer, manufacturer,
	1041	+	or distributor license upon a finding that any such party violated any provision of ss.
	1042	+	218.161 to 218.167. The department may impose, levy, and collect by legal process
	1043	+	fines, in an amount not to exceed $1,000 for each violation, against any person or
	1044	+	entity if it finds that such person or entity has violated any provision of ss. 218.161
	1045	+	to 218.167. A person against whom a fine is imposed under this section is entitled
	1046	+	to an administrative hearing or other proceeding authorized under state law to
	1047	+	contest the action or fine levied, or about to be levied, against the person or entity.
	1048	+	SECTION 27. 340.01 (6m) of the statutes is amended to read:
	1049	+	340.01 (6m) “Camping trailer" means a vehicle with a collapsible or folding
	1050	+	structure designed for human habitation and to provide temporary living quarters
	1051	+	for recreation, camping, or travel use and to be towed upon a highway by a motor
131	1052		vehicle.
132		-	SECTION 16. 218.10 (10) of the statutes is created to
133		-	read:
134		-	218.10 (10) “Warrantor” means a person, firm, cor-
135		-	poration, or business entity that gives a warranty in con-
136		-	nection with a new recreational vehicle or parts, acces-
137		-	sories, or components of a new recreational vehicle.
138		-	SECTION 17. 218.10 (11) of the statutes is created to
139		-	read:
140		-	218.10 (11) “Warranty” does not include service con-
141		-	tracts, mechanical or other insurance, or extended war-
142		-	ranties sold for separate consideration by a dealer or other
143		-	person not controlled by a manufacturer.
144		-	SECTION 18. 218.11 (title) of the statutes is amended
145		-	to read:
146		-	218.11 (title) Recreational vehicle dealers, manu-
147		-	facturers, and distributors regulated.
148		-	SECTION 19. 218.11 (2) (e) of the statutes is created
149		-	to read:
150		-	218.11 (2) (e) A recreational vehicle dealer or an
151		-	applicant for a recreational vehicle dealer license shall
152		-	provide and maintain in force a bond or irrevocable letter
153		-	of credit of not less than $50,000. The bond or letter of
154		-	credit shall be executed in the name of the department of
155		-	transportation for the benefit of any person who sustains
156		-	a loss because of an act of a recreational vehicle dealer
157		-	that constitutes grounds for the suspension or revocation
158		-	of a license under sub. (6).
159		-	SECTION 20. 218.11 (4) of the statutes is created to
160		-	read:
161		-	218.11 (4) (a) No manufacturer or distributor may
162		-	engage in business as a manufacturer or distributor in this
163		-	state without a license.
164		-	(b) No manufacturers’ or distributors’ recreational
165		-	vehicles may be sold in this state unless either the manu- − 3 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
166		-	facturer on direct dealerships of domestic vehicles or the
167		-	distributor on indirect dealerships of either domestic or
168		-	foreign vehicles are licensed under par. (a). The obtain-
169		-	ing of a license under par. (a) shall conclusively establish
170		-	that a manufacturer or distributor is doing business in this
171		-	state and shall subject the licensee to all provisions of the
172		-	Wisconsin statutes regulating manufacturers and distrib-
173		-	utors.
174		-	SECTION 21. 218.11 (6) (o) of the statutes is created
175		-	to read:
176		-	218.11 (6) (o) Being a dealer, manufacturer, or dis-
177		-	tributor that violates any provision of ss. 218.161 to
178		-	218.167.
179		-	SECTION 22. 218.11 (7) (b) of the statutes is repealed
180		-	and recreated to read:
181		-	218.11 (7) (b) The provisions of s. 218.0116 (4) relat-
182		-	ing to the suspension and revocation of a license applies
183		-	to the suspension and revocation of the license of a recre-
184		-	ational vehicle dealer, manufacturer, or distributor,
185		-	except that the provisions s. 218.0116 (4) do not apply to
186		-	the suspension or revocation of a license under sub. (6m)
187		-	and that no suspension or revocation under this paragraph
188		-	may be predicated on conduct related to mileage disclo-
189		-	sure.
190		-	SECTION 23. 218.15 of the statutes is amended to
191		-	read:
192		-	218.15 Sale or lease of used recreational vehicles.
193		-	In the sale or lease of any used recreational vehicle, the
194		-	sales invoice or lease agreement shall contain the point of
195		-	manufacture of the used recreational vehicle, and the
196		-	name of the manufacturer and the name and address of
197		-	the previous owner.
198		-	SECTION 24. 218.161 of the statutes is created to read:
199		-	218.161 Dealer agreement requirement. (1) A
200		-	manufacturer or distributor may not sell a new recre-
201		-	ational vehicle in this state to or through a dealer without
202		-	having first entered into a written dealer agreement with
203		-	a dealer that has been signed by both parties.
204		-	(2) The manufacturer shall designate the area of sales
205		-	responsibility exclusively assigned to a dealer in the
206		-	dealer agreement and may not change the area of sales
207		-	responsibility or contract with another dealer for sale of
208		-	the same model or line−make, as specified in the agree-
209		-	ment, in the designated area of sales responsibility during
210		-	the duration of the agreement.
