Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB42 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 SENATE BILL 42
5	5	February 14, 2023 - Introduced by Senator J ACQUE, cosponsored by
6	6	Representatives TITTL, PRONSCHINSKE, EDMING, MURPHY, MURSAU, ROZAR,
7	7	TUSLER and WICHGERS. Referred to Committee on Agriculture and Tourism.
8	8	AN ACT to create subchapter XI of chapter 218 [precedes 218.60] of the statutes;
9	9	relating to: repair and replacement of implements of husbandry under
10	10	warranty.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill creates requirements, commonly known as a “lemon law,” for the repair
13	13	and replacement of an implement of husbandry that has a condition or defect
14	14	(nonconformity) that substantially impairs the use, value, or safety of the implement
15	15	of husbandry and that is covered by an express warranty.
16	16	Under the bill, if an implement of husbandry does not conform to an applicable
17	17	express warranty, and the consumer reports the nonconformity to the manufacturer,
18	18	the lessor, or any of the manufacturer's authorized dealers and makes the implement
19	19	of husbandry available for repair, the manufacturer, lessor, or authorized dealer
20	20	must repair the nonconformity. If the same nonconformity has been subject to repair
21	21	at least four times and the nonconformity continues, or if the implement of
22	22	husbandry is out of service for an aggregate of at least 30 days because of warranty
23	23	nonconformities, the consumer is entitled to a replacement implement of husbandry
24	24	or a full refund.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
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31	31	SECTION 1 SENATE BILL 42
32	32	SECTION 1. Subchapter XI of chapter 218 [precedes 218.60] of the statutes is
33	33	created to read:
34	34	CHAPTER 218
35	35	SUBCHAPTER XI
36	36	IMPLEMENTS OF HUSBANDR Y
37	37	218.60 Repair and replacement of implements of husbandry under
38	38	warranty. (1) In this section:
39	39	(a) “Collateral costs" means expenses incurred by a consumer in connection
40	40	with the repair of a nonconformity, including the costs of obtaining an alternative
41	41	implement of husbandry.
42	42	(b) “Consumer" means any of the following:
43	43	1. The purchaser of a new implement of husbandry if the implement of
44	44	husbandry was purchased from an authorized dealer for purposes other than resale.
45	45	2. A person to whom an implement of husbandry is transferred for purposes
46	46	other than resale if the transfer occurs before the expiration of an express warranty
47	47	applicable to the implement of husbandry that was extended when the implement
48	48	of husbandry was new and first sold by an authorized dealer for purposes other than
49	49	resale.
50	50	3. A person who may enforce an express warranty applicable to an implement
51	51	of husbandry that was extended when the implement of husbandry was new and first
52	52	sold by an authorized dealer for purposes other than resale.
53	53	4. A person who leases a new implement of husbandry from a lessor under a
54	54	written lease.
55	55	(c) “Implement of husbandry” has the meaning given in s. 340.01 (24).
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84	84	(d) “Nonconformity" means a condition or defect that substantially impairs the
85	85	use, value, or safety of an implement of husbandry and that is covered by an express
86	86	warranty applicable to the implement of husbandry or to a component of the
87	87	implement of husbandry. “Nonconformity” does not include a condition or defect that
88	88	is the result of abuse, neglect, or unauthorized modification or alteration of the
89	89	implement of husbandry by a consumer.
90	90	(e) “Out of service" means that the implement of husbandry is unable to be used
91	91	by the consumer either because of a nonconformity for which one or more
92	92	unsuccessful attempts to repair have been made and the implement of husbandry
93	93	has been returned to the consumer or remains with the consumer awaiting further
94	94	repair attempts or because the implement of husbandry is in the possession of the
95	95	manufacturer, lessor, or any of the manufacturer's authorized dealers for the
96	96	purpose of performing repairs to correct a nonconformity.
97	97	(f) “Unsuccessful attempt to repair” means a repair attempt that does not
98	98	correct the nonconformity for which the repair work is conducted and for which active
99	99	repair work on the nonconformity stops and does not begin again within 24 hours of
100	100	the previous repair work.
101	101	(2) If an implement of husbandry does not conform to an applicable express
102	102	warranty, and the consumer reports the nonconformity to the manufacturer, the
103	103	lessor, or any of the manufacturer's authorized dealers and makes the implement of
104	104	husbandry available for repair before the expiration of the warranty or one year after
105	105	first delivery of the implement of husbandry to a consumer, whichever is sooner, the
106	106	manufacturer, lessor, or authorized dealer shall repair the nonconformity.
