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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 1An Act to amend 218.10 (8m), 218.11 (title), 218.15, 340.01 (6m), 340.01 (18m),
2340.01 (48r), 341.25 (1) (i), 348.08 (1) (i) and 348.08 (1) (j); to repeal and
3recreate
218.11 (7) (b); and to create 218.10 (1b), 218.10 (1c), 218.10 (1d),
4218.10 (1i), 218.10 (1n), 218.10 (1o), 218.10 (1p), 218.10 (1q), 218.10 (1t), 218.10
5(2), 218.10 (7m), 218.10 (7w), 218.10 (8u), 218.10 (8v), 218.10 (10), 218.10 (11),
6218.11 (2) (e), 218.11 (4), 218.11 (6) (o), 218.161, 218.162, 218.163, 218.164,
7218.165, 218.166, 218.167 and 348.07 (2) (L) of the statutes; relating to:
8recreational vehicle manufacturers, distributors, and dealers and the
9definition 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 1Section 1. 218.10 (1b) of the statutes is created to read:
SB225-SSA1,2,52 218.10 (1b) “Area of sales responsibility” means the geographical area agreed
3to by the dealer and the manufacturer or distributor in a dealer agreement within
4which the dealer has the exclusive right to display or sell the manufacturer's new
5recreational vehicles of a particular line-make.
SB225-SSA1,2 6Section 2. 218.10 (1c) of the statutes is created to read:
SB225-SSA1,2,97 218.10 (1c) “Camping trailer” means a vehicle with a collapsible or folding
8structure designed to provide temporary living quarters for recreational, camping,
9or travel use and to be towed upon a highway by a motor vehicle.
SB225-SSA1,3 10Section 3. 218.10 (1d) of the statutes is created to read:
SB225-SSA1,2,1311 218.10 (1d) “Component manufacturer” means a person, firm, corporation, or
12business entity that engages in the manufacturing of components, accessories, or
13parts used in manufacturing recreational vehicles.
SB225-SSA1,4
1Section 4. 218.10 (1i) of the statutes is created to read:
SB225-SSA1,3,52 218.10 (1i) “Dealer agreement” means a written agreement or contract entered
3into by a dealer and a manufacturer or distributor that fixes the rights and
4responsibilities of the parties and pursuant to which the dealer sells new
5recreational vehicles.
SB225-SSA1,5 6Section 5. 218.10 (1n) of the statutes is created to read:
SB225-SSA1,3,97 218.10 (1n) “Distributor” means a resident or nonresident who, in whole or in
8part, sells or distributes new recreational vehicles to recreational vehicle dealers or
9who maintains distributor representatives.
SB225-SSA1,6 10Section 6. 218.10 (1o) of the statutes is created to read:
SB225-SSA1,3,1311 218.10 (1o) “Factory campaign” means an effort on the part of a warrantor to
12contact recreational vehicle owners or dealers in order to address a part or equipment
13issue.
SB225-SSA1,7 14Section 7. 218.10 (1p) of the statutes is created to read:
SB225-SSA1,3,1615 218.10 (1p) “Family member” means an individual's spouse or an individual's
16child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these.
SB225-SSA1,8 17Section 8. 218.10 (1q) of the statutes is created to read:
SB225-SSA1,3,2218 218.10 (1q) “Fifth-wheel recreational vehicle" means a recreational vehicle
19that is mounted on wheels, that is of a size and weight such that a special highway
20movement permit is not required, and that is designed to be towed by a motor vehicle
21utilizing a king pin and fifth wheel coupling device mounted above or forward of the
22rear axle of the tow vehicle.
SB225-SSA1,9 23Section 9. 218.10 (1t) of the statutes is created to read:
SB225-SSA1,4,3
1218.10 (1t) “Line-make” means a specific series of recreational vehicle
2products, the sale of which may be authorized by a dealer agreement, that satisfies
3all of the following:
SB225-SSA1,4,54 (a) Is targeted to a particular market segment, as determined by the decor,
5features, equipment, size, weight, and price range.
SB225-SSA1,4,86 (b) Has lengths and interior floor plans that distinguish the series of
7recreational vehicle products from other series with substantially the same decor,
8features, equipment, weight, and price.
