Date of enactment: March 21, 2024
2023 Assembly Bill 230 Date of publication*: March 22, 2024
2023 WISCONSIN ACT 164
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),
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
(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
(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,
218.163, 218.164, 218.165, 218.166, 218.167 and 348.07 (2) (L) of the statutes; relating to: recreational vehicle
manufacturers, distributors, and dealers and the definition and operation of recreational vehicles.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 218.10 (1b) of the statutes is created to
read:
218.10 (1b) “Area of sales responsibility” means the
geographical area agreed to by the dealer and the manu-
facturer or distributor in a dealer agreement within which
the dealer has the exclusive right to display or sell the
manufacturer’s new recreational vehicles of a particular
line−make.
SECTION 2. 218.10 (1c) of the statutes is created to
read:
218.10 (1c) “Camping trailer” means a vehicle with
a collapsible or folding structure designed to provide
temporary living quarters for recreational, camping, or
travel use and to be towed upon a highway by a motor
vehicle.
SECTION 3. 218.10 (1d) of the statutes is created to
read:
218.10 (1d) “Component manufacturer” means a
person, firm, corporation, or business entity that engages
in the manufacturing of components, accessories, or parts
used in manufacturing recreational vehicles.
SECTION 4. 218.10 (1i) of the statutes is created to
read:
218.10 (1i) “Dealer agreement” means a written
agreement or contract entered into by a dealer and a man-
ufacturer or distributor that fixes the rights and responsi-
bilities of the parties and pursuant to which the dealer
sells new recreational vehicles.
SECTION 5. 218.10 (1n) of the statutes is created to
read:
218.10 (1n) “Distributor” means a resident or non-
resident who, in whole or in part, sells or distributes new
recreational vehicles to recreational vehicle dealers or
who maintains distributor representatives.
SECTION 6. 218.10 (1o) of the statutes is created to
read:
218.10 (1o) “Factory campaign” means an effort on
the part of a warrantor to contact recreational vehicle
owners or dealers in order to address a part or equipment
issue.
SECTION 7. 218.10 (1p) of the statutes is created to
read:
* 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
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
218.10 (1p) “Family member” means an individual’s
spouse or an individual’s child, grandchild, parent, sib-
ling, niece, or nephew or the spouse of any of these.
SECTION 8. 218.10 (1q) of the statutes is created to
read:
218.10 (1q) “Fifth−wheel recreational vehicle”
means a recreational vehicle that is mounted on wheels,
that is of a size and weight such that a special highway
movement permit is not required, and that is designed to
be towed by a motor vehicle utilizing a kingpin and 5th
wheel coupling device mounted above or forward of the
rear axle of the tow vehicle.
SECTION 9. 218.10 (1t) of the statutes is created to
read:
218.10 (1t) “Line−make” means a specific series of
recreational vehicle products, the sale of which may be
authorized by a dealer agreement, that satisfies all of the
following:
(a) Is targeted to a particular market segment, as
determined by the decor, features, equipment, size,
weight, and price range.
(b) Has lengths and interior floor plans that distin-
guish the series of recreational vehicle products from
other series with substantially the same decor, features,
equipment, weight, and price.
(c) Belongs to a single, distinct classification of
recreational vehicle product type having a substantial
degree of commonality in the construction of the chassis,
frame, and body.
SECTION 10. 218.10 (2) of the statutes is created to
read:
218.10 (2) “Model” is a series of recreational vehicle
products identified by a common series trade name or
trademark that is a subset of a line−make.
SECTION 11. 218.10 (7m) of the statutes is created to
read:
218.10 (7m) “Park model recreational vehicle”
means a recreational vehicle that is all of the following:
(a) Designed and marketed as temporary living quar-
ters for recreational, camping, travel, or seasonal use.
(b) Not permanently affixed to real property for use
as a permanent dwelling.
(c) Built on a single chassis mounted on wheels with
a gross trailer area not exceeding 400 square feet in the
setup mode.
(d) Certified by the manufacturer as complying with
the ANSI A119.5 Park Model Recreational Vehicle Stan-
dard.
SECTION 12. 218.10 (7w) of the statutes is created to
read:
218.10 (7w) “Proprietary part” means any part man-
ufactured by or for and sold exclusively by the manufac-
turer.
