Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB14 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 14
5	5	February 7, 2023 - Introduced by Representatives TITTL, PRONSCHINSKE, EDMING,
6	6	MURPHY, MURSAU, ROZAR, TUSLER and WICHGERS, cosponsored by Senator
7	7	JACQUE. Referred to Committee on Consumer Protection.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create subchapter XI of chapter 218 [precedes 218.60] of the statutes;
10	10	relating to: repair and replacement of implements of husbandry under
11	11	warranty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill creates requirements, commonly known as a “lemon law,” for the repair
14	14	and replacement of an implement of husbandry that has a condition or defect
15	15	(nonconformity) that substantially impairs the use, value, or safety of the implement
16	16	of husbandry and that is covered by an express warranty.
17	17	Under the bill, if an implement of husbandry does not conform to an applicable
18	18	express warranty, and the consumer reports the nonconformity to the manufacturer,
19	19	the lessor, or any of the manufacturer's authorized dealers and makes the implement
20	20	of husbandry available for repair, the manufacturer, lessor, or authorized dealer
21	21	must repair the nonconformity. If the same nonconformity has been subject to repair
22	22	at least four times and the nonconformity continues, or if the implement of
23	23	husbandry is out of service for an aggregate of at least 30 days because of warranty
24	24	nonconformities, the consumer is entitled to a replacement implement of husbandry
25	25	or a full refund.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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32	32	SECTION 1 ASSEMBLY BILL 14
33	33	SECTION 1. Subchapter XI of chapter 218 [precedes 218.60] of the statutes is
34	34	created to read:
35	35	CHAPTER 218
36	36	SUBCHAPTER XI
37	37	IMPLEMENTS OF HUSBANDR Y
38	38	218.60 Repair and replacement of implements of husbandry under
39	39	warranty. (1) In this section:
40	40	(a) “Collateral costs" means expenses incurred by a consumer in connection
41	41	with the repair of a nonconformity, including the costs of obtaining an alternative
42	42	implement of husbandry.
43	43	(b) “Consumer" means any of the following:
44	44	1. The purchaser of a new implement of husbandry if the implement of
45	45	husbandry was purchased from an authorized dealer for purposes other than resale.
46	46	2. A person to whom an implement of husbandry is transferred for purposes
47	47	other than resale if the transfer occurs before the expiration of an express warranty
48	48	applicable to the implement of husbandry that was extended when the implement
49	49	of husbandry was new and first sold by an authorized dealer for purposes other than
50	50	resale.
51	51	3. A person who may enforce an express warranty applicable to an implement
52	52	of husbandry that was extended when the implement of husbandry was new and first
53	53	sold by an authorized dealer for purposes other than resale.
54	54	4. A person who leases a new implement of husbandry from a lessor under a
55	55	written lease.
56	56	(c) “Implement of husbandry” has the meaning given in s. 340.01 (24).
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85	85	(d) “Nonconformity" means a condition or defect that substantially impairs the
86	86	use, value, or safety of an implement of husbandry and that is covered by an express
87	87	warranty applicable to the implement of husbandry or to a component of the
88	88	implement of husbandry. “Nonconformity” does not include a condition or defect that
89	89	is the result of abuse, neglect, or unauthorized modification or alteration of the
90	90	implement of husbandry by a consumer.
91	91	(e) “Out of service" means that the implement of husbandry is unable to be used
92	92	by the consumer either because of a nonconformity for which one or more
93	93	unsuccessful attempts to repair have been made and the implement of husbandry
94	94	has been returned to the consumer or remains with the consumer awaiting further
95	95	repair attempts or because the implement of husbandry is in the possession of the
96	96	manufacturer, lessor, or any of the manufacturer's authorized dealers for the
97	97	purpose of performing repairs to correct a nonconformity.
98	98	(f) “Unsuccessful attempt to repair” means a repair attempt that does not
99	99	correct the nonconformity for which the repair work is conducted and for which active
100	100	repair work on the nonconformity stops and does not begin again within 24 hours of
101	101	the previous repair work.
102	102	(2) If an implement of husbandry does not conform to an applicable express
103	103	warranty, and the consumer reports the nonconformity to the manufacturer, the
104	104	lessor, or any of the manufacturer's authorized dealers and makes the implement of
105	105	husbandry available for repair before the expiration of the warranty or one year after
106	106	first delivery of the implement of husbandry to a consumer, whichever is sooner, the
107	107	manufacturer, lessor, or authorized dealer shall repair the nonconformity.
