Amendment SSA1-SB225

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2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 225

January 9, 2024 - Offered by Senator Testin.

SB225-SSA1,1,9 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 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:

SB225-SSA1,1 Section 1. 218.10 (1b) of the statutes is created to read:

SB225-SSA1,2,5 218.10 (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.

SB225-SSA1,2 Section 2. 218.10 (1c) of the statutes is created to read:

SB225-SSA1,2,9 218.10 (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.

SB225-SSA1,3 Section 3. 218.10 (1d) of the statutes is created to read:

SB225-SSA1,2,13 218.10 (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.

SB225-SSA1,4 Section 4. 218.10 (1i) of the statutes is created to read:

SB225-SSA1,3,5 218.10 (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.

SB225-SSA1,5 Section 5. 218.10 (1n) of the statutes is created to read:

SB225-SSA1,3,9 218.10 (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.

SB225-SSA1,6 Section 6. 218.10 (1o) of the statutes is created to read:

SB225-SSA1,3,13 218.10 (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.

SB225-SSA1,7 Section 7. 218.10 (1p) of the statutes is created to read:

SB225-SSA1,3,16 218.10 (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.

SB225-SSA1,8 Section 8. 218.10 (1q) of the statutes is created to read:

SB225-SSA1,3,22 218.10 (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 of the rear axle of the tow vehicle.

SB225-SSA1,9 Section 9. 218.10 (1t) of the statutes is created to read:

SB225-SSA1,4,3 218.10 (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:

SB225-SSA1,4,5 (a) Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range.

SB225-SSA1,4,8 (b) Has lengths and interior floor plans that distinguish the series of recreational vehicle products from other series with substantially the same decor, features, equipment, weight, and price.

SB225-SSA1,4,11 (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.

SB225-SSA1,10 Section 10. 218.10 (2) of the statutes is created to read:

SB225-SSA1,4,14 218.10 (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.

SB225-SSA1,11 Section 11. 218.10 (7m) of the statutes is created to read:

SB225-SSA1,4,17 218.10 (7m) “Park model recreational vehicle” means a recreational vehicle that is all of the following:

SB225-SSA1,4,19 (a) Designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use.

SB225-SSA1,4,20 (b) Not permanently affixed to real property for use as a permanent dwelling.

SB225-SSA1,4,22 (c) Built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.

SB225-SSA1,4,24 (d) Certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard.

SB225-SSA1,12 Section 12. 218.10 (7w) of the statutes is created to read:

SB225-SSA1,5,2 218.10 (7w) “Proprietary part” means any part manufactured by or for and sold exclusively by the manufacturer.

SB225-SSA1,13 Section 13. 218.10 (8m) of the statutes is amended to read:

SB225-SSA1,5,9 218.10 (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, fifth-wheel recreational vehicle, park model recreational vehicle, and travel trailer.

SB225-SSA1,14 Section 14. 218.10 (8u) of the statutes is created to read:

SB225-SSA1,5,12 218.10 (8u) “Transient customer” means a customer who is temporarily traveling through a dealer's area of sales responsibility.

SB225-SSA1,15 Section 15. 218.10 (8v) of the statutes is created to read: