SB225,15,20 17(7) A warrantor shall disapprove warranty claims in writing within 45 days
18after the date of submission by the dealer in the manner and form prescribed by the
19warrantor. Claims not specifically disapproved in writing within 45 days shall be
20construed to be approved and must be paid within 60 days.
SB225,15,21 21(8) No warrantor may do any of the following:
SB225,15,2322 (a) Fail to perform any of its warranty obligations with respect to its warranted
23products.
SB225,16,524 (b) Fail to include, in written notices of factory campaigns to recreational
25vehicle owners and dealers, the expected date by which necessary parts and

1equipment, including tires and chassis or chassis parts, will be available to dealers
2to perform the factory campaign work. A warrantor may ship parts to the dealer to
3affect the factory campaign work, and, if parts provided are in excess of the dealer's
4requirements, the dealer may return unused parts to the warrantor for credit after
5completion of the campaign.
SB225,16,86 (c) Fail to compensate any of its dealers for authorized repairs effected by the
7dealer of merchandise damaged in manufacture or transit to the dealer if the carrier
8is designated by the warrantor, factory branch, distributor, or distributor branch.
SB225,16,119 (d) Fail to compensate any of its dealers for authorized warranty service in
10accordance with the time allowances set forth in the schedule of compensation under
11sub. (1) (c) if performed in a timely and competent manner.
SB225,16,1412 (e) Intentionally misrepresent in any way to purchasers of recreational
13vehicles that warranties with respect to the manufacture, performance, or design of
14the vehicle are made by the dealer as warrantor or co-warrantor.
SB225,16,1615 (f) Require the dealer to make warranties to customers in any manner related
16to the manufacture of the recreational vehicle.
SB225,16,17 17(9) No dealer may do any of the following:
SB225,16,1918 (a) Fail to perform predelivery inspection functions, as specified by the
19warrantor, in a competent and timely manner.
SB225,16,2320 (b) Fail to perform warranty service work authorized by the warrantor in a
21reasonably competent and timely manner on any transient customer's vehicle of the
22same line-make unless the dealer determines that the customer is acting in a
23manner detrimental to its business.
SB225,16,2524 (c) Fail to track actual time expended to perform warranty work not governed
25by time allowances in the schedule of compensation under sub. (1) (c).
SB225,17,1
1(d) Claim an agency relationship with the warrantor or manufacturer.
SB225,17,22 (e) Misrepresent the terms of any warranty.
SB225,17,4 3(10) Notwithstanding the terms of any dealer agreement, all of the following
4apply:
SB225,17,135 (a) A warrantor shall indemnify, defend, and hold harmless its dealer against
6any losses or damages to the extent such losses or damages are caused by the
7negligence or willful misconduct of the warrantor. A dealer may not be denied
8indemnification or a defense for failing to discover, disclose, or remedy a defect in the
9design or manufacturing of the recreational vehicle. A dealer shall provide to the
10warrantor a copy of any suit in which allegations are made under this section within
1110 days after receiving the suit. This paragraph shall continue to apply even after
12the recreational vehicle is titled. Indemnification shall include court costs,
13reasonable attorney fees, and expert witness fees incurred by the dealer.
SB225,17,2014 (b) A dealer shall indemnify, defend, and hold harmless its warrantor against
15any losses or damages to the extent such losses or damages are caused by the
16negligence or willful misconduct of the dealer. The warrantor shall provide to the
17dealer a copy of any suit in which allegations are made under this section within 10
18days after receiving the suit. This paragraph shall continue to apply even after the
19recreational vehicle is titled. Indemnification must include court costs, reasonable
20attorney fees, and expert witness fees incurred by the warrantor.
SB225,23 21Section 23. 218.165 of the statutes is created to read:
SB225,18,2 22218.165 Inspection of recreational vehicles. (1) Whenever a new
23recreational vehicle is damaged prior to transit to the dealer or is damaged in transit
24to the dealer when the carrier or means of transportation has been selected by the
25manufacturer or distributor, the dealer shall notify the manufacturer or distributor