211		-	(3) The terms of the dealer agreement, including the
212		-	area of sales responsibility, may not be reviewed or
213		-	changed during the duration of the dealer agreement
214		-	without the written mutual consent of the parties. The
215		-	duration of the dealer agreement shall be stated in the
216		-	dealer agreement.
217		-	(4) A dealer may not sell a new recreational vehicle
218		-	in this state without having first entered into a dealer
219		-	agreement with a manufacturer or distributor and may
220		-	not sell outside the area of sales responsibility designated
221		-	in the agreement under sub. (2).
222		-	(5) A manufacturer may not unilaterally issue a pol-
223		-	icy or procedure that violates or substantially alters a pro-
224		-	vision of the dealer agreement during the duration of the
225		-	agreement.
226		-	(6) A manufacturer shall distribute new recreational
227		-	vehicles to its dealers in a fair and equitable manner. If
228		-	requested, a manufacturer shall provide information on
229		-	its manner of distribution.
230		-	(7) A manufacturer shall provide its dealer with ade-
231		-	quate technical data to perform proper service and
232		-	repairs.
233		-	SECTION 25. 218.162 of the statutes is created to read:
234		-	218.162 Termination of dealer agreement. (1) (a)
235		-	A manufacturer or distributor, directly or through any
236		-	officer, agent, or employee, may terminate, cancel, or fail
237		-	to renew a model, line−make, or entire dealer agreement
238		-	only with good cause, and, upon renewal, may not require
239		-	additional inventory stocking requirements or increased
240		-	retail sales targets in excess of the market growth in the
241		-	dealer’s area of sales responsibility.
242		-	(b) A manufacturer or distributor has the burden of
243		-	showing good cause for terminating, canceling, or failing
244		-	to renew a model, line−make, or dealer agreement with
245		-	a dealer. For purposes of determining whether there is
246		-	good cause for the proposed action, any of the following
247		-	factors may be considered:
248		-	1. The extent of the affected dealer’s penetration in
249		-	the relevant market area for the relevant model or line−
250		-	make.
251		-	2. The nature and extent of the dealer’s investment in
252		-	its business.
253		-	3. The adequacy of the dealer’s service facilities,
254		-	equipment, parts, supplies, and personnel.
255		-	4. The effect of the proposed action on the commu-
256		-	nity.
257		-	5. The extent and quality of the dealer’s service under
258		-	recreational vehicle warranties.
259		-	6. The failure to follow agreed−upon, reasonable pro-
260		-	cedures or standards related to the overall operation of
261		-	the dealership consistent with the law and the dealer
262		-	agreement.
263		-	7. The dealer’s performance under the terms of its
264		-	dealer agreement.
265		-	(c) 1. Except as provided in this paragraph, a manu-
266		-	facturer or distributor shall provide a dealer with at least
267		-	120 days’ prior written notice of termination, cancella-
268		-	tion, or nonrenewal of a model, line−make, or entire
269		-	dealer agreement.
270		-	2. The notice under subd. 1. shall state all reasons for
271		-	the proposed termination, cancellation, or nonrenewal
272		-	and shall state that if, within 30 days following receipt of
273		-	the notice, the dealer provides to the manufacturer or dis-
274		-	tributor a written notice of intent to cure all claimed defi-
275		-	ciencies, the dealer will then have 120 days following
276		-	receipt of the notice to rectify the deficiencies. If the defi-
277		-	ciencies are rectified within 120 days, the manufacturer’s − 4 −2023 Wisconsin Act 164 2023 Assembly Bill 230
278		-	or distributor’s notice is voided. If the dealer fails to pro-
279		-	vide the notice of intent to cure the deficiencies in the pre-
280		-	scribed period, the termination, cancellation, or nonre-
281		-	newal takes effect 30 days after the dealer’s receipt of the
282		-	notice unless the dealer has new and untitled inventory on
283		-	hand that may be disposed of as provided under sub. (3).
284		-	3. The notice period under subd. 1. may be reduced
285		-	to 30 days if the grounds for termination, cancellation, or
286		-	nonrenewal are due to any of the following:
287		-	a. A dealer or one of its owners being convicted of a
288		-	felony.
289		-	b. The abandonment or closing of the business opera-
290		-	tions of the dealer for 10 consecutive business days
291		-	unless the closing is due to an act of God, strike, labor dif-
292		-	ficulty, or other cause over which the dealer has no con-
293		-	trol.
294		-	c. A significant misrepresentation by the dealer
295		-	materially affecting the business relationship.
296		-	d. A suspension of, revocation of, or refusal to renew
297		-	the dealer’s license by the department.
298		-	4. The notice provisions of this paragraph do not
299		-	apply if the reason for termination, cancellation, or non-
300		-	renewal is insolvency, the occurrence of an assignment
301		-	for the benefit of creditors, or bankruptcy.