SECTION 13. 218.10 (8m) of the statutes is amended
to read:
218.10 (8m) “Recreational vehicle” has the meaning
given in s. 340.01 (48r) means a vehicle that is designed
to be towed upon a highway by a motor vehicle, that is
equipped and used, or intended to be used, primarily for
temporary or recreational human habitation, and that
does not exceed 46 feet in length. “Recreational vehicle”
includes a camping trailer, 5th−wheel recreational vehi-
cle, park model recreational vehicle, and travel trailer.
SECTION 14. 218.10 (8u) of the statutes is created to
read:
218.10 (8u) “Transient customer” means a customer
who is temporarily traveling through a dealer’s area of
sales responsibility.
SECTION 15. 218.10 (8v) of the statutes is created to
read:
218.10 (8v) “Travel trailer” means a vehicle that is
mounted on wheels, that is designed to provide tempo-
rary living quarters for recreational, camping, or travel
use, and that is of a size or weight that a special highway
movement permit is not required when towed by a motor
vehicle.
SECTION 16. 218.10 (10) of the statutes is created to
read:
218.10 (10) “Warrantor” means a person, firm, cor-
poration, or business entity that gives a warranty in con-
nection with a new recreational vehicle or parts, acces-
sories, or components of a new recreational vehicle.
SECTION 17. 218.10 (11) of the statutes is created to
read:
218.10 (11) “Warranty” does not include service con-
tracts, mechanical or other insurance, or extended war-
ranties sold for separate consideration by a dealer or other
person not controlled by a manufacturer.
SECTION 18. 218.11 (title) of the statutes is amended
to read:
218.11 (title) Recreational vehicle dealers, manu-
facturers, and distributors regulated.
SECTION 19. 218.11 (2) (e) of the statutes is created
to read:
218.11 (2) (e) A recreational vehicle dealer or an
applicant for a recreational vehicle dealer license shall
provide and maintain in force a bond or irrevocable letter
of credit of not less than $50,000. The bond or letter of
credit shall be executed in the name of the department of
transportation for the benefit of any person who sustains
a loss because of an act of a recreational vehicle dealer
that constitutes grounds for the suspension or revocation
of a license under sub. (6).
SECTION 20. 218.11 (4) of the statutes is created to
read:
218.11 (4) (a) No manufacturer or distributor may
engage in business as a manufacturer or distributor in this
state without a license.
(b) No manufacturers’ or distributors’ recreational
vehicles may be sold in this state unless either the manu- − 3 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
facturer on direct dealerships of domestic vehicles or the
distributor on indirect dealerships of either domestic or
foreign vehicles are licensed under par. (a). The obtain-
ing of a license under par. (a) shall conclusively establish
that a manufacturer or distributor is doing business in this
state and shall subject the licensee to all provisions of the
Wisconsin statutes regulating manufacturers and distrib-
utors.
SECTION 21. 218.11 (6) (o) of the statutes is created
to read:
218.11 (6) (o) Being a dealer, manufacturer, or dis-
tributor that violates any provision of ss. 218.161 to
218.167.
SECTION 22. 218.11 (7) (b) of the statutes is repealed
and recreated to read:
218.11 (7) (b) The provisions of s. 218.0116 (4) relat-
ing to the suspension and revocation of a license applies
to the suspension and revocation of the license of a recre-
ational vehicle dealer, manufacturer, or distributor,
except that the provisions s. 218.0116 (4) do not apply to
the suspension or revocation of a license under sub. (6m)
and that no suspension or revocation under this paragraph
may be predicated on conduct related to mileage disclo-
sure.
SECTION 23. 218.15 of the statutes is amended to
read:
218.15 Sale or lease of used recreational vehicles.
In the sale or lease of any used recreational vehicle, the
sales invoice or lease agreement shall contain the point of
manufacture of the used recreational vehicle, and the
name of the manufacturer and the name and address of
the previous owner.
SECTION 24. 218.161 of the statutes is created to read:
218.161 Dealer agreement requirement. (1) A
manufacturer or distributor may not sell a new recre-
ational vehicle in this state to or through a dealer without
having first entered into a written dealer agreement with
a dealer that has been signed by both parties.
