2023 - 2024 LEGISLATURE
April 20, 2023 - Introduced by Representatives Krug, Considine, Conley, Doyle,
Green, Joers, Schmidt and Subeck, cosponsored by Senators Testin,
Hesselbein, Feyen, Spreitzer and Wanggaard. Referred to Committee on
Consumer Protection.
AB230,1,8 1An Act to amend 218.10 (8m), 340.01 (6m), 340.01 (18m), 340.01 (48r), 341.25
2(1) (i), 348.08 (1) (i) and 348.08 (1) (j); and to create 218.10 (1b), 218.10 (1c),
3218.10 (1d), 218.10 (1i), 218.10 (1n), 218.10 (1o), 218.10 (1p), 218.10 (1q), 218.10
4(1t), 218.10 (2), 218.10 (7m), 218.10 (7w), 218.10 (8u), 218.10 (8v), 218.10 (8w),
5218.10 (10), 218.10 (11), 218.161, 218.162, 218.163, 218.164, 218.165, 218.166,
6218.167 and 218.17 (1) of the statutes; relating to: recreational vehicle
7manufacturers, distributors, and dealers, the definition of recreational
8vehicles, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides additional regulation of recreational vehicle (RV) dealers,
manufacturers, and distributors and expands the definition of recreational vehicle
for purposes of vehicle registration and equipment requirements.
Under current law, RV dealers must be licensed by the Department of
Transportation. An RV dealer license may be denied, suspended, or revoked for a
number of reasons, including failure to comply with licensing requirements,
committing certain types of fraud, or engaging in unconscionable business practices.
In addition, persons who violate the statutes governing RV dealer licensure may be
required to forfeit between $25 and $100 for a first offense and may be fined between
$25 and $100 for a second or subsequent offense within three years.

This bill provides additional regulation of RV dealers and regulates various
aspects of the relationship between RV dealers and RV manufacturers or
distributors. Specifically, among other things, the bill does all of the following:
1. Requires a dealer agreement between each RV dealer and the manufacturer
or distributor of the RVs the dealer sells. The bill further specifies certain contents
of the agreement, including an exclusive sales area for each RV dealer.
2. Prohibits RV manufacturers and distributors from terminating or failing to
renew a dealer agreement without good cause. The bill provides criteria that must
be considered when assessing whether good cause exists.
3. Requires an RV manufacturer or distributor to provide notice before
terminating or nonrenewing a dealer agreement and provides that a termination or
nonrenewal must be rescinded upon certain actions by an RV dealer.
4. Provides that an RV dealer may terminate or nonrenew an agreement with
an RV manufacturer upon 30 days' notice.
5. In certain cases, requires an RV manufacturer to repurchase certain
products provided to RV dealers, including new RVs, certain RV accessories, and
certain repair equipment, upon termination of a dealer agreement.
6. Requires an RV manufacturer or distributor to allow an RV dealer to
designate a family member as a successor to its dealer agreement.
7. Specifies obligations with regard to warranty repairs.
8. Provides that DOT may administratively fine any person who violates the
provisions of the bill up to $1,000 for each violation.
Current law defines “recreational vehicle” for purposes of vehicle registration,
vehicle equipment standards and certain other vehicle regulation. This bill modifies
and expands the definition of “recreational vehicle” for these purposes. Among the
changes, “recreational vehicle” is specifically expanded to include a camping trailer
and a “truck camper,” which is defined as “a portable unit that is constructed to
provide temporary living quarters for recreational, camping, or travel use and that
consists of a roof, floor, and sides and that is designed to be loaded onto and unloaded
from the back of a pickup truck.” The vehicles that satisfy the expanded definition
may not be operated on a highway unless registered with DOT and must meet certain
equipment requirements, including requirements related to brakes, safety glass,
and coupling.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
AB230,1 1Section 1. 218.10 (1b) of the statutes is created to read:
AB230,3,4
1218.10 (1b) “Area of sales responsibility” means the geographical area agreed
2to by the dealer and the manufacturer or distributor in a dealer agreement within
3which the dealer has the exclusive right to display or sell the manufacturer's new
4recreational vehicles of a particular line-make.
AB230,2 5Section 2. 218.10 (1c) of the statutes is created to read:
AB230,3,86 218.10 (1c) “Camping trailer” means a vehicle with a collapsible or folding
7structure designed to provide temporary living quarters for recreational, camping,
8or travel use and to be towed upon a highway by a motor vehicle.