107	107	(3) If a manufacturer, lessor, or authorized dealer attempts to repair a
108	108	nonconformity not fewer than 4 times and the nonconformity is not repaired, or if an
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135	135	SECTION 1 SENATE BILL 42
136	136	implement of husbandry is out of service for an aggregate of not less than 30 days,
137	137	the consumer is entitled to a replacement or refund, and the manufacturer shall do
138	138	one of the following as directed by the consumer:
139	139	(a) Accept return of the implement of husbandry and replace the implement of
140	140	husbandry with a comparable new implement of husbandry and refund any
141	141	collateral costs.
142	142	(b) Accept return of the implement of husbandry and refund to the consumer
143	143	and to any holder of a perfected security interest in the consumer's implement of
144	144	husbandry, as their interest may appear, the full purchase price plus any sales tax,
145	145	finance charge, amount paid by the consumer at the point of sale, and collateral costs,
146	146	less a reasonable allowance for use.
147	147	(c) If the implement of husbandry is leased, accept return of the implement of
148	148	husbandry, refund to the lessor and to any holder of a perfected security interest in
149	149	the implement of husbandry, as their interest may appear, the current value of the
150	150	written lease, and refund to the consumer the amount the consumer paid under the
151	151	written lease plus any sales tax and collateral costs, less a reasonable allowance for
152	152	use.
153	153	(4) A consumer who elects to receive a refund under sub. (3) shall notify the
154	154	manufacturer. Not later that 30 days after receiving notice from the consumer, the
155	155	manufacturer shall provide the consumer with the refund. Upon receipt of the
156	156	refund, the consumer shall return the implement of husbandry having the
157	157	nonconformity to the manufacturer.
158	158	(5) A consumer who elects to receive a comparable new implement of
159	159	husbandry under sub. (3) shall notify the manufacturer. Not later than 45 days after
160	160	receiving notice from the consumer, the manufacturer shall provide either a
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188	188	SECTION 1
189	189	SENATE BILL 42
190	190	comparable new implement of husbandry or, if a comparable new implement of
191	191	husbandry does not exist or cannot be delivered within the 45-day period, a refund.
192	192	Upon receipt of the new implement of husbandry or the refund, the consumer shall
193	193	return the implement of husbandry having the nonconformity to the manufacturer.
194	194	(6) A manufacturer, lessor, or manufacturer's authorized dealer may not sell
195	195	or lease any nonconforming implement of husbandry returned to the manufacturer
196	196	by a consumer unless the manufacturer, lessor, or manufacturer's authorized dealer
197	197	discloses the reasons the implement of husbandry was returned to any prospective
198	198	buyer or lessee. If a manufacturer fails to disclose in writing at the time of transfer
199	199	or sale to a dealer that a nonconforming implement of husbandry was returned to the
200	200	manufacturer by a consumer, the manufacturer shall indemnify the dealer for all
201	201	costs and expenses the dealer incurs as the result of the manufacturer's failure to
202	202	disclose the nonconformity and shall be directly liable under this section to a
203	203	consumer who purchases a nonconforming implement of husbandry without having
204	204	received the disclosure required under this section.
205	205	(7) The department of revenue shall refund to a manufacturer any sales tax
206	206	the manufacturer refunded to a consumer under sub. (3) if the manufacturer
207	207	provides to the department of revenue a written request for a refund along with
208	208	evidence that the sales tax was paid when the implement of husbandry was
209	209	purchased and that the manufacturer refunded the sales tax to the consumer.
210	210	(8) This section does not limit rights or remedies available to a consumer under
211	211	any other law.
212	212	(9) (a) In addition to pursuing any other remedy, a consumer may bring an
213	213	action to recover for any damages caused by a violation of this section if the action
214	214	is commenced within 36 months after first delivery of the implement of husbandry
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241	241	SECTION 1 SENATE BILL 42
242	242	to a consumer. The court shall award a consumer who prevails in such an action the
243	243	amount of any pecuniary loss, together with costs, disbursements, and reasonable
244	244	attorney fees, and may award any equitable relief the court determines appropriate.
245	245	(b) Notwithstanding any other provision of this section or ch. 802, 804, or 806,
246	246	in an action for a violation under this section, if a court finds that any party to the
247	247	action has failed to reasonably cooperate with another party's efforts to comply with
248	248	obligations under this section, which hinders the other party's ability to comply with
249	249	or seek recovery under this section, the court may extend any deadlines specified in
250	250	this section, reduce any damages, attorney fees, or costs that may be awarded under
251	251	par. (a), strike pleadings, or enter default judgment against the offending party.
252	252	(END)
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