(2) The manufacturer shall designate the area of sales
responsibility exclusively assigned to a dealer in the
dealer agreement and may not change the area of sales
responsibility or contract with another dealer for sale of
the same model or line−make, as specified in the agree-
ment, in the designated area of sales responsibility during
the duration of the agreement.
(3) The terms of the dealer agreement, including the
area of sales responsibility, may not be reviewed or
changed during the duration of the dealer agreement
without the written mutual consent of the parties. The
duration of the dealer agreement shall be stated in the
dealer agreement.
(4) A dealer may not sell a new recreational vehicle
in this state without having first entered into a dealer
agreement with a manufacturer or distributor and may
not sell outside the area of sales responsibility designated
in the agreement under sub. (2).
(5) A manufacturer may not unilaterally issue a pol-
icy or procedure that violates or substantially alters a pro-
vision of the dealer agreement during the duration of the
agreement.
(6) A manufacturer shall distribute new recreational
vehicles to its dealers in a fair and equitable manner. If
requested, a manufacturer shall provide information on
its manner of distribution.
(7) A manufacturer shall provide its dealer with ade-
quate technical data to perform proper service and
repairs.
SECTION 25. 218.162 of the statutes is created to read:
218.162 Termination of dealer agreement. (1) (a)
A manufacturer or distributor, directly or through any
officer, agent, or employee, may terminate, cancel, or fail
to renew a model, line−make, or entire dealer agreement
only with good cause, and, upon renewal, may not require
additional inventory stocking requirements or increased
retail sales targets in excess of the market growth in the
dealer’s area of sales responsibility.
(b) A manufacturer or distributor has the burden of
showing good cause for terminating, canceling, or failing
to renew a model, line−make, or dealer agreement with
a dealer. For purposes of determining whether there is
good cause for the proposed action, any of the following
factors may be considered:
1. The extent of the affected dealer’s penetration in
the relevant market area for the relevant model or line−
make.
2. The nature and extent of the dealer’s investment in
its business.
3. The adequacy of the dealer’s service facilities,
equipment, parts, supplies, and personnel.
4. The effect of the proposed action on the commu-
nity.
5. The extent and quality of the dealer’s service under
recreational vehicle warranties.
6. The failure to follow agreed−upon, reasonable pro-
cedures or standards related to the overall operation of
the dealership consistent with the law and the dealer
agreement.
7. The dealer’s performance under the terms of its
dealer agreement.
(c) 1. Except as provided in this paragraph, a manu-
facturer or distributor shall provide a dealer with at least
120 days’ prior written notice of termination, cancella-
tion, or nonrenewal of a model, line−make, or entire
dealer agreement.
2. The notice under subd. 1. shall state all reasons for
the proposed termination, cancellation, or nonrenewal
and shall state that if, within 30 days following receipt of
the notice, the dealer provides to the manufacturer or dis-
tributor a written notice of intent to cure all claimed defi-
ciencies, the dealer will then have 120 days following
receipt of the notice to rectify the deficiencies. If the defi-
ciencies are rectified within 120 days, the manufacturer’s − 4 −2023 Wisconsin Act 164 2023 Assembly Bill 230
or distributor’s notice is voided. If the dealer fails to pro-
vide the notice of intent to cure the deficiencies in the pre-
scribed period, the termination, cancellation, or nonre-
newal takes effect 30 days after the dealer’s receipt of the
notice unless the dealer has new and untitled inventory on
hand that may be disposed of as provided under sub. (3).
3. The notice period under subd. 1. may be reduced
to 30 days if the grounds for termination, cancellation, or
nonrenewal are due to any of the following:
a. A dealer or one of its owners being convicted of a
felony.
b. The abandonment or closing of the business opera-
tions of the dealer for 10 consecutive business days
unless the closing is due to an act of God, strike, labor dif-
ficulty, or other cause over which the dealer has no con-
trol.
c. A significant misrepresentation by the dealer
materially affecting the business relationship.
d. A suspension of, revocation of, or refusal to renew
the dealer’s license by the department.
4. The notice provisions of this paragraph do not
apply if the reason for termination, cancellation, or non-
renewal is insolvency, the occurrence of an assignment
for the benefit of creditors, or bankruptcy.