302		-	(2) A dealer may terminate, cancel, or fail to renew
303		-	a model, line−make, or entire dealer agreement with a
304		-	manufacturer or distributor with or without good cause at
305		-	any time by giving 30 days’ written notice to the manu-
306		-	facturer. If the termination, cancellation, or nonrenewal
307		-	is for good cause, the dealer has the burden of showing
308		-	good cause. Any of the following items, among others,
309		-	may be deemed good cause for the proposed action by a
310		-	dealer:
311		-	(a) A manufacturer being convicted of a felony.
312		-	(b) The business operations of the manufacturer have
313		-	been abandoned or closed for 10 consecutive business
314		-	days, unless the closing is due to an act of God, strike,
315		-	labor difficulty, or other cause over which the manufac-
316		-	turer has no control.
317		-	(c) A significant misrepresentation by the manufac-
318		-	turer materially affecting the business relationship.
319		-	(d) A material violation of this subchapter that is not
320		-	cured within 30 days after written notice by the dealer.
321		-	(e) A declaration by the manufacturer of insolvency,
322		-	the occurrence of an assignment for the benefit of credi-
323		-	tors, or bankruptcy.
324		-	(f) A manufacturer’s material violation of the dealer
325		-	agreement that is not cured within 120 days after written
326		-	notice by the dealer.
327		-	(g) Manufacturer coercion of the dealer under s.
328		-	218.166.
329		-	(h) Manufacturer violation of area of sales responsi-
330		-	bility protections or allowing other dealers to violate
331		-	these protections.
332		-	(3) If the dealer agreement is terminated, canceled,
333		-	or not renewed by the dealer for good cause, the manufac-
334		-	turer shall, at the election of the dealer and within 45 days
335		-	after termination, cancellation, or nonrenewal, repur-
336		-	chase all of the following:
337		-	(a) All new, untitled recreational vehicles that were
338		-	acquired from the manufacturer or distributor within 18
339		-	months before the date of the notice of termination, can-
340		-	cellation, or nonrenewal that have not been used, except
341		-	for demonstration purposes, and that have not been
342		-	altered or damaged, at 100 percent of the net invoice cost,
343		-	including transportation, less applicable rebates and dis-
344		-	counts to the dealer. If any of the recreational vehicles
345		-	repurchased is damaged, the amount due to the dealer
346		-	shall be reduced by the cost to repair the damaged recre-
347		-	ational vehicle. Damage prior to delivery to the dealer
348		-	will not disqualify repurchase under this subsection. Any
349		-	repurchased recreational vehicle must be paid for in full
350		-	before the recreational vehicle is removed from the deal-
351		-	er’s premises. Upon payment under this paragraph,
352		-	recreational vehicles must be immediately surrendered to
353		-	the manufacturer.
354		-	(b) All undamaged accessories or proprietary parts
355		-	sold to the dealer for resale within the 12 months prior to
356		-	termination, cancellation, or nonrenewal, if accompa-
357		-	nied by the original invoice, at 105 percent of the original
358		-	net price paid to the manufacturer or distributor to com-
359		-	pensate the dealer for handling, packing, and shipping the
360		-	parts.
361		-	(c) Any properly functioning diagnostic equipment,
362		-	special tools, current signage, or other equipment and
363		-	machinery at 100 percent of the dealer’s net cost plus
364		-	freight, destination, delivery, and distribution charges
365		-	and sales taxes, if any, if the equipment, tools, signage, or
366		-	machinery was purchased by the dealer within 5 years
367		-	before termination, cancellation, or nonrenewal and
368		-	upon the manufacturer’s or distributor’s request and can
369		-	no longer be used in the normal course of the dealer’s
370		-	ongoing business.
371		-	(4) If a dealer agreement is terminated, canceled, or
372		-	not renewed by the manufacturer or distributor without
373		-	good cause in violation of sub. (1), the manufacturer or
374		-	distributor shall repurchase dealer recreational vehicles,
375		-	accessories, and other equipment in the manner provided
376		-	in sub. (3).
377		-	(5) (a) A dealer is not prohibited from selling any
378		-	remaining in−stock inventory of a particular model or
379		-	line−make after a dealer agreement has been terminated,
380		-	cancelled, or not renewed by the manufacturer.
381		-	(b) If recreational vehicles of a model or line−make
382		-	subject to a terminated agreement are not repurchased or
383		-	required to be repurchased by the manufacturer or dis-
384		-	tributor, the dealer may continue to sell recreational vehi-
385		-	cles that are subject to the terminated dealer agreement
386		-	and are currently in stock until those recreational vehicles
387		-	are no longer in the dealer’s inventory.
388		-	(6) When taking on an additional line−make, a dealer
389		-	shall notify in writing any manufacturer with whom the − 5 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
390		-	dealer has a dealer agreement of the same line−make at
391		-	least 30 days prior to entering into a dealer agreement
392		-	with the manufacturer of the additional line−make.