SB225-SSA1,4,119 (c) Belongs to a single, distinct classification of recreational vehicle product
10type having a substantial degree of commonality in the construction of the chassis,
11frame, and body.
SB225-SSA1,10 12Section 10. 218.10 (2) of the statutes is created to read:
SB225-SSA1,4,1413 218.10 (2) “Model” is a series of recreational vehicle products identified by a
14common series trade name or trademark that is a subset of a line-make.
SB225-SSA1,11 15Section 11. 218.10 (7m) of the statutes is created to read:
SB225-SSA1,4,1716 218.10 (7m) “Park model recreational vehicle” means a recreational vehicle
17that is all of the following:
SB225-SSA1,4,1918 (a) Designed and marketed as temporary living quarters for recreational,
19camping, travel, or seasonal use.
SB225-SSA1,4,2020 (b) Not permanently affixed to real property for use as a permanent dwelling.
SB225-SSA1,4,2221 (c) Built on a single chassis mounted on wheels with a gross trailer area not
22exceeding 400 square feet in the setup mode.
SB225-SSA1,4,2423 (d) Certified by the manufacturer as complying with the ANSI A119.5 Park
24Model Recreational Vehicle Standard.
SB225-SSA1,12 25Section 12. 218.10 (7w) of the statutes is created to read:
SB225-SSA1,5,2
1218.10 (7w) “Proprietary part” means any part manufactured by or for and sold
2exclusively by the manufacturer.
SB225-SSA1,13 3Section 13. 218.10 (8m) of the statutes is amended to read:
SB225-SSA1,5,94 218.10 (8m) “Recreational vehicle" has the meaning given in s. 340.01 (48r)
5means a vehicle that is designed to be towed upon a highway by a motor vehicle, that
6is equipped and used, or intended to be used, primarily for temporary or recreational
7human habitation, and that does not exceed 46 feet in length. “Recreational vehicle”
8includes a camping trailer, fifth-wheel recreational vehicle, park model recreational
9vehicle, and travel trailer
.
SB225-SSA1,14 10Section 14. 218.10 (8u) of the statutes is created to read:
SB225-SSA1,5,1211 218.10 (8u) “Transient customer” means a customer who is temporarily
12traveling through a dealer's area of sales responsibility.
SB225-SSA1,15 13Section 15. 218.10 (8v) of the statutes is created to read:
SB225-SSA1,5,1714 218.10 (8v) “Travel trailer” means a vehicle that is mounted on wheels, that
15is designed to provide temporary living quarters for recreational, camping, or travel
16use, and that is of a size or weight that a special highway movement permit is not
17required when towed by a motor vehicle.
SB225-SSA1,16 18Section 16. 218.10 (10) of the statutes is created to read:
SB225-SSA1,5,2119 218.10 (10) “Warrantor” means a person, firm, corporation, or business entity
20that gives a warranty in connection with a new recreational vehicle or parts,
21accessories, or components of a new recreational vehicle.
SB225-SSA1,17 22Section 17. 218.10 (11) of the statutes is created to read:
SB225-SSA1,5,2523 218.10 (11) “Warranty” does not include service contracts, mechanical or other
24insurance, or extended warranties sold for separate consideration by a dealer or
25other person not controlled by a manufacturer.
SB225-SSA1,18
1Section 18. 218.11 (title) of the statutes is amended to read:
SB225-SSA1,6,3 2218.11 (title) Recreational vehicle dealers, manufacturers, and
3distributors
regulated.
SB225-SSA1,19 4Section 19. 218.11 (2) (e) of the statutes is created to read:
SB225-SSA1,6,105 218.11 (2) (e) A recreational vehicle dealer or an applicant for a recreational
6vehicle dealer license shall provide and maintain in force a bond or irrevocable letter
7of credit of not less than $50,000. The bond or letter of credit shall be executed in the
8name of the department of transportation for the benefit of any person who sustains
9a loss because of an act of a recreational vehicle dealer that constitutes grounds for
10the suspension or revocation of a license under sub. (6).
SB225-SSA1,20 11Section 20. 218.11 (4) of the statutes is created to read:
SB225-SSA1,6,1312 218.11 (4) (a) No manufacturer or distributor may engage in business as a
13manufacturer or distributor in this state without a license.
SB225-SSA1,6,2014 (b) No manufacturers' or distributors' recreational vehicles may be sold in this
15state unless either the manufacturer on direct dealerships of domestic vehicles or the
16distributor on indirect dealerships of either domestic or foreign vehicles are licensed
17under par. (a). The obtaining of a license under par. (a) shall conclusively establish
18that a manufacturer or distributor is doing business in this state and shall subject
19the licensee to all provisions of the Wisconsin statutes regulating manufacturers and
20distributors.
SB225-SSA1,21 21Section 21. 218.11 (6) (o) of the statutes is created to read:
SB225-SSA1,6,2322 218.11 (6) (o) Being a dealer, manufacturer, or distributor that violates any
23provision of s. 218.161 to 218.167.
SB225-SSA1,22 24Section 22. 218.11 (7) (b) of the statutes is repealed and recreated to read:
SB225-SSA1,7,6
1218.11 (7) (b) The provisions of s. 218.0116 (4) relating to the suspension and
2revocation of a license applies to the suspension and revocation of the license of a
3recreational vehicle dealer, manufacturer, or distributor, except that the provisions
4s. 218.0116 (4) do not apply to the suspension or revocation of a license under sub.
5(6m) and that no suspension or revocation under this paragraph may be predicated
6on conduct related to mileage disclosure.
SB225-SSA1,23 7Section 23. 218.15 of the statutes is amended to read:
SB225-SSA1,7,11 8218.15 Sale or lease of used recreational vehicles. In the sale or lease of
9any used recreational vehicle, the sales invoice or lease agreement shall contain the
10point of manufacture of the used recreational vehicle, and the name of the
11manufacturer and the name and address of the previous owner.
SB225-SSA1,24 12Section 24. 218.161 of the statutes is created to read:
SB225-SSA1,7,16 13218.161 Dealer agreement requirement. (1) A manufacturer or
14distributor may not sell a new recreational vehicle in this state to or through a dealer
15without having first entered into a written dealer agreement with a dealer that has
16been signed by both parties.
SB225-SSA1,7,21 17(2) The manufacturer shall designate the area of sales responsibility
18exclusively assigned to a dealer in the dealer agreement and may not change the area
19of sales responsibility or contract with another dealer for sale of the same model or
20line-make, as specified in the agreement, in the designated area of sales
21responsibility during the duration of the agreement.
SB225-SSA1,7,25 22(3) The terms of the dealer agreement, including the area of sales
23responsibility, may not be reviewed or changed during the duration of the dealer
24agreement without the written mutual consent of the parties. The duration of the
25dealer agreement shall be stated in the dealer agreement.
SB225-SSA1,8,4
1(4) A dealer may not sell a new recreational vehicle in this state without having
2first entered into a dealer agreement with a manufacturer or distributor and may not
3sell outside the area of sales responsibility designated in the agreement under sub.
4(2).
SB225-SSA1,8,7 5(5) A manufacturer may not unilaterally issue a policy or procedure that
6violates or substantially alters a provision of the dealer agreement during the
7duration of the agreement.
SB225-SSA1,8,10 8(6) A manufacturer shall distribute new recreational vehicles to its dealers in
9a fair and equitable manner. If requested, a manufacturer shall provide information
10on its manner of distribution.
SB225-SSA1,8,12 11(7) A manufacturer shall provide its dealer with adequate technical data to
12perform proper service and repairs.
SB225-SSA1,25 13Section 25. 218.162 of the statutes is created to read:
SB225-SSA1,8,19 14218.162 Termination of dealer agreement. (1) (a) A manufacturer or
15distributor, directly or through any officer, agent, or employee, may terminate,
16cancel, or fail to renew a model, line-make, or entire dealer agreement only with good
17cause, and, upon renewal, may not require additional inventory stocking
18requirements or increased retail sales targets in excess of the market growth in the
19dealer's area of sales responsibility.
SB225-SSA1,8,2320 (b) A manufacturer or distributor has the burden of showing good cause for
21terminating, canceling, or failing to renew a model, line-make, or dealer agreement
22with a dealer. For purposes of determining whether there is good cause for the
23proposed action, any of the following factors may be considered:
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