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.
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Introduced, passed
Sep 23, 2009
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Committee, passed
Approved
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Senate vote, passed
Passed Apr 13, 2010
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Assembly vote, stopped here
Stopped here. The Assembly never voted on it.
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ”
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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
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 Show less
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 Hide the names
Authors (6)
- Rob Cowles · Republican, Senate
- Michael Ellis · Republican, Senate
- Dave Hansen · Democrat, Senate
- Jim Holperin · Democrat, Senate
- Dale Schultz · Republican, Senate
- Lena Taylor · Democrat, Senate
Signed on in support (7)
- Alvin Ott · Republican, Assembly
- Dean Kaufert · Republican, Assembly
- Steve Kestell · Republican, Assembly
- Keith Ripp · Republican, Assembly
- John Townsend · Republican, Assembly
- Amy Sue Vruwink · Democrat, Assembly
- Josh Zepnick · Democrat, Assembly
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
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Apr 28, 2010
The session ended, and the bill died with it.
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Apr 14, 2010
Sent to the Assembly Committee on Rules.
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Apr 14, 2010
The Assembly received it.
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Apr 13, 2010
The Senate passed it, 25 to 8.
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Apr 13, 2010
The Senate adopted it.
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Apr 5, 2010
The committee voted to recommend passing it, 6 to 1.
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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)
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Apr 1, 2010
The committee held a public hearing.
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Oct 9, 2009
A state agency sent in its estimate of the cost.
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Oct 8, 2009
A state agency sent in its estimate of the cost.
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Sep 30, 2009
The committee held a public hearing.
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Sep 23, 2009
Sent to the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources.
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Sep 23, 2009
Introduced in the Senate.
See the official record, word for word Hide the official record
- 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
- Sep 23, 2009 · Senate
Read first time and referred to committee on Transportation, Tourism, Forestry, and Natural Resources
- Sep 30, 2009 · Senate
Public hearing held
- Oct 8, 2009 · Senate
Fiscal estimate received
- Oct 8, 2009 · Senate
Fiscal estimate received
- Oct 9, 2009 · Senate
Fiscal estimate received
- Mar 31, 2010 · Senate
Senate amendment 1 offered by Senator Hansen
- Apr 1, 2010 · Senate
Public hearing held
- Apr 1, 2010 · Senate
Executive action taken
- Apr 5, 2010 · Senate
Report adoption of Senate Amendment 1 recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1
- Apr 5, 2010 · Senate
Report passage as amended recommended by committee on Transportation, Tourism, Forestry, and Natural Resources, Ayes 6, Noes 1
- Apr 5, 2010 · Senate
Available for scheduling
- Apr 7, 2010 · Senate
Senate amendment 2 offered by Senator Hansen
- Apr 8, 2010 · Senate
Placed on calendar 4-13-2010 pursuant to Senate Rule 18(1)
- Apr 13, 2010 · Senate
Read a second time
- Apr 13, 2010 · Senate
Senate amendment 1 adopted
- Apr 13, 2010 · Senate
Senate amendment 2 adopted
- Apr 13, 2010 · Senate
Ordered to a third reading
- Apr 13, 2010 · Senate
Rules suspended
- Apr 13, 2010 · Senate
Read a third time and passed, Ayes 25, Noes 8
- Apr 13, 2010 · Senate
Ordered immediately messaged
- Apr 14, 2010 · Assembly
Received from Senate
- Apr 14, 2010 · Assembly
Read first time and referred to committee on Rules
- Apr 22, 2010 · Assembly
Refused to suspend rules to withdraw from committee on Rules and take up, Ayes 21, Noes 73
- 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
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