393		-	SECTION 26. 218.163 of the statutes is created to read:
394		-	218.163 Transfer of ownership. (1) If a dealer
395		-	desires to make a change in ownership by the sale of busi-
396		-	ness assets, stock transfer, or otherwise, the dealer shall
397		-	give the manufacturer or distributor written notice at least
398		-	10 business days before the closing, along with all sup-
399		-	porting documentation as may be reasonably required by
400		-	the manufacturer or distributor to determine if an objec-
401		-	tion to the sale may be made. In the absence of a breach
402		-	by the selling dealer of its dealer agreement or this sub-
403		-	chapter, the manufacturer or distributor may not object to
404		-	the proposed change in ownership unless any of the fol-
405		-	lowing applies to the prospective transferee:
406		-	(a) The transferee has previously been terminated for
407		-	cause by the manufacturer.
408		-	(b) The transferee has been convicted of a felony or
409		-	any crime of fraud, deceit, or moral turpitude.
410		-	(c) The transferee lacks any license required by law.
411		-	(d) The transferee does not have an active line of
412		-	credit sufficient to purchase a manufacturer’s product.
413		-	(e) The transferee has undergone in the last 10 years
414		-	bankruptcy, insolvency, a general assignment for the ben-
415		-	efit of creditors, or the appointment of a receiver, trustee,
416		-	or conservator to take possession of the transferee’s busi-
417		-	ness or property.
418		-	(2) If a manufacturer or distributor objects to a pro-
419		-	posed change in ownership, the manufacturer or distribu-
420		-	tor shall give written notice of its reasons to the dealer
421		-	within 7 business days after receipt of the dealer’s notifi-
422		-	cation and complete documentation. The manufacturer
423		-	or distributor has the burden of proof with regard to its
424		-	objection. If the manufacturer or distributor does not
425		-	give timely notice of its objection, the change, sale, or
426		-	transfer shall be approved.
427		-	(3) (a) A manufacturer or distributor shall provide a
428		-	dealer an opportunity to designate, in writing, a family
429		-	member as a successor to the dealership in the event of the
430		-	death, incapacity, or retirement of the dealer. A manufac-
431		-	turer or distributor may not prevent or refuse to honor the
432		-	succession unless the manufacturer or distributor has
433		-	provided to the dealer written notice of its objections
434		-	within 10 business days after receipt of the dealer’s modi-
435		-	fication of the dealer’s succession plan. In the absence of
436		-	a breach of the dealer agreement, the manufacturer may
437		-	object to the succession only for any of the following rea-
438		-	sons:
439		-	1. Conviction of the successor of a felony or any
440		-	crime of fraud, deceit, or moral turpitude.
441		-	2. Bankruptcy or insolvency of the successor during
442		-	the past 10 years.
443		-	3. Prior termination by the manufacturer of the suc-
444		-	cessor for breach of a dealer agreement.
445		-	4. The lack of an active line of credit for the successor
446		-	sufficient to purchase the manufacturer’s product.
447		-	5. The lack of any license for the successor required
448		-	by law.
449		-	(b) The manufacturer or distributor has the burden of
450		-	proof regarding its objection. A family member may not
451		-	succeed to a dealership if the succession involves, with-
452		-	out the manufacturer’s or distributor’s consent, a reloca-
453		-	tion of the business or an alteration of the terms and con-
454		-	ditions of the dealer agreement.
455		-	SECTION 27. 218.164 of the statutes is created to read:
456		-	218.164 Warranty obligation. (1) Each warrantor
457		-	shall do all of the following:
458		-	(a) Specify, in writing, to each of the warrantor’s
459		-	dealers, the dealer’s obligations, if any, for preparation,
460		-	delivery, and warranty service on the warrantor’s prod-
461		-	ucts.
462		-	(b) Compensate the dealer for warranty service per-
463		-	formed by the dealer that is covered by the warrantor’s
464		-	own warranty.
465		-	(c) Provide the dealer with the schedule of compen-
466		-	sation to be paid and the time allowances for the perfor-
467		-	mance of any work and service. The schedule of com-
468		-	pensation shall include reasonable compensation for
469		-	diagnostic work as well as warranty labor. If the schedule
470		-	of compensation required by this paragraph does not
471		-	include a particular repair, the warrantor shall reimburse
472		-	the dealer for warranty service for the actual time
473		-	expended unless the warrantor demonstrates that the
474		-	actual time was not reasonable. If the warrantor demon-
475		-	strates that the actual time was not reasonable, the dealer
476		-	shall be paid a reasonable sum.
477		-	(2) Time allowances for the diagnosis and perfor-
478		-	mance of warranty labor shall be reasonable for the work
479		-	to be performed. The compensation of a dealer for war-
480		-	ranty labor may not be less than the lowest retail labor
481		-	rate actually charged by the dealer in the ordinary course
482		-	of business for like nonwarranty labor as long as the rate
483		-	is reasonable.
484		-	(3) The warrantor shall reimburse the dealer for any
485		-	warranty part at actual wholesale cost plus a minimum 30
486		-	percent handling charge and the cost, if any, of freight to
487		-	return such part to the warrantor. If a part is sent to the
488		-	dealer at no cost, the dealer is entitled to payment of 30
489		-	percent of the wholesale cost of the part from warrantor
490		-	as a handling charge. The maximum handling charge for
491		-	a part shall not exceed $300. If the warrantor requires the
492		-	dealer to return a warranty part, accessory, or complete
493		-	component, the warrantor shall reimburse the dealer the
494		-	cost of freight to return the part, accessory, or component.
495		-	(4) Warranty audits of dealer records may be con-
496		-	ducted by the warrantor on a reasonable basis, and dealer
497		-	claims for warranty compensation may not be denied
498		-	except for cause, including performance of nonwarranty
499		-	repairs, material noncompliance with the warrantor’s − 6 −2023 Wisconsin Act 164 2023 Assembly Bill 230
500		-	published policies and procedures, lack of material docu-
501		-	mentation, fraud, or misrepresentation.
502		-	(5) A dealer shall submit warranty claims within 45
503		-	days after completing work.
504		-	(6) A dealer shall notify the warrantor as soon as is
505		-	reasonably possible, verbally or in writing, if the dealer
506		-	is unable or unwilling to perform material or repetitive
507		-	warranty repairs.
508		-	(7) A warrantor shall disapprove warranty claims in
509		-	writing within 45 days after the date of submission by the
510		-	dealer in the manner and form prescribed by the warran-
511		-	tor. Claims not specifically disapproved in writing
512		-	within 45 days shall be construed to be approved and
513		-	must be paid within 60 days.
514		-	(8) No warrantor may do any of the following:
515		-	(a) Fail to perform any of its warranty obligations
516		-	with respect to its warranted products.
517		-	(b) Fail to include, in written notices of factory cam-
518		-	paigns to recreational vehicle owners and dealers, the
519		-	expected date by which necessary parts and equipment,
520		-	including tires and chassis or chassis parts, will be avail-
521		-	able to dealers to perform the factory campaign work. A
522		-	warrantor may ship parts to the dealer to affect the factory
523		-	campaign work, and, if parts provided are in excess of the
524		-	dealer’s requirements, the dealer may return unused parts
525		-	to the warrantor for credit after completion of the cam-
526		-	paign.
527		-	(c) Fail to compensate any of its dealers for autho-
528		-	rized repairs effected by the dealer of merchandise dam-
529		-	aged in manufacture or transit to the dealer if the carrier
530		-	is designated by the warrantor, factory branch, distribu-
531		-	tor, or distributor branch.
532		-	(d) Fail to compensate any of its dealers for autho-
533		-	rized warranty service in accordance with the time
534		-	allowances set forth in the schedule of compensation
535		-	under sub. (1) (c) if performed in a timely and competent
536		-	manner.
537		-	(e) Intentionally misrepresent in any way to pur-
538		-	chasers of recreational vehicles that warranties with
539		-	respect to the manufacture, performance, or design of the
540		-	vehicle are made by the dealer as warrantor or co−war-
541		-	rantor.
542		-	(f) Require the dealer to make warranties to cus-
543		-	tomers in any manner related to the manufacture of the
544		-	recreational vehicle.
545		-	(9) No dealer may do any of the following:
546		-	(a) Fail to perform predelivery inspection functions,
547		-	as specified by the warrantor, in a competent and timely
548		-	manner.
549		-	(b) Fail to perform warranty service work authorized
550		-	by the warrantor in a reasonably competent and timely
551		-	manner on any transient customer’s vehicle of the same
552		-	line−make unless the dealer determines that the customer
553		-	is acting in a manner detrimental to its business.
554		-	(c) Fail to track actual time expended to perform war-
555		-	ranty work not governed by time allowances in the sched-
556		-	ule of compensation under sub. (1) (c).
557		-	(d) Claim an agency relationship with the warrantor
558		-	or manufacturer.
559		-	(e) Misrepresent the terms of any warranty.
560		-	(10) Notwithstanding the terms of any dealer agree-
561		-	ment, all of the following apply:
562		-	(a) A warrantor shall indemnify, defend, and hold
563		-	harmless its dealer against any losses or damages to the
564		-	extent such losses or damages are caused by the negli-
565		-	gence or willful misconduct of the warrantor. A dealer
566		-	may not be denied indemnification or a defense for fail-
567		-	ing to discover, disclose, or remedy a defect in the design
568		-	or manufacturing of the recreational vehicle. A dealer
569		-	shall provide to the warrantor a copy of any suit in which
570		-	allegations are made under this section within 10 days
571		-	after receiving the suit. This paragraph shall continue to
572		-	apply even after the recreational vehicle is titled. Indem-
573		-	nification shall include court costs, reasonable attorney
574		-	fees, and expert witness fees incurred by the dealer.
575		-	(b) A dealer shall indemnify, defend, and hold harm-
576		-	less its warrantor against any losses or damages to the
577		-	extent such losses or damages are caused by the negli-
578		-	gence or willful misconduct of the dealer. The warrantor
579		-	shall provide to the dealer a copy of any suit in which alle-
580		-	gations are made under this section within 10 days after
581		-	receiving the suit. This paragraph shall continue to apply
582		-	even after the recreational vehicle is titled. Indemnifica-
583		-	tion must include court costs, reasonable attorney fees,
584		-	and expert witness fees incurred by the warrantor.