1of the damage within the time frame specified in the dealer agreement and do any
2of the following:
SB225,18,43 (a) Request from the manufacturer or distributor authorization to replace the
4components, parts, and accessories damaged or otherwise correct the damage.
SB225,18,55 (b) Reject the vehicle within the time frame set forth in sub. (4).
SB225,18,9 6(2) If a manufacturer or distributor refuses or fails to authorize repair of
7damage described under sub. (1) within 10 days after receipt of notification under
8sub. (1) or if the dealer rejects the recreational vehicle because of damage, ownership
9of the new recreational vehicle reverts to the manufacturer or distributor.
SB225,18,12 10(3) A dealer shall exercise due care in custody of a damaged recreational
11vehicle, but the dealer shall have no other obligations, financial or otherwise, with
12respect to that recreational vehicle.
SB225,18,15 13(4) The time frame for inspection and rejection by the dealer shall be part of
14the dealer agreement and may not be less than 2 business days after the physical
15delivery of the recreational vehicle.
SB225,24 16Section 24. 218.166 of the statutes is created to read:
SB225,18,20 17218.166 Coercion. (1) In this section, “coerce” includes threatening to
18terminate, cancel, or not renew a dealer agreement without good cause or
19threatening to withhold product lines or delay product delivery as an inducement to
20amending the dealer agreement.
SB225,18,22 21(2) A manufacturer or distributor may not coerce or attempt to coerce a dealer
22to do any of the following:
SB225,18,2323 (a) Purchase a product that the dealer did not order.
SB225,18,2424 (b) Enter into an agreement with the manufacturer or distributor.
SB225,18,2525 (c) Take any action that is unfair or unreasonable to the dealer.
SB225,19,3
1(d) Enter into an agreement that requires the dealer to submit its disputes to
2binding arbitration or otherwise waive rights or responsibilities provided under this
3subchapter.
SB225,19,54 (e) Forego exercising a right authorized by a dealer agreement or any law
5governing the manufacturer-dealer relationship.
SB225,19,7 6(3) A dealer bears the burden of proof regarding the prohibited acts described
7in sub. (2).
SB225,25 8Section 25. 218.167 of the statutes is created to read:
SB225,19,16 9218.167 Dispute resolution. (1) A dealer, manufacturer, distributor, or
10warrantor injured by a violation of this subchapter by another dealer, manufacturer,
11distributor, or warrantor may bring a civil action in circuit court to recover actual
12damages. The court shall award attorney fees and costs to the prevailing party in
13an action under this section. Venue for any civil action authorized by this section
14shall be exclusively in the county in which the dealership is located. In an action
15involving more than one dealer, venue may be in any county in which a dealer who
16is party to the action is located.
SB225,19,19 17(2) (a) Before bringing suit under this section, the party bringing suit for an
18alleged violation shall serve a written demand for mediation upon the offending
19party. This paragraph does not apply to a proceeding for injunctive relief.
SB225,19,2520 (b) A demand for mediation under this subsection shall be served upon the
21offending party by certified mail at the address stated within the dealer agreement
22between the parties or, if the address is not contained in the agreement or the address
23is no longer valid, the address on the offending party's license filed with this state.
24In the event of a civil action between 2 dealers, the demand shall be mailed to the
25address on the dealer's license filed with this state.
SB225,20,2
1(c) A demand for mediation under this subsection shall contain a brief
2statement of the dispute and the relief sought by the party filing the demand.
SB225,20,83 (d) Within 20 days after the date a demand for mediation is served under par.
4(b), the parties shall mutually select an independent mediator and meet with the
5mediator for the purpose of attempting to resolve the dispute. The meeting place
6shall be in this state in a location selected by the mediator. The mediator may extend
7the date of the meeting for good cause shown by either party or upon stipulation of
8both parties.
SB225,20,189 (e) The service of a demand for mediation under this subsection stays the time
10for the filing of any complaint, petition, protest, or action under this subchapter until
11representatives of both parties have met with a mutually selected mediator for the
12purpose of attempting to resolve the dispute. If a complaint, petition, protest, or
13action is filed before that meeting, the court shall enter an order suspending the
14proceeding or action until the meeting has occurred and may, upon written
15stipulation of all parties to the proceeding or action that they wish to continue to
16mediate under this subsection, enter an order suspending the proceeding or action
17for as long a period as the court considers appropriate. A suspension order issued
18under this paragraph may be revoked by the court.
SB225,20,2019 (f) The parties to a mediation under this subsection shall bear their own costs
20for attorney fees and divide equally the cost of the mediator.
SB225,21,5 21(3) In addition to the remedies provided in this section, and notwithstanding
22the existence of any additional remedy at law, a dealer or manufacturer may apply
23to a circuit court for the grant, upon a hearing and for cause shown, of a temporary
24or permanent injunction, or both, restraining any person from acting as a dealer,
25manufacturer, or distributor without being properly licensed under this chapter,