(2) A dealer may terminate, cancel, or fail to renew
a model, line−make, or entire dealer agreement with a
manufacturer or distributor with or without good cause at
any time by giving 30 days’ written notice to the manu-
facturer. If the termination, cancellation, or nonrenewal
is for good cause, the dealer has the burden of showing
good cause. Any of the following items, among others,
may be deemed good cause for the proposed action by a
dealer:
(a) A manufacturer being convicted of a felony.
(b) The business operations of the manufacturer have
been abandoned or closed for 10 consecutive business
days, unless the closing is due to an act of God, strike,
labor difficulty, or other cause over which the manufac-
turer has no control.
(c) A significant misrepresentation by the manufac-
turer materially affecting the business relationship.
(d) A material violation of this subchapter that is not
cured within 30 days after written notice by the dealer.
(e) A declaration by the manufacturer of insolvency,
the occurrence of an assignment for the benefit of credi-
tors, or bankruptcy.
(f) A manufacturer’s material violation of the dealer
agreement that is not cured within 120 days after written
notice by the dealer.
(g) Manufacturer coercion of the dealer under s.
218.166.
(h) Manufacturer violation of area of sales responsi-
bility protections or allowing other dealers to violate
these protections.
(3) If the dealer agreement is terminated, canceled,
or not renewed by the dealer for good cause, the manufac-
turer shall, at the election of the dealer and within 45 days
after termination, cancellation, or nonrenewal, repur-
chase all of the following:
(a) All new, untitled recreational vehicles that were
acquired from the manufacturer or distributor within 18
months before the date of the notice of termination, can-
cellation, or nonrenewal that have not been used, except
for demonstration purposes, and that have not been
altered or damaged, at 100 percent of the net invoice cost,
including transportation, less applicable rebates and dis-
counts to the dealer. If any of the recreational vehicles
repurchased is damaged, the amount due to the dealer
shall be reduced by the cost to repair the damaged recre-
ational vehicle. Damage prior to delivery to the dealer
will not disqualify repurchase under this subsection. Any
repurchased recreational vehicle must be paid for in full
before the recreational vehicle is removed from the deal-
er’s premises. Upon payment under this paragraph,
recreational vehicles must be immediately surrendered to
the manufacturer.
(b) All undamaged accessories or proprietary parts
sold to the dealer for resale within the 12 months prior to
termination, cancellation, or nonrenewal, if accompa-
nied by the original invoice, at 105 percent of the original
net price paid to the manufacturer or distributor to com-
pensate the dealer for handling, packing, and shipping the
parts.
(c) Any properly functioning diagnostic equipment,
special tools, current signage, or other equipment and
machinery at 100 percent of the dealer’s net cost plus
freight, destination, delivery, and distribution charges
and sales taxes, if any, if the equipment, tools, signage, or
machinery was purchased by the dealer within 5 years
before termination, cancellation, or nonrenewal and
upon the manufacturer’s or distributor’s request and can
no longer be used in the normal course of the dealer’s
ongoing business.
(4) If a dealer agreement is terminated, canceled, or
not renewed by the manufacturer or distributor without
good cause in violation of sub. (1), the manufacturer or
distributor shall repurchase dealer recreational vehicles,
accessories, and other equipment in the manner provided
in sub. (3).
(5) (a) A dealer is not prohibited from selling any
remaining in−stock inventory of a particular model or
line−make after a dealer agreement has been terminated,
cancelled, or not renewed by the manufacturer.
(b) If recreational vehicles of a model or line−make
subject to a terminated agreement are not repurchased or
required to be repurchased by the manufacturer or dis-
tributor, the dealer may continue to sell recreational vehi-
cles that are subject to the terminated dealer agreement
and are currently in stock until those recreational vehicles
are no longer in the dealer’s inventory.
(6) When taking on an additional line−make, a dealer
shall notify in writing any manufacturer with whom the − 5 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
dealer has a dealer agreement of the same line−make at
least 30 days prior to entering into a dealer agreement
with the manufacturer of the additional line−make.
SECTION 26. 218.163 of the statutes is created to read:
218.163 Transfer of ownership. (1) If a dealer
desires to make a change in ownership by the sale of busi-
ness assets, stock transfer, or otherwise, the dealer shall
give the manufacturer or distributor written notice at least
10 business days before the closing, along with all sup-
porting documentation as may be reasonably required by
the manufacturer or distributor to determine if an objec-
tion to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this sub-
chapter, the manufacturer or distributor may not object to
the proposed change in ownership unless any of the fol-
lowing applies to the prospective transferee:
(a) The transferee has previously been terminated for
cause by the manufacturer.