AB230,3 9Section 3. 218.10 (1d) of the statutes is created to read:
AB230,3,1210 218.10 (1d) “Component manufacturer” means a person, firm, corporation, or
11business entity that engages in the manufacturing of components, accessories, or
12parts used in manufacturing recreational vehicles.
AB230,4 13Section 4. 218.10 (1i) of the statutes is created to read:
AB230,3,1714 218.10 (1i) “Dealer agreement” means a written agreement or contract entered
15into by a dealer and a manufacturer or distributor that fixes the rights and
16responsibilities of the parties and pursuant to which the dealer sells new
17recreational vehicles.
AB230,5 18Section 5. 218.10 (1n) of the statutes is created to read:
AB230,3,2019 218.10 (1n) “Distributor” means a person, firm, corporation, or business entity
20that purchases new recreational vehicles for resale to dealers.
AB230,6 21Section 6. 218.10 (1o) of the statutes is created to read:
AB230,3,2422 218.10 (1o) “Factory campaign” means an effort on the part of a warrantor to
23contact recreational vehicle owners or dealers in order to address a part or equipment
24issue.
AB230,7 25Section 7. 218.10 (1p) of the statutes is created to read:
AB230,4,2
1218.10 (1p) “Family member” means an individual's spouse or an individual's
2child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these.
AB230,8 3Section 8. 218.10 (1q) of the statutes is created to read:
AB230,4,94 218.10 (1q) “Fifth-wheel travel trailer" means a vehicle mounted on wheels
5that is designed to provide temporary living quarters for recreational, camping, or
6travel use, that is of a size and weight that a special highway movement permit is
7not required, and that is designed to be towed by a motor vehicle that contains a
8towing mechanism that is mounted above or forward of the rear axle of the tow
9vehicle.
AB230,9 10Section 9. 218.10 (1t) of the statutes is created to read:
AB230,4,1311 218.10 (1t) “Line-make” means a specific series of recreational vehicle
12products, the sale of which may be authorized by a dealer agreement, that satisfies
13all of the following:
AB230,4,1514 (a) Is targeted to a particular market segment, as determined by the decor,
15features, equipment, size, weight, and price range.
AB230,4,1816 (b) Has lengths and interior floor plans that distinguish the series of
17recreational vehicle products from other series with substantially the same decor,
18features, equipment, weight, and price.
AB230,4,2119 (c) Belongs to a single, distinct classification of recreational vehicle product
20type having a substantial degree of commonality in the construction of the chassis,
21frame, and body.
AB230,10 22Section 10. 218.10 (2) of the statutes is created to read:
AB230,4,2423 218.10 (2) “Model” is a series of recreational vehicle products identified by a
24common series trade name or trademark that is a subset of a line-make.
AB230,11 25Section 11. 218.10 (7m) of the statutes is created to read:
AB230,5,2
1218.10 (7m) “Park model recreational vehicle” means a recreational vehicle
2that is all of the following:
AB230,5,43 (a) Designed and marketed as temporary living quarters for recreational,
4camping, travel, or seasonal use.
AB230,5,55 (b) Not permanently affixed to real property for use as a permanent dwelling.
AB230,5,76 (c) Built on a single chassis mounted on wheels with a gross trailer area not
7exceeding 400 square feet in the setup mode.
AB230,5,98 (d) Certified by the manufacturer as complying with the ANSI A119.5 Park
9Model Recreational Vehicle Standard.
AB230,12 10Section 12. 218.10 (7w) of the statutes is created to read:
AB230,5,1211 218.10 (7w) “Proprietary part” means any part manufactured by or for and sold
12exclusively by the manufacturer.
AB230,13 13Section 13. 218.10 (8m) of the statutes is amended to read:
AB230,5,1914 218.10 (8m) “Recreational vehicle" has the meaning given in s. 340.01 (48r)
15means a vehicle that is designed to be towed upon a highway by a motor vehicle, that
16is equipped and used, or intended to be used, primarily for temporary or recreational
17human habitation, and that does not exceed 45 feet in length. “Recreational vehicle”
18includes a camping trailer, fifth-wheel travel trailer, park model recreational
19vehicle, travel trailer, and truck camper
.
AB230,14 20Section 14. 218.10 (8u) of the statutes is created to read:
AB230,5,2221 218.10 (8u) “Transient customer” means a customer who is temporarily
22traveling through a dealer's area of sales responsibility.