1from violating or continuing to violate any of the provisions of this subchapter, or
2from failing or refusing to comply with the requirements of this subchapter. An
3injunction under this subsection shall be issued without bond. A single act in
4violation of any of the provisions of this subchapter is sufficient to authorize the
5issuance of an injunction.
SB225,26 6Section 26. 218.17 (1) of the statutes is created to read:
SB225,21,147 218.17 (1) The department may suspend or revoke any dealer, manufacturer,
8or distributor license upon a finding that any such party violated any provision of ss.
9218.161 to 218.167. The department may impose, levy, and collect by legal process
10fines, in an amount not to exceed $1,000 for each violation, against any person or
11entity if it finds that such person or entity has violated any provision of ss. 218.161
12to 218.167. A person against whom a fine is imposed under this section is entitled
13to an administrative hearing or other proceeding authorized under state law to
14contest the action or fine levied, or about to be levied, against the person or entity.
SB225,27 15Section 27. 340.01 (6m) of the statutes is amended to read:
SB225,21,1916 340.01 (6m) “Camping trailer" means a vehicle with a collapsible or folding
17structure designed for human habitation and to provide temporary living quarters
18for recreation, camping, or travel use and to be
towed upon a highway by a motor
19vehicle.
SB225,28 20Section 28. 340.01 (18m) of the statutes is amended to read:
SB225,22,221 340.01 (18m) “Fifth-wheel recreational vehicle" means a recreational vehicle
22that is towed by a vehicle with a flatbed frame so the trailer hitch of the recreational
23vehicle is bolted to the flatbed frame of the towing vehicle
mounted on wheels that
24is designed to provide temporary living quarters for recreational, camping, or travel
25use, that is of a size and weight that a special highway movement permit is not

1required, and that is designed to be towed by a motor vehicle that contains a towing
2mechanism that is mounted above or forward of the rear axle of the tow vehicle
.
SB225,29 3Section 29. 340.01 (48r) of the statutes is amended to read:
SB225,22,104 340.01 (48r) “Recreational vehicle" means a vehicle that is designed to be
5towed upon a highway by a motor vehicle, that is equipped and used, or intended to
6be used, primarily for temporary or recreational human habitation, that has walls
7of rigid construction,
and that does not exceed 45 feet in length. “ Recreational
8vehicle” includes a camping trailer, fifth-wheel recreational vehicle, park model
9recreational vehicle, as defined in s. 218.10 (7m), travel trailer, as defined in s. 218.10
10(8v), and truck camper, as defined in s. 218.10 (8w).
SB225,30 11Section 30. 341.25 (1) (i) of the statutes is amended to read:
SB225,22,1312 341.25 (1) (i) For each recreational vehicle, and for each camping trailer, a fee
13of $15.
SB225,31 14Section 31. 348.08 (1) (i) of the statutes is amended to read:
SB225,23,215 348.08 (1) (i) A 3-vehicle combination consisting of a towing vehicle and, in
16order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the
173-vehicle combination unless not structurally possible, a recreational vehicle or
18camping trailer
as the 2nd vehicle, and a recreational vehicle , camping trailer, or
19trailer carrying any vehicle for recreational use or carrying no load as the 3rd vehicle
20may, without a permit, be operated on a highway if the overall length of the
21combination of vehicles does not exceed 65 feet and, if the total weight, including any
22load, of all towed vehicles exceeds 3,000 pounds, one of the towed vehicles is equipped
23with brakes. No 3-vehicle combination may operate under this paragraph if
24highway or weather conditions include heavy snow, freezing rain, icy roads, high

1winds, limited visibility, or upon a highway that is closed or partially closed by the
2department due to highway conditions.
SB225,32 3Section 32. 348.08 (1) (j) of the statutes is amended to read:
SB225,23,174 348.08 (1) (j) A 3-vehicle combination not exceeding 70 feet in overall length
5may, without a permit, be operated on a highway if the towing vehicle serving as the
6power unit is equipped with a 5th wheel and kingpin connection by which the 2nd
7vehicle in the 3-vehicle combination is drawn, the 2nd vehicle in the 3-vehicle
8combination is a recreational vehicle or camping trailer, including any combination
9camping-horse trailer, the 3rd vehicle in the 3-vehicle combination is a recreational
10vehicle or camping trailer or a trailer carrying any vehicle for recreational use,
11carrying equestrian equipment and equestrian supplies for recreational purposes,
12or carrying no load, and, if the total weight, including any load, of all towed vehicles
13exceeds 3,000 pounds, one of the towed vehicles is equipped with brakes. No
143-vehicle combination may operate under this paragraph if highway or weather
15conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility,
16or upon a highway that is closed or partially closed by the department due to highway
17conditions.
SB225,23,1818 (End)
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