Skip to content
Bills from the 2009–10 session

Senate Bill 302

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

Passed the Senate, then stopped

The Senate passed it on Apr 13, 2010, but the Assembly never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Sep 23, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Apr 13, 2010

  4. Assembly vote, stopped here

    Stopped here. The Assembly never voted on it.

  5. Governor, not reached

  6. Law, not reached

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

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

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

6 senators are its ⁠. 3 are Democrats and 3 are Republicans.

7 more lawmakers ⁠.

See all 13 names

Authors (6)

Signed on in support (7)

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 were 3 votes on this bill. Taking a bill up right away needs two-thirds of the members, a higher bar than passing it, so that vote can draw more yeses than the final one.

Senate Committee on Transportation vote on an amendment

Passed, 6 to 1 · Apr 5, 2010

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

Official motion: “Report adoption of Senate Amendment 1 recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1”. Official record · This vote on its own page

Senate vote to pass it

Passed, 25 to 8 · Apr 13, 2010

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

Official motion: “Read a third time and passed, Ayes 25, Noes 8”. Official record · This vote on its own page

Assembly vote to take it up right away

Failed, 21 to 73 · Apr 22, 2010

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

Official motion: “Refused to suspend rules to withdraw from committee on Rules and take up, Ayes 21, Noes 73”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 14, 2010

    Sent to the Assembly Committee on Rules.

  3. Apr 14, 2010

    The Assembly received it.

  4. Apr 13, 2010

    The Senate passed it, 25 to 8.

  5. Apr 13, 2010

    The Senate adopted it.

  6. Apr 5, 2010

    The committee voted to recommend passing it, 6 to 1.

  7. Apr 5, 2010

    “Report adoption of Senate Amendment 1 recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1” (the official wording)

  8. Apr 1, 2010

    The committee held a public hearing.

  9. Oct 9, 2009

    A state agency sent in its estimate of the cost.

  10. Oct 8, 2009

    A state agency sent in its estimate of the cost.

  11. Sep 30, 2009

    The committee held a public hearing.

  12. Sep 23, 2009

    Sent to the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources.

  13. Sep 23, 2009

    Introduced in the Senate.

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

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

  2. Sep 23, 2009 · Senate

    Read first time and referred to committee on Transportation, Tourism, Forestry, and Natural Resources

  3. Sep 30, 2009 · Senate

    Public hearing held

  4. Oct 8, 2009 · Senate

    Fiscal estimate received

  5. Oct 8, 2009 · Senate

    Fiscal estimate received

  6. Oct 9, 2009 · Senate

    Fiscal estimate received

  7. Mar 31, 2010 · Senate

    Senate amendment 1 offered by Senator Hansen

  8. Apr 1, 2010 · Senate

    Public hearing held

  9. Apr 1, 2010 · Senate

    Executive action taken

  10. Apr 5, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1

  11. Apr 5, 2010 · Senate

    Report passage as amended recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1

  12. Apr 5, 2010 · Senate

    Available for scheduling

  13. Apr 7, 2010 · Senate

    Senate amendment 2 offered by Senator Hansen

  14. Apr 8, 2010 · Senate

    Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)

  15. Apr 13, 2010 · Senate

    Read a second time

  16. Apr 13, 2010 · Senate

    Senate amendment 1 adopted

  17. Apr 13, 2010 · Senate

    Senate amendment 2 adopted

  18. Apr 13, 2010 · Senate

    Ordered to a third reading

  19. Apr 13, 2010 · Senate

    Rules suspended

  20. Apr 13, 2010 · Senate

    Read a third time and passed, Ayes 25, Noes 8

  21. Apr 13, 2010 · Senate

    Ordered immediately messaged

  22. Apr 14, 2010 · Assembly

    Received from Senate

  23. Apr 14, 2010 · Assembly

    Read first time and referred to committee on Rules

  24. Apr 22, 2010 · Assembly

    Refused to suspend rules to withdraw from committee on Rules and take up, Ayes 21, Noes 73

  25. Apr 28, 2010 · Assembly

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. 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

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

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