(b) The transferee has been convicted of a felony or
any crime of fraud, deceit, or moral turpitude.
(c) The transferee lacks any license required by law.
(d) The transferee does not have an active line of
credit sufficient to purchase a manufacturer’s product.
(e) The transferee has undergone in the last 10 years
bankruptcy, insolvency, a general assignment for the ben-
efit of creditors, or the appointment of a receiver, trustee,
or conservator to take possession of the transferee’s busi-
ness or property.
(2) If a manufacturer or distributor objects to a pro-
posed change in ownership, the manufacturer or distribu-
tor shall give written notice of its reasons to the dealer
within 7 business days after receipt of the dealer’s notifi-
cation and complete documentation. The manufacturer
or distributor has the burden of proof with regard to its
objection. If the manufacturer or distributor does not
give timely notice of its objection, the change, sale, or
transfer shall be approved.
(3) (a) A manufacturer or distributor shall provide a
dealer an opportunity to designate, in writing, a family
member as a successor to the dealership in the event of the
death, incapacity, or retirement of the dealer. A manufac-
turer or distributor may not prevent or refuse to honor the
succession unless the manufacturer or distributor has
provided to the dealer written notice of its objections
within 10 business days after receipt of the dealer’s modi-
fication of the dealer’s succession plan. In the absence of
a breach of the dealer agreement, the manufacturer may
object to the succession only for any of the following rea-
sons:
1. Conviction of the successor of a felony or any
crime of fraud, deceit, or moral turpitude.
2. Bankruptcy or insolvency of the successor during
the past 10 years.
3. Prior termination by the manufacturer of the suc-
cessor for breach of a dealer agreement.
4. The lack of an active line of credit for the successor
sufficient to purchase the manufacturer’s product.
5. The lack of any license for the successor required
by law.
(b) The manufacturer or distributor has the burden of
proof regarding its objection. A family member may not
succeed to a dealership if the succession involves, with-
out the manufacturer’s or distributor’s consent, a reloca-
tion of the business or an alteration of the terms and con-
ditions of the dealer agreement.
SECTION 27. 218.164 of the statutes is created to read:
218.164 Warranty obligation. (1) Each warrantor
shall do all of the following:
(a) Specify, in writing, to each of the warrantor’s
dealers, the dealer’s obligations, if any, for preparation,
delivery, and warranty service on the warrantor’s prod-
ucts.
(b) Compensate the dealer for warranty service per-
formed by the dealer that is covered by the warrantor’s
own warranty.
(c) Provide the dealer with the schedule of compen-
sation to be paid and the time allowances for the perfor-
mance of any work and service. The schedule of com-
pensation shall include reasonable compensation for
diagnostic work as well as warranty labor. If the schedule
of compensation required by this paragraph does not
include a particular repair, the warrantor shall reimburse
the dealer for warranty service for the actual time
expended unless the warrantor demonstrates that the
actual time was not reasonable. If the warrantor demon-
strates that the actual time was not reasonable, the dealer
shall be paid a reasonable sum.
(2) Time allowances for the diagnosis and perfor-
mance of warranty labor shall be reasonable for the work
to be performed. The compensation of a dealer for war-
ranty labor may not be less than the lowest retail labor
rate actually charged by the dealer in the ordinary course
of business for like nonwarranty labor as long as the rate
is reasonable.
(3) The warrantor shall reimburse the dealer for any
warranty part at actual wholesale cost plus a minimum 30
percent handling charge and the cost, if any, of freight to
return such part to the warrantor. If a part is sent to the
dealer at no cost, the dealer is entitled to payment of 30
percent of the wholesale cost of the part from warrantor
as a handling charge. The maximum handling charge for
a part shall not exceed $300. If the warrantor requires the
dealer to return a warranty part, accessory, or complete
component, the warrantor shall reimburse the dealer the
cost of freight to return the part, accessory, or component.
(4) Warranty audits of dealer records may be con-
ducted by the warrantor on a reasonable basis, and dealer
claims for warranty compensation may not be denied
except for cause, including performance of nonwarranty
repairs, material noncompliance with the warrantor’s − 6 −2023 Wisconsin Act 164 2023 Assembly Bill 230
published policies and procedures, lack of material docu-
mentation, fraud, or misrepresentation.