108	108	(3) If a manufacturer, lessor, or authorized dealer attempts to repair a
109	109	nonconformity not fewer than 4 times and the nonconformity is not repaired, or if an
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136	136	SECTION 1 ASSEMBLY BILL 14
137	137	implement of husbandry is out of service for an aggregate of not less than 30 days,
138	138	the consumer is entitled to a replacement or refund, and the manufacturer shall do
139	139	one of the following as directed by the consumer:
140	140	(a) Accept return of the implement of husbandry and replace the implement of
141	141	husbandry with a comparable new implement of husbandry and refund any
142	142	collateral costs.
143	143	(b) Accept return of the implement of husbandry and refund to the consumer
144	144	and to any holder of a perfected security interest in the consumer's implement of
145	145	husbandry, as their interest may appear, the full purchase price plus any sales tax,
146	146	finance charge, amount paid by the consumer at the point of sale, and collateral costs,
147	147	less a reasonable allowance for use.
148	148	(c) If the implement of husbandry is leased, accept return of the implement of
149	149	husbandry, refund to the lessor and to any holder of a perfected security interest in
150	150	the implement of husbandry, as their interest may appear, the current value of the
151	151	written lease, and refund to the consumer the amount the consumer paid under the
152	152	written lease plus any sales tax and collateral costs, less a reasonable allowance for
153	153	use.
154	154	(4) A consumer who elects to receive a refund under sub. (3) shall notify the
155	155	manufacturer. Not later that 30 days after receiving notice from the consumer, the
156	156	manufacturer shall provide the consumer with the refund. Upon receipt of the
157	157	refund, the consumer shall return the implement of husbandry having the
158	158	nonconformity to the manufacturer.
159	159	(5) A consumer who elects to receive a comparable new implement of
160	160	husbandry under sub. (3) shall notify the manufacturer. Not later than 45 days after
161	161	receiving notice from the consumer, the manufacturer shall provide either a
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189	189	SECTION 1
190	190	ASSEMBLY BILL 14
191	191	comparable new implement of husbandry or, if a comparable new implement of
192	192	husbandry does not exist or cannot be delivered within the 45-day period, a refund.
193	193	Upon receipt of the new implement of husbandry or the refund, the consumer shall
194	194	return the implement of husbandry having the nonconformity to the manufacturer.
195	195	(6) A manufacturer, lessor, or manufacturer's authorized dealer may not sell
196	196	or lease any nonconforming implement of husbandry returned to the manufacturer
197	197	by a consumer unless the manufacturer, lessor, or manufacturer's authorized dealer
198	198	discloses the reasons the implement of husbandry was returned to any prospective
199	199	buyer or lessee. If a manufacturer fails to disclose in writing at the time of transfer
200	200	or sale to a dealer that a nonconforming implement of husbandry was returned to the
201	201	manufacturer by a consumer, the manufacturer shall indemnify the dealer for all
202	202	costs and expenses the dealer incurs as the result of the manufacturer's failure to
203	203	disclose the nonconformity and shall be directly liable under this section to a
204	204	consumer who purchases a nonconforming implement of husbandry without having
205	205	received the disclosure required under this section.
206	206	(7) The department of revenue shall refund to a manufacturer any sales tax
207	207	the manufacturer refunded to a consumer under sub. (3) if the manufacturer
208	208	provides to the department of revenue a written request for a refund along with
209	209	evidence that the sales tax was paid when the implement of husbandry was
210	210	purchased and that the manufacturer refunded the sales tax to the consumer.
211	211	(8) This section does not limit rights or remedies available to a consumer under
212	212	any other law.
213	213	(9) (a) In addition to pursuing any other remedy, a consumer may bring an
214	214	action to recover for any damages caused by a violation of this section if the action
215	215	is commenced within 36 months after first delivery of the implement of husbandry
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242	242	SECTION 1 ASSEMBLY BILL 14
243	243	to a consumer. The court shall award a consumer who prevails in such an action the
244	244	amount of any pecuniary loss, together with costs, disbursements, and reasonable
245	245	attorney fees, and may award any equitable relief the court determines appropriate.
246	246	(b) Notwithstanding any other provision of this section or ch. 802, 804, or 806,
247	247	in an action for a violation under this section, if a court finds that any party to the
248	248	action has failed to reasonably cooperate with another party's efforts to comply with
249	249	obligations under this section, which hinders the other party's ability to comply with
250	250	or seek recovery under this section, the court may extend any deadlines specified in
251	251	this section, reduce any damages, attorney fees, or costs that may be awarded under
252	252	par. (a), strike pleadings, or enter default judgment against the offending party.
253	253	(END)
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