Amendment SSA1-SB225

SB225-SSA1,17,16 (a) Fail to perform predelivery inspection functions, as specified by the warrantor, in a competent and timely manner.

SB225-SSA1,17,20 (b) Fail to perform warranty service work authorized by the warrantor in a reasonably competent and timely manner on any transient customer's vehicle of the same line-make unless the dealer determines that the customer is acting in a manner detrimental to its business.

SB225-SSA1,17,22 (c) Fail to track actual time expended to perform warranty work not governed by time allowances in the schedule of compensation under sub. (1) (c).

SB225-SSA1,17,23 (d) Claim an agency relationship with the warrantor or manufacturer.

SB225-SSA1,17,24 (e) Misrepresent the terms of any warranty.

SB225-SSA1,18,2 (10) Notwithstanding the terms of any dealer agreement, all of the following apply:

SB225-SSA1,18,11 (a) A warrantor shall indemnify, defend, and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. A dealer may not be denied indemnification or a defense for failing to discover, disclose, or remedy a defect in the design or manufacturing of the recreational vehicle. A dealer shall provide to the warrantor a copy of any suit in which allegations are made under this section within 10 days after receiving the suit. This paragraph shall continue to apply even after the recreational vehicle is titled. Indemnification shall include court costs, reasonable attorney fees, and expert witness fees incurred by the dealer.

SB225-SSA1,18,18 (b) A dealer shall indemnify, defend, and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any suit in which allegations are made under this section within 10 days after receiving the suit. This paragraph shall continue to apply even after the recreational vehicle is titled. Indemnification must include court costs, reasonable attorney fees, and expert witness fees incurred by the warrantor.

SB225-SSA1,28 Section 28. 218.165 of the statutes is created to read:

SB225-SSA1,18,25 218.165 Inspection of recreational vehicles. (1) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the dealer agreement and do any of the following:

SB225-SSA1,19,2 (a) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage.

SB225-SSA1,19,3 (b) Reject the vehicle within the time frame set forth in sub. (4).

SB225-SSA1,19,7 (2) If a manufacturer or distributor refuses or fails to authorize repair of damage described under sub. (1) within 10 days after receipt of notification under sub. (1) or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle reverts to the manufacturer or distributor.

SB225-SSA1,19,10 (3) A dealer shall exercise due care in custody of a damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.

SB225-SSA1,19,13 (4) The time frame for inspection and rejection by the dealer shall be part of the dealer agreement and may not be less than 2 business days after the physical delivery of the recreational vehicle.

SB225-SSA1,29 Section 29. 218.166 of the statutes is created to read:

SB225-SSA1,19,18 218.166 Coercion. (1) In this section, “coerce” includes threatening to terminate, cancel, or not renew a dealer agreement without good cause or threatening to withhold product lines or delay product delivery as an inducement to amending the dealer agreement.

SB225-SSA1,19,20 (2) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following:

SB225-SSA1,19,21 (a) Purchase a product that the dealer did not order.

SB225-SSA1,19,22 (b) Enter into an agreement with the manufacturer or distributor.

SB225-SSA1,19,23 (c) Take any action that is unfair or unreasonable to the dealer.

SB225-SSA1,20,3 (d) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this subchapter.

SB225-SSA1,20,5 (e) Forego exercising a right authorized by a dealer agreement or any law governing the manufacturer-dealer relationship.

SB225-SSA1,20,7 (3) A dealer bears the burden of proof regarding the prohibited acts described in sub. (2).

SB225-SSA1,30 Section 30. 218.167 of the statutes is created to read:

SB225-SSA1,20,16 218.167 Dispute resolution. (1) A dealer, manufacturer, distributor, or warrantor injured by a violation of this subchapter by another dealer, manufacturer, distributor, or warrantor may bring a civil action in circuit court to recover actual damages. The court shall award attorney fees and costs to the prevailing party in an action under this section. Venue for any civil action authorized by this section shall be exclusively in the county in which the dealership is located. In an action involving more than one dealer, venue may be in any county in which a dealer who is party to the action is located.

SB225-SSA1,20,19 (2) (a) Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party. This paragraph does not apply to a proceeding for injunctive relief.

SB225-SSA1,20,25 (b) A demand for mediation under this subsection shall be served upon the offending party by certified mail at the address stated within the dealer agreement between the parties or, if the address is not contained in the agreement or the address is no longer valid, the address on the offending party's license filed with this state. In the event of a civil action between 2 dealers, the demand shall be mailed to the address on the dealer's license filed with this state.

SB225-SSA1,21,2 (c) A demand for mediation under this subsection shall contain a brief statement of the dispute and the relief sought by the party filing the demand.

SB225-SSA1,21,8 (d) Within 20 days after the date a demand for mediation is served under par. (b), the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place shall be in this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.

SB225-SSA1,21,18 (e) The service of a demand for mediation under this subsection stays the time for the filing of any complaint, petition, protest, or action under this subchapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or action is filed before that meeting, the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection, enter an order suspending the proceeding or action for as long a period as the court considers appropriate. A suspension order issued under this paragraph may be revoked by the court.

SB225-SSA1,21,20 (f) The parties to a mediation under this subsection shall bear their own costs for attorney fees and divide equally the cost of the mediator.

SB225-SSA1,22,5 (3) In addition to the remedies provided in this section, and notwithstanding the existence of any additional remedy at law, a dealer or manufacturer may apply to a circuit court for the grant, upon a hearing and for cause shown, of a temporary or permanent injunction, or both, restraining any person from acting as a dealer, manufacturer, or distributor without being properly licensed under this chapter, from violating or continuing to violate any of the provisions of this subchapter, or from failing or refusing to comply with the requirements of this subchapter. An injunction under this subsection shall be issued without bond. A single act in violation of any of the provisions of this subchapter is sufficient to authorize the issuance of an injunction.

SB225-SSA1,31 Section 31. 340.01 (6m) of the statutes is amended to read:

SB225-SSA1,22,10 340.01 (6m) “Camping trailer" means a vehicle with a collapsible or folding structure designed for human habitation and to provide temporary living quarters for recreation, camping, or travel use and to be towed upon a highway by a motor vehicle.

SB225-SSA1,32 Section 32. 340.01 (18m) of the statutes is amended to read:

SB225-SSA1,22,18 340.01 (18m) “Fifth-wheel recreational vehicle" means a recreational vehicle that is towed by a vehicle with a flatbed frame so the trailer hitch of the recreational vehicle is bolted to the flatbed frame of the towing 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-SSA1,33 Section 33. 340.01 (48r) of the statutes is amended to read:

SB225-SSA1,23,2 340.01 (48r) “Recreational vehicle" 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, that has walls of rigid construction, and that does not exceed 45 46 feet in length. “Recreational vehicle” includes a camping trailer, fifth-wheel recreational vehicle, park model recreational vehicle, as defined in s. 218.10 (7m), and travel trailer, as defined in s. 218.10 (8v).

SB225-SSA1,34 Section 34. 341.25 (1) (i) of the statutes is amended to read:

SB225-SSA1,23,5 341.25 (1) (i) For each recreational vehicle, and for each camping trailer, a fee of $15.

SB225-SSA1,35 Section 35. 348.07 (2) (L) of the statutes is created to read:

SB225-SSA1,23,7 348.07 (2) (L) Forty-six feet for a towed recreational vehicle.

SB225-SSA1,36 Section 36. 348.08 (1) (i) of the statutes is amended to read:

SB225-SSA1,23,20 348.08 (1) (i) A 3-vehicle combination consisting of a towing vehicle and, in order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the 3-vehicle combination unless not structurally possible, a recreational vehicle or camping trailer as the 2nd vehicle, and a recreational vehicle , camping trailer, or trailer carrying any vehicle for recreational use or carrying no load as the 3rd vehicle may, without a permit, be operated on a highway if the overall length of the combination of vehicles does not exceed 65 feet and, if the total weight, including any load, of all towed vehicles exceeds 3,000 pounds, one of the towed vehicles is equipped with brakes. No 3-vehicle combination may operate under this paragraph if highway or weather conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility, or upon a highway that is closed or partially closed by the department due to highway conditions.

SB225-SSA1,37 Section 37. 348.08 (1) (j) of the statutes is amended to read:

SB225-SSA1,24,10 348.08 (1) (j) A 3-vehicle combination not exceeding 70 feet in overall length may, without a permit, be operated on a highway if the towing vehicle serving as the power unit is equipped with a 5th wheel and kingpin connection by which the 2nd vehicle in the 3-vehicle combination is drawn, the 2nd vehicle in the 3-vehicle combination is a recreational vehicle or camping trailer, including any combination camping-horse trailer, the 3rd vehicle in the 3-vehicle combination is a recreational vehicle or camping trailer or a trailer carrying any vehicle for recreational use, carrying equestrian equipment and equestrian supplies for recreational purposes, or carrying no load, and, if the total weight, including any load, of all towed vehicles exceeds 3,000 pounds, one of the towed vehicles is equipped with brakes. No 3-vehicle combination may operate under this paragraph if highway or weather conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility, or upon a highway that is closed or partially closed by the department due to highway conditions.

SB225-SSA1,38 Section 38. Effective date.

SB225-SSA1,24,13 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB225-SSA1,24,14 (End)