585		-	SECTION 28. 218.165 of the statutes is created to read:
586		-	218.165 Inspection of recreational vehicles. (1)
587		-	Whenever a new recreational vehicle is damaged prior to
588		-	transit to the dealer or is damaged in transit to the dealer
589		-	when the carrier or means of transportation has been
590		-	selected by the manufacturer or distributor, the dealer
591		-	shall notify the manufacturer or distributor of the damage
592		-	within the time frame specified in the dealer agreement
593		-	and do any of the following:
594		-	(a) Request from the manufacturer or distributor
595		-	authorization to replace the components, parts, and
596		-	accessories damaged or otherwise correct the damage.
597		-	(b) Reject the vehicle within the time frame set forth
598		-	in sub. (4).
599		-	(2) If a manufacturer or distributor refuses or fails to
600		-	authorize repair of damage described under sub. (1)
601		-	within 10 days after receipt of notification under sub. (1)
602		-	or if the dealer rejects the recreational vehicle because of
603		-	damage, ownership of the new recreational vehicle
604		-	reverts to the manufacturer or distributor.
605		-	(3) A dealer shall exercise due care in custody of a
606		-	damaged recreational vehicle, but the dealer shall have − 7 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
607		-	no other obligations, financial or otherwise, with respect
608		-	to that recreational vehicle.
609		-	(4) The time frame for inspection and rejection by the
610		-	dealer shall be part of the dealer agreement and may not
611		-	be less than 2 business days after the physical delivery of
612		-	the recreational vehicle.
613		-	SECTION 29. 218.166 of the statutes is created to read:
614		-	218.166 Coercion. (1) In this section, “coerce”
615		-	includes threatening to terminate, cancel, or not renew a
616		-	dealer agreement without good cause or threatening to
617		-	withhold product lines or delay product delivery as an
618		-	inducement to amending the dealer agreement.
619		-	(2) A manufacturer or distributor may not coerce or
620		-	attempt to coerce a dealer to do any of the following:
621		-	(a) Purchase a product that the dealer did not order.
622		-	(b) Enter into an agreement with the manufacturer or
623		-	distributor.
624		-	(c) Take any action that is unfair or unreasonable to
625		-	the dealer.
626		-	(d) Enter into an agreement that requires the dealer
627		-	to submit its disputes to binding arbitration or otherwise
628		-	waive rights or responsibilities provided under this sub-
629		-	chapter.
630		-	(e) Forego exercising a right authorized by a dealer
631		-	agreement or any law governing the manufacturer−
632		-	dealer relationship.
633		-	(3) A dealer bears the burden of proof regarding the
634		-	prohibited acts described in sub. (2).
635		-	SECTION 30. 218.167 of the statutes is created to read:
636		-	218.167 Dispute resolution. (1) A dealer, manufac-
637		-	turer, distributor, or warrantor injured by a violation of
638		-	this subchapter by another dealer, manufacturer, distribu-
639		-	tor, or warrantor may bring a civil action in circuit court
640		-	to recover actual damages. The court shall award attor-
641		-	ney fees and costs to the prevailing party in an action
642		-	under this section. Venue for any civil action authorized
643		-	by this section shall be exclusively in the county in which
644		-	the dealership is located. In an action involving more
645		-	than one dealer, venue may be in any county in which a
646		-	dealer who is party to the action is located.
647		-	(2) (a) Before bringing suit under this section, the
648		-	party bringing suit for an alleged violation shall serve a
649		-	written demand for mediation upon the offending party.
650		-	This paragraph does not apply to a proceeding for injunc-
651		-	tive relief.
652		-	(b) A demand for mediation under this subsection
653		-	shall be served upon the offending party by certified mail
654		-	at the address stated within the dealer agreement between
655		-	the parties or, if the address is not contained in the agree-
656		-	ment or the address is no longer valid, the address on the
657		-	offending party’s license filed with this state. In the event
658		-	of a civil action between 2 dealers, the demand shall be
659		-	mailed to the address on the dealer’s license filed with
660		-	this state.
661		-	(c) A demand for mediation under this subsection
662		-	shall contain a brief statement of the dispute and the relief
663		-	sought by the party filing the demand.
664		-	(d) Within 20 days after the date a demand for media-
665		-	tion is served under par. (b), the parties shall mutually
666		-	select an independent mediator and meet with the media-
667		-	tor for the purpose of attempting to resolve the dispute.
668		-	The meeting place shall be in this state in a location
669		-	selected by the mediator. The mediator may extend the
670		-	date of the meeting for good cause shown by either party
671		-	or upon stipulation of both parties.
672		-	(e) The service of a demand for mediation under this
673		-	subsection stays the time for the filing of any complaint,
674		-	petition, protest, or action under this subchapter until rep-
675		-	resentatives of both parties have met with a mutually
676		-	selected mediator for the purpose of attempting to resolve
677		-	the dispute. If a complaint, petition, protest, or action is
678		-	filed before that meeting, the court shall enter an order
679		-	suspending the proceeding or action until the meeting has
680		-	occurred and may, upon written stipulation of all parties
681		-	to the proceeding or action that they wish to continue to
682		-	mediate under this subsection, enter an order suspending
683		-	the proceeding or action for as long a period as the court
684		-	considers appropriate. A suspension order issued under
685		-	this paragraph may be revoked by the court.