(5) A dealer shall submit warranty claims within 45
days after completing work.
(6) A dealer shall notify the warrantor as soon as is
reasonably possible, verbally or in writing, if the dealer
is unable or unwilling to perform material or repetitive
warranty repairs.
(7) A warrantor shall disapprove warranty claims in
writing within 45 days after the date of submission by the
dealer in the manner and form prescribed by the warran-
tor. Claims not specifically disapproved in writing
within 45 days shall be construed to be approved and
must be paid within 60 days.
(8) No warrantor may do any of the following:
(a) Fail to perform any of its warranty obligations
with respect to its warranted products.
(b) Fail to include, in written notices of factory cam-
paigns to recreational vehicle owners and dealers, the
expected date by which necessary parts and equipment,
including tires and chassis or chassis parts, will be avail-
able to dealers to perform the factory campaign work. A
warrantor may ship parts to the dealer to affect the factory
campaign work, and, if parts provided are in excess of the
dealer’s requirements, the dealer may return unused parts
to the warrantor for credit after completion of the cam-
paign.
(c) Fail to compensate any of its dealers for autho-
rized repairs effected by the dealer of merchandise dam-
aged in manufacture or transit to the dealer if the carrier
is designated by the warrantor, factory branch, distribu-
tor, or distributor branch.
(d) Fail to compensate any of its dealers for autho-
rized warranty service in accordance with the time
allowances set forth in the schedule of compensation
under sub. (1) (c) if performed in a timely and competent
manner.
(e) Intentionally misrepresent in any way to pur-
chasers of recreational vehicles that warranties with
respect to the manufacture, performance, or design of the
vehicle are made by the dealer as warrantor or co−war-
rantor.
(f) Require the dealer to make warranties to cus-
tomers in any manner related to the manufacture of the
recreational vehicle.
(9) No dealer may do any of the following:
(a) Fail to perform predelivery inspection functions,
as specified by the warrantor, in a competent and timely
manner.
(b) Fail to perform warranty service work authorized
by the warrantor in a reasonably competent and timely
manner on any transient customer’s vehicle of the same
line−make unless the dealer determines that the customer
is acting in a manner detrimental to its business.
(c) Fail to track actual time expended to perform war-
ranty work not governed by time allowances in the sched-
ule of compensation under sub. (1) (c).
(d) Claim an agency relationship with the warrantor
or manufacturer.
(e) Misrepresent the terms of any warranty.
(10) Notwithstanding the terms of any dealer agree-
ment, all of the following apply:
(a) A warrantor shall indemnify, defend, and hold
harmless its dealer against any losses or damages to the
extent such losses or damages are caused by the negli-
gence or willful misconduct of the warrantor. A dealer
may not be denied indemnification or a defense for fail-
ing to discover, disclose, or remedy a defect in the design
or manufacturing of the recreational vehicle. A dealer
shall provide to the warrantor a copy of any suit in which
allegations are made under this section within 10 days
after receiving the suit. This paragraph shall continue to
apply even after the recreational vehicle is titled. Indem-
nification shall include court costs, reasonable attorney
fees, and expert witness fees incurred by the dealer.
(b) A dealer shall indemnify, defend, and hold harm-
less its warrantor against any losses or damages to the
extent such losses or damages are caused by the negli-
gence or willful misconduct of the dealer. The warrantor
shall provide to the dealer a copy of any suit in which alle-
gations are made under this section within 10 days after
receiving the suit. This paragraph shall continue to apply
even after the recreational vehicle is titled. Indemnifica-
tion must include court costs, reasonable attorney fees,
and expert witness fees incurred by the warrantor.
SECTION 28. 218.165 of the statutes is created to read:
218.165 Inspection of recreational vehicles. (1)
Whenever a new recreational vehicle is damaged prior to
transit to the dealer or is damaged in transit to the dealer
when the carrier or means of transportation has been
selected by the manufacturer or distributor, the dealer
shall notify the manufacturer or distributor of the damage
within the time frame specified in the dealer agreement
and do any of the following:
(a) Request from the manufacturer or distributor
authorization to replace the components, parts, and
accessories damaged or otherwise correct the damage.
(b) Reject the vehicle within the time frame set forth
in sub. (4).
(2) If a manufacturer or distributor refuses or fails to
authorize repair of damage described under sub. (1)
within 10 days after receipt of notification under sub. (1)
or if the dealer rejects the recreational vehicle because of
damage, ownership of the new recreational vehicle
reverts to the manufacturer or distributor.
(3) A dealer shall exercise due care in custody of a
damaged recreational vehicle, but the dealer shall have − 7 − 2023 Wisconsin Act 164 2023 Assembly Bill 230
no other obligations, financial or otherwise, with respect
to that recreational vehicle.
(4) The time frame for inspection and rejection by the
dealer shall be part of the dealer agreement and may not
be less than 2 business days after the physical delivery of
the recreational vehicle.
SECTION 29. 218.166 of the statutes is created to read:
218.166 Coercion. (1) In this section, “coerce”
includes threatening to terminate, cancel, or not renew a
dealer agreement without good cause or threatening to
withhold product lines or delay product delivery as an
inducement to amending the dealer agreement.
(2) A manufacturer or distributor may not coerce or
attempt to coerce a dealer to do any of the following:
(a) Purchase a product that the dealer did not order.
(b) Enter into an agreement with the manufacturer or
distributor.
(c) Take any action that is unfair or unreasonable to
the dealer.
(d) Enter into an agreement that requires the dealer
to submit its disputes to binding arbitration or otherwise
waive rights or responsibilities provided under this sub-
chapter.
(e) Forego exercising a right authorized by a dealer
agreement or any law governing the manufacturer−
dealer relationship.
(3) A dealer bears the burden of proof regarding the
prohibited acts described in sub. (2).
SECTION 30. 218.167 of the statutes is created to read:
218.167 Dispute resolution. (1) A dealer, manufac-
turer, distributor, or warrantor injured by a violation of
this subchapter by another dealer, manufacturer, distribu-
tor, or warrantor may bring a civil action in circuit court
to recover actual damages. The court shall award attor-
ney fees and costs to the prevailing party in an action
under this section. Venue for any civil action authorized
by this section shall be exclusively in the county in which
the dealership is located. In an action involving more
than one dealer, venue may be in any county in which a
dealer who is party to the action is located.
(2) (a) Before bringing suit under this section, the
party bringing suit for an alleged violation shall serve a
written demand for mediation upon the offending party.
This paragraph does not apply to a proceeding for injunc-
tive relief.
(b) A demand for mediation under this subsection
shall be served upon the offending party by certified mail
at the address stated within the dealer agreement between
the parties or, if the address is not contained in the agree-
ment or the address is no longer valid, the address on the
offending party’s license filed with this state. In the event
of a civil action between 2 dealers, the demand shall be
mailed to the address on the dealer’s license filed with
this state.
(c) A demand for mediation under this subsection
shall contain a brief statement of the dispute and the relief
sought by the party filing the demand.
(d) Within 20 days after the date a demand for media-
tion is served under par. (b), the parties shall mutually
select an independent mediator and meet with the media-
tor for the purpose of attempting to resolve the dispute.
The meeting place shall be in this state in a location
selected by the mediator. The mediator may extend the
date of the meeting for good cause shown by either party
or upon stipulation of both parties.
(e) The service of a demand for mediation under this
subsection stays the time for the filing of any complaint,
petition, protest, or action under this subchapter until rep-
resentatives of both parties have met with a mutually
selected mediator for the purpose of attempting to resolve
the dispute. If a complaint, petition, protest, or action is
filed before that meeting, the court shall enter an order
suspending the proceeding or action until the meeting has
occurred and may, upon written stipulation of all parties
to the proceeding or action that they wish to continue to
mediate under this subsection, enter an order suspending
the proceeding or action for as long a period as the court
considers appropriate. A suspension order issued under
this paragraph may be revoked by the court.
(f) The parties to a mediation under this subsection
shall bear their own costs for attorney fees and divide
equally the cost of the mediator.
(3) In addition to the remedies provided in this sec-
tion, and notwithstanding the existence of any additional
remedy at law, a dealer or manufacturer may apply to a
circuit court for the grant, upon a hearing and for cause
shown, of a temporary or permanent injunction, or both,
restraining any person from acting as a dealer, manufac-
turer, or distributor without being properly licensed
under this chapter, from violating or continuing to violate
any of the provisions of this subchapter, or from failing
or refusing to comply with the requirements of this sub-
chapter. An injunction under this subsection shall be
issued without bond. A single act in violation of any of
the provisions of this subchapter is sufficient to authorize
the issuance of an injunction.
