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Bills from the 2009–10 session

Assembly Bill 439

Powersports vehicle manufacturers, distributors, and dealers and providing a penalty

Topics: Agriculture, Trade and Consumer Protection, Department of, Boat, Court: Procedure, Franchise, Motor vehicle: Dealers and finance companies, Motorcycle, Recreation vehicle, Snowmobile

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Sep 23, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill creates provisions governing the relationship between powersports vehicle manufacturers and distributors, including their agents, officers, factory representatives, and affiliates (collectively referred to as franchisors), and powersports vehicle dealers (dealers). Under the bill, a powersports vehicle is an all-terrain vehicle, snowmobile, lightweight utility vehicle, personal watercraft, or off-road motorcycle. The bill imposes numerous restrictions on franchisors, including prohibiting franchisors from doing any of the following:

1. Discriminating between dealers in certain ways, including: not offering the same wholesale order programs to all powersports vehicle dealers; tying dealer incentives for retail customers to placement of dealer orders; and providing for an unfair, unreasonable, or inequitable method for the allocation, scheduling, or delivery of new powersports vehicles, parts, or accessories to dealers.

Read the full summary

2. Making secret payments or providing other secret compensation to dealers if certain consequences result.

3. Giving preferential treatment to some powersports vehicle dealers over others in the delivery of new powersports vehicles, parts, or accessories.

4. Competing with a dealer by, for more than one year, acting as a dealer or owning, operating, or controlling a dealership in this state.

5. Taking certain actions related to the capital structure, financing, or location of dealerships.

6. Failing to hold harmless and indemnify dealers in certain circumstances.

7. Preventing a dealer from receiving reasonable compensation for a powersports vehicle or from freely associating with other dealers.

8. Charging dealers increased prices without specified prior notice.

9. Reimbursing anyone other than an authorized dealer for warranty service.

10. Paying less than the amount of the franchisor's suggested retail price for parts used by dealers to perform warranty work.

11. Paying dealers an amount for labor that is less than the amount dealers charge their retail customers for labor.

12. Requiring or coercing dealers to grant rights of first refusal or other preferences related to purchasing dealer franchises.

13. Requiring that arbitration or legal proceedings take place outside this state.

The bill also specifies that a franchisor may, without violating the restrictions identified above, offer by auction powersports vehicles to all dealers and provide certain programs to dealers.

Under the bill, a franchisor may be required to forfeit not less than $100 nor more than $1,000 for each violation of these restrictions. The Department of Agriculture, Trade and Consumer Protection (DATCP) has jurisdiction to investigate and enforce these restrictions, and DATCP, represented by the Department of Justice, or a district attorney may bring an action on behalf of the state. In addition, any dealer injured by a violation of these restrictions may bring a civil action against the violating franchisor for temporary or permanent injunctive relief or for damages or both. The dealer may recover actual damages caused by the violation, as well as costs and reasonable attorney fees.

Who's behind it

7 representatives are its ⁠. 5 are Republicans and 2 are Democrats.

6 more lawmakers ⁠.

See all 13 names

Authors (7)

Signed on in support (6)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Tourism vote on an amendment

Passed, 8 to 0 · Feb 3, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Tourism, Recreation and State Properties, Ayes 8, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Feb 3, 2010

    Sent to the Assembly Committee on Rules.

  3. Feb 3, 2010

    The committee voted to recommend passing it, 5 to 3.

  4. Oct 14, 2009

    The committee held a public hearing.

  5. Oct 9, 2009

    A state agency sent in its estimate of the cost.

  6. Oct 1, 2009

    A state agency sent in its estimate of the cost.

  7. Sep 30, 2009

    A state agency sent in its estimate of the cost.

  8. Sep 23, 2009

    Sent to the Assembly Committee on Tourism, Recreation and State Properties.

  9. Sep 23, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Sep 23, 2009 · Assembly

    Introduced by Representatives Vruwink, Kaufert, Ripp, Townsend, A. Ott, Zepnick and Kestell;Cosponsored by Senators Hansen, Holperin, Taylor, Ellis, Cowles and Schultz

  2. Sep 23, 2009 · Assembly

    Read first time and referred to committee on Tourism, Recreation and State Properties

  3. Sep 30, 2009 · Assembly

    Fiscal estimate received

  4. Oct 1, 2009 · Assembly

    Fiscal estimate received

  5. Oct 9, 2009 · Assembly

    Fiscal estimate received

  6. Oct 14, 2009 · Assembly

    Public hearing held

  7. Jan 20, 2010 · Assembly

    Executive action taken

  8. Jan 20, 2010 · Assembly

    Assembly amendment 1 offered by committee on Tourism, Recreation and State Properties

  9. Jan 28, 2010 · Assembly

    Assembly amendment 2 offered by Representatives Vruwink and J. Fitzgerald

  10. Feb 3, 2010 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Tourism, Recreation and State Properties, Ayes 8, Noes 0

  11. Feb 3, 2010 · Assembly

    Report passage as amended recommended by committee on Tourism, Recreation and State Properties, Ayes 5, Noes 3

  12. Feb 3, 2010 · Assembly

    Referred to committee on Rules

  13. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote