LRB-2265/1
EVM:skw
2021 - 2022 LEGISLATURE
July 12, 2021 - Introduced by Representatives Neylon, Duchow, Andraca,
Cabral-Guevara, Haywood, J. Rodriguez and Schraa, cosponsored by
Senators Kooyenga, Bernier and Roys. Referred to Committee on
Transportation.
AB439,1,4 1An Act to amend 218.0116 (1) (n); and to create 218.0101 (9m), 218.0116 (1) (w)
23. and 218.0121 (3m) (e) of the statutes; relating to: ownership, control, or
3operation of a motor vehicle dealership and performance of motor vehicle
4warranty service.
Analysis by the Legislative Reference Bureau
Under current law, a motor vehicle dealer must be licensed by the Department
of Transportation. Also under current law, a manufacturer of motor vehicles may not
operate or control a motor vehicle dealership. Under this bill, a manufacturer of
electric motor vehicles may engage in the business of a motor vehicle dealer with
regard to the electric motor vehicles it manufactures.
Also under current law, with several exceptions, a manufacturer, importer, or
distributor may not perform warranty service or delivery and preparation work on
a motor vehicle that it does not own or authorize or permit a person to perform
warranty service or delivery and preparation work on a motor vehicle unless the
person is a motor vehicle dealer with whom the manufacturer, importer, or
distributor has entered into a franchise agreement for the sale and service of the
manufacturer's, importer's, or distributor's motor vehicles. Under the bill, this
prohibition does not apply to a manufacturer of electric motor vehicles with regard
to the electric motor vehicles it manufactures.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB439,1 1Section 1. 218.0101 (9m) of the statutes is created to read:
AB439,2,32 218.0101 (9m) “Electric vehicle” means a motor vehicle that is propelled solely
3by electric power.
AB439,2 4Section 2. 218.0116 (1) (n) of the statutes is amended to read:
AB439,2,65 218.0116 (1) (n) The selling of new motor vehicles for which the dealer is not
6franchised or otherwise authorized to sell.
AB439,3 7Section 3 . 218.0116 (1) (w) 3. of the statutes is created to read:
AB439,2,98 218.0116 (1) (w) 3. Subdivision 1. does not apply to a manufacturer of electric
9vehicles with regard to the manufacturer's electric vehicles.
AB439,4 10Section 4. 218.0121 (3m) (e) of the statutes is created to read:
AB439,2,1311 218.0121 (3m) (e) The ownership, operation, or control by a manufacturer of
12electric vehicles of a dealership that deals solely in the manufacturer's electric
13vehicles.
AB439,2,1414 (End)
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