Wisconsin AB 230: Relating to: recreational vehicle manufacturers, distributors, and dealers, the definition of recreational vehicles, and providing a penalty. (FE)

Bill Text

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2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 230
January 10, 2024 - Offered by Representative KRUG.
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.
Analysis by the Legislative Reference Bureau
This substitute amendment makes the following changes to the bill:
1. Requires recreational vehicle (RV) manufacturers and distributors to be
licensed by the department of transportation.
2. Removes the administrative fine procedure created in the bill and provides
instead that the license suspension and revocation procedures that apply to motor
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vehicle dealers, manufacturers, and distributors apply to RV dealers,
manufacturers, and distributors.
3. Requires recreational vehicle dealers to maintain a bond of not less than
$50,000 executed in the name of DOT.
4. Creates a definition of RV “distributor” such that the term means “a resident
or nonresident who, in whole or in part, sells or distributes new recreational vehicles
to recreational vehicle dealers or who maintains distributor representatives.”
5. Creates a new, and changes an existing, definition of “fifth-wheel
recreational vehicle” such that the term 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 king pin and fifth wheel coupling device mounted above or forward of the
rear axle of the tow vehicle.”
6. Creates an exception to length limits for vehicles operated on a highway.
Under current law, most vehicles may not be operated on a highway if they exceed
45 feet in length. Under the substitute amendment, towed recreational vehicles may
be operated on a highway so long as they do not exceed 46 feet in length.
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 manufacturer 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.
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SECTION 4
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 manufacturer or distributor that fixes the rights and
responsibilities 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 nonresident 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:
218.10 (1p) “Family member” means an individual's spouse or an individual's
child, grandchild, parent, sibling, 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 king pin and fifth wheel coupling device mounted above or forward