686		-	(f) The parties to a mediation under this subsection
687		-	shall bear their own costs for attorney fees and divide
688		-	equally the cost of the mediator.
689		-	(3) In addition to the remedies provided in this sec-
690		-	tion, and notwithstanding the existence of any additional
691		-	remedy at law, a dealer or manufacturer may apply to a
692		-	circuit court for the grant, upon a hearing and for cause
693		-	shown, of a temporary or permanent injunction, or both,
694		-	restraining any person from acting as a dealer, manufac-
695		-	turer, or distributor without being properly licensed
696		-	under this chapter, from violating or continuing to violate
697		-	any of the provisions of this subchapter, or from failing
698		-	or refusing to comply with the requirements of this sub-
699		-	chapter. An injunction under this subsection shall be
700		-	issued without bond. A single act in violation of any of
701		-	the provisions of this subchapter is sufficient to authorize
702		-	the issuance of an injunction.
703		-	SECTION 31. 340.01 (6m) of the statutes is amended
704		-	to read:
705		-	340.01 (6m) “Camping trailer” means a vehicle with
706		-	a collapsible or folding structure designed for human
707		-	habitation and to provide temporary living quarters for
708		-	recreation, camping, or travel use and to be towed upon
709		-	a highway by a motor vehicle.
710		-	SECTION 32. 340.01 (18m) of the statutes is amended
711		-	to read:
712		-	340.01 (18m) “Fifth−wheel recreational vehicle”
713		-	means a recreational vehicle that is towed by a vehicle
714		-	with a flatbed frame so the trailer hitch of the recreational − 8 −2023 Wisconsin Act 164 2023 Assembly Bill 230
715		-	vehicle is bolted to the flatbed frame of the towing vehi-
716		-	cle that is mounted on wheels, that is of a size and weight
717		-	such that a special highway movement permit is not
718		-	required, and that is designed to be towed by a motor
719		-	vehicle utilizing a kingpin and 5th wheel coupling device
720		-	mounted above or forward of the rear axle of the tow
721		-	vehicle.
722		-	SECTION 33. 340.01 (48r) of the statutes is amended
723		-	to read:
724		-	340.01 (48r) “Recreational vehicle” means a vehicle
725		-	that is designed to be towed upon a highway by a motor
726		-	vehicle, that is equipped and used, or intended to be used,
727		-	primarily for temporary or recreational human habita-
728		-	tion, that has walls of rigid construction, and that does not
729		-	exceed 45 46 feet in length. “Recreational vehicle”
730		-	includes a camping trailer, 5th−wheel recreational vehi-
731		-	cle, park model recreational vehicle, as defined in s.
732		-	218.10 (7m), and travel trailer, as defined in s. 218.10
733		-	(8v).
734		-	SECTION 34. 341.25 (1) (i) of the statutes is amended
735		-	to read:
736		-	341.25 (1) (i) For each recreational vehicle, and for
737		-	each camping trailer, a fee of $15.
738		-	SECTION 35. 348.07 (2) (L) of the statutes is created
739		-	to read:
740		-	348.07 (2) (L) Forty−six feet for a towed recreational
741		-	vehicle.
742		-	SECTION 36. 348.08 (1) (i) of the statutes is amended
743		-	to read:
744		-	348.08 (1) (i) A 3−vehicle combination consisting of
745		-	a towing vehicle and, in order by weight, with the lighter
746		-	of the towed vehicles as the 3rd vehicle in the 3−vehicle
747		-	combination unless not structurally possible, a recre-
748		-	ational vehicle or camping trailer as the 2nd vehicle, and
749		-	a recreational vehicle, camping trailer, or trailer carrying
750		-	any vehicle for recreational use or carrying no load as the
751		-	3rd vehicle may, without a permit, be operated on a high-
752		-	way if the overall length of the combination of vehicles
753		-	does not exceed 65 feet and, if the total weight, including
754		-	any load, of all towed vehicles exceeds 3,000 pounds, one
755		-	of the towed vehicles is equipped with brakes. No
756		-	3−vehicle combination may operate under this paragraph
757		-	if highway or weather conditions include heavy snow,
758		-	freezing rain, icy roads, high winds, limited visibility, or
759		-	upon a highway that is closed or partially closed by the
	1053	+	SECTION 28. 340.01 (18m) of the statutes is amended to read:
	1054	+	340.01 (18m) “Fifth-wheel recreational vehicle" means a recreational vehicle
	1055	+	that is towed by a vehicle with a flatbed frame so the trailer hitch of the recreational
	1056	+	vehicle is bolted to the flatbed frame of the towing vehicle mounted on wheels that
	1057	+	is designed to provide temporary living quarters for recreational, camping, or travel
	1058	+	use, that is of a size and weight that a special highway movement permit is not
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	1084	+	EVM:cjs
	1085	+	SECTION 28 ASSEMBLY BILL 230
	1086	+	required, and that is designed to be towed by a motor vehicle that contains a towing
	1087	+	mechanism that is mounted above or forward of the rear axle of the tow vehicle.