SECTION 31. 340.01 (6m) of the statutes is amended
to read:
340.01 (6m) “Camping trailer” means a vehicle with
a collapsible or folding structure designed for human
habitation and to provide temporary living quarters for
recreation, camping, or travel use and to be towed upon
a highway by a motor vehicle.
SECTION 32. 340.01 (18m) of the statutes is amended
to read:
340.01 (18m) “Fifth−wheel recreational vehicle”
means a recreational vehicle that is towed by a vehicle
with a flatbed frame so the trailer hitch of the recreational − 8 −2023 Wisconsin Act 164 2023 Assembly Bill 230
vehicle is bolted to the flatbed frame of the towing vehi-
cle that is mounted on wheels, that is of a size and weight
such that a special highway movement permit is not
required, and that is designed to be towed by a motor
vehicle utilizing a kingpin and 5th wheel coupling device
mounted above or forward of the rear axle of the tow
vehicle.
SECTION 33. 340.01 (48r) of the statutes is amended
to read:
340.01 (48r) “Recreational vehicle” means a vehicle
that is designed to be towed upon a highway by a motor
vehicle, that is equipped and used, or intended to be used,
primarily for temporary or recreational human habita-
tion, that has walls of rigid construction, and that does not
exceed 45 46 feet in length. “Recreational vehicle”
includes a camping trailer, 5th−wheel recreational vehi-
cle, park model recreational vehicle, as defined in s.
218.10 (7m), and travel trailer, as defined in s. 218.10
(8v).
SECTION 34. 341.25 (1) (i) of the statutes is amended
to read:
341.25 (1) (i) For each recreational vehicle, and for
each camping trailer, a fee of $15.
SECTION 35. 348.07 (2) (L) of the statutes is created
to read:
348.07 (2) (L) Forty−six feet for a towed recreational
vehicle.
SECTION 36. 348.08 (1) (i) of the statutes is amended
to read:
348.08 (1) (i) A 3−vehicle combination consisting of
a towing vehicle and, in order by weight, with the lighter
of the towed vehicles as the 3rd vehicle in the 3−vehicle
combination unless not structurally possible, a recre-
ational vehicle or camping trailer as the 2nd vehicle, and
a recreational vehicle, camping trailer, or trailer carrying
any vehicle for recreational use or carrying no load as the
3rd vehicle may, without a permit, be operated on a high-
way if the overall length of the combination of vehicles
does not exceed 65 feet and, if the total weight, including
any load, of all towed vehicles exceeds 3,000 pounds, one
of the towed vehicles is equipped with brakes. No
3−vehicle combination may operate under this paragraph
if highway or weather conditions include heavy snow,
freezing rain, icy roads, high winds, limited visibility, or
upon a highway that is closed or partially closed by the
department due to highway conditions.
SECTION 37. 348.08 (1) (j) of the statutes is amended
to read:
348.08 (1) (j) A 3−vehicle combination not exceed-
ing 70 feet in overall length may, without a permit, be
operated on a highway if the towing vehicle serving as the
power unit is equipped with a 5th wheel and kingpin con-
nection by which the 2nd vehicle in the 3−vehicle combi-
nation is drawn, the 2nd vehicle in the 3−vehicle combi-
nation is a recreational vehicle or camping trailer,
including any combination camping−horse trailer, the
3rd vehicle in the 3−vehicle combination is a recreational
vehicle or camping trailer or a trailer carrying any vehicle
for recreational use, carrying equestrian equipment and
equestrian supplies for recreational purposes, or carrying
no load, and, if the total weight, including any load, of all
towed vehicles exceeds 3,000 pounds, one of the towed
vehicles is equipped with brakes. No 3−vehicle combina-
tion may operate under this paragraph if highway or
weather conditions include heavy snow, freezing rain, icy
roads, high winds, limited visibility, or upon a highway
that is closed or partially closed by the department due to
highway conditions.
SECTION 38.0Effective date.
(1) This act takes effect on the first day of the 7th
month beginning after publication.