AB230,15 23Section 15. 218.10 (8v) of the statutes is created to read:
AB230,6,224 218.10 (8v) “Travel trailer” means a vehicle that is mounted on wheels, that
25is designed to provide temporary living quarters for recreational, camping, or travel

1use, and that is of a size or weight that a special highway movement permit is not
2required when towed by a motor vehicle.
AB230,16 3Section 16. 218.10 (8w) of the statutes is created to read:
AB230,6,74 218.10 (8w) “Truck camper" means a portable unit that is constructed to
5provide temporary living quarters for recreational, camping, or travel use and that
6consists of a roof, floor, and sides and that is designed to be loaded onto and unloaded
7from the back of a pickup truck.
AB230,17 8Section 17. 218.10 (10) of the statutes is created to read:
AB230,6,119 218.10 (10) “Warrantor” means a person, firm, corporation, or business entity
10that gives a warranty in connection with a new recreational vehicle or parts,
11accessories, or components of a new recreational vehicle.
AB230,18 12Section 18. 218.10 (11) of the statutes is created to read:
AB230,6,1513 218.10 (11) “Warranty” does not include service contracts, mechanical or other
14insurance, or extended warranties sold for separate consideration by a dealer or
15other person not controlled by a manufacturer.
AB230,19 16Section 19. 218.161 of the statutes is created to read:
AB230,6,20 17218.161 Dealer agreement requirement. (1) A manufacturer or
18distributor may not sell a new recreational vehicle in this state to or through a dealer
19without having first entered into a written dealer agreement with a dealer that has
20been signed by both parties.
AB230,6,25 21(2) The manufacturer shall designate the area of sales responsibility
22exclusively assigned to a dealer in the dealer agreement and may not change the area
23of sales responsibility or contract with another dealer for sale of the same model or
24line-make, as specified in the agreement, in the designated area of sales
25responsibility during the duration of the agreement.
AB230,7,4
1(3) The terms of the dealer agreement, including the area of sales
2responsibility, may not be reviewed or changed during the duration of the dealer
3agreement without the written mutual consent of the parties. The duration of the
4dealer agreement shall be stated in the dealer agreement.
AB230,7,8 5(4) A dealer may not sell a new recreational vehicle in this state without having
6first entered into a dealer agreement with a manufacturer or distributor and may not
7sell outside the area of sales responsibility designated in the agreement under sub.
8(2).
AB230,7,11 9(5) A manufacturer may not unilaterally issue a policy or procedure that
10violates or substantially alters a provision of the dealer agreement during the
11duration of the agreement.
AB230,7,14 12(6) A manufacturer shall distribute new recreational vehicles to its dealers in
13a fair and equitable manner. If requested, a manufacturer shall provide information
14on its manner of distribution.
AB230,7,16 15(7) A manufacturer shall provide its dealer with adequate technical data to
16perform proper service and repairs.
AB230,20 17Section 20. 218.162 of the statutes is created to read:
AB230,7,23 18218.162 Termination of dealer agreement. (1) (a) A manufacturer or
19distributor, directly or through any officer, agent, or employee, may terminate,
20cancel, or fail to renew a model, line-make, or entire dealer agreement only with good
21cause, and, upon renewal, may not require additional inventory stocking
22requirements or increased retail sales targets in excess of the market growth in the
23dealer's area of sales responsibility.
AB230,8,224 (b) A manufacturer or distributor has the burden of showing good cause for
25terminating, canceling, or failing to renew a model, line-make, or dealer agreement

1with a dealer. For purposes of determining whether there is good cause for the
2proposed action, any of the following factors may be considered:
AB230,8,43 1. The extent of the affected dealer's penetration in the relevant market area
4for the relevant model or line-make.
AB230,8,55 2. The nature and extent of the dealer's investment in its business.
AB230,8,76 3. The adequacy of the dealer's service facilities, equipment, parts, supplies,
7and personnel.
AB230,8,88 4. The effect of the proposed action on the community.
AB230,8,109 5. The extent and quality of the dealer's service under recreational vehicle
10warranties.
AB230,8,1311 6. The failure to follow agreed-upon, reasonable procedures or standards
12related to the overall operation of the dealership consistent with the law and the
13dealer agreement.
AB230,8,1414 7. The dealer's performance under the terms of its dealer agreement.
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