	1088	+	SECTION 29. 340.01 (48r) of the statutes is amended to read:
	1089	+	340.01 (48r) “Recreational vehicle" means a vehicle that is designed to be
	1090	+	towed upon a highway by a motor vehicle, that is equipped and used, or intended to
	1091	+	be used, primarily for temporary or recreational human habitation, that has walls
	1092	+	of rigid construction, and that does not exceed 45 feet in length. “Recreational
	1093	+	vehicle” includes a camping trailer, fifth-wheel recreational vehicle, park model
	1094	+	recreational vehicle, as defined in s. 218.10 (7m), travel trailer, as defined in s. 218.10
	1095	+	(8v), and truck camper, as defined in s. 218.10 (8w).
	1096	+	SECTION 30. 341.25 (1) (i) of the statutes is amended to read:
	1097	+	341.25 (1) (i) For each recreational vehicle, and for each camping trailer, a fee
	1098	+	of $15.
	1099	+	SECTION 31. 348.08 (1) (i) of the statutes is amended to read:
	1100	+	348.08 (1) (i) A 3-vehicle combination consisting of a towing vehicle and, in
	1101	+	order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the
	1102	+	3-vehicle combination unless not structurally possible, a recreational vehicle or
	1103	+	camping trailer as the 2nd vehicle, and a recreational vehicle, camping trailer, or
	1104	+	trailer carrying any vehicle for recreational use or carrying no load as the 3rd vehicle
	1105	+	may, without a permit, be operated on a highway if the overall length of the
	1106	+	combination of vehicles does not exceed 65 feet and, if the total weight, including any
	1107	+	load, of all towed vehicles exceeds 3,000 pounds, one of the towed vehicles is equipped
	1108	+	with brakes. No 3-vehicle combination may operate under this paragraph if
	1109	+	highway or weather conditions include heavy snow, freezing rain, icy roads, high
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	1137	+	ASSEMBLY BILL 230
	1138	+	winds, limited visibility, or upon a highway that is closed or partially closed by the
760	1139		department due to highway conditions.
761		-	SECTION 37. 348.08 (1) (j) of the statutes is amended
762		-	to read:
763		-	348.08 (1) (j) A 3−vehicle combination not exceed-
764		-	ing 70 feet in overall length may, without a permit, be
765		-	operated on a highway if the towing vehicle serving as the
766		-	power unit is equipped with a 5th wheel and kingpin con-
767		-	nection by which the 2nd vehicle in the 3−vehicle combi-
768		-	nation is drawn, the 2nd vehicle in the 3−vehicle combi-
769		-	nation is a recreational vehicle or camping trailer,
770		-	including any combination camping−horse trailer, the
771		-	3rd vehicle in the 3−vehicle combination is a recreational
772		-	vehicle or camping trailer or a trailer carrying any vehicle
773		-	for recreational use, carrying equestrian equipment and
774		-	equestrian supplies for recreational purposes, or carrying
775		-	no load, and, if the total weight, including any load, of all
776		-	towed vehicles exceeds 3,000 pounds, one of the towed
777		-	vehicles is equipped with brakes. No 3−vehicle combina-
778		-	tion may operate under this paragraph if highway or
779		-	weather conditions include heavy snow, freezing rain, icy
780		-	roads, high winds, limited visibility, or upon a highway
781		-	that is closed or partially closed by the department due to
782		-	highway conditions.
783		-	SECTION 38.0Effective date.
784		-	(1) This act takes effect on the first day of the 7th
785		-	month beginning after publication.
	1140	+	SECTION 32. 348.08 (1) (j) of the statutes is amended to read:
	1141	+	348.08 (1) (j) A 3-vehicle combination not exceeding 70 feet in overall length
	1142	+	may, without a permit, be operated on a highway if the towing vehicle serving as the
	1143	+	power unit is equipped with a 5th wheel and kingpin connection by which the 2nd
	1144	+	vehicle in the 3-vehicle combination is drawn, the 2nd vehicle in the 3-vehicle
	1145	+	combination is a recreational vehicle or camping trailer, including any combination
	1146	+	camping-horse trailer, the 3rd vehicle in the 3-vehicle combination is a recreational
	1147	+	vehicle or camping trailer or a trailer carrying any vehicle for recreational use,
	1148	+	carrying equestrian equipment and equestrian supplies for recreational purposes,
	1149	+	or carrying no load, and, if the total weight, including any load, of all towed vehicles
	1150	+	exceeds 3,000 pounds, one of the towed vehicles is equipped with brakes. No
	1151	+	3-vehicle combination may operate under this paragraph if highway or weather
	1152	+	conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility,
	1153	+	or upon a highway that is closed or partially closed by the department due to highway
	1154	+	conditions.
	1155	+	(END)
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	1160	+	5
	1161	+	6
	1162	+	7
	1163	+	8
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	1165	+	10
	1166	+	11
	1167	+	12
	1168	+	13
	1169	+	14
	1170	+	15
	1171	+	16
	1172	+	17
	1173	+	18