Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB135 Latest Draft

Bill / Introduced Version Filed 03/13/2025

                            2025 - 2026  LEGISLATURE
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2025 ASSEMBLY BILL 135
March 13, 2025 - Introduced by Representatives PENTERMAN, BEHNKE, BRILL, 
BROOKS, DITTRICH, GOEBEN, GOODWIN, GUNDRUM, KNODL, MAXEY, MELOTIK, 
MIRESSE, MURPHY, MURSAU, PIWOWARCZYK, SORTWELL, SPIROS, STROUD and 
WICHGERS, cosponsored by Senators JACQUE, CABRAL-GUEVARA and PFAFF. 
Referred to Committee on State Affairs. 
 
 ***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 218.0170 of the statutes; relating to: the right to repair 
motor vehicles and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits motor vehicle manufacturers from employing certain 
barriers that impair the ability of the motor vehicle owners and the persons that 
repair motor vehicles from accessing motor vehicles[ vehicle-generated data, critical 
repair information, or tools in order to repair the motor vehicles; that affect motor 
vehicle owners[ ability to use a vehicle towing provider or service provider of their 
choice; or that affect motor vehicle owners[ abilities to diagnose, repair, and 
maintain their vehicle in the same manner as would the motor vehicle 
manufacturer.  The bill also prohibits motor vehicle manufacturers from employing 
certain barriers that affect the ability of aftermarket parts manufacturers, 
aftermarket parts remanufacturers, motor vehicle equipment manufacturers, 
motor vehicle repair facilities, distributors, or service providers to produce or offer 
compatible aftermarket parts. Additionally, the bill requires motor vehicle 
manufacturers to provide to motor vehicle owners and certain other entities access 
to certain data and tools related to the repair of the motor vehicles it manufactures.  
The bill also prohibits motor vehicle manufacturers from making certain mandates 
in regards to what parts, tools, or equipment must be used on its vehicles.
A manufacturer that violates a provision of the bill is subject to a forfeiture of 
$10,000 per violation.
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For further information see the state fiscal estimate, which will be printed as 
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do 
enact as follows:
SECTION 1.  218.0170 of the statutes is created to read:
218.0170 Right to repair motor vehicles. (1) DEFINITIONS. In this 
section:
(a)  XAftermarket partY means a part offered for sale or for installation in or on 
a motor vehicle after the motor vehicle has left the motor vehicle manufacturer[s 
production line.  XAftermarket partY does not include a piece of original equipment 
or part manufactured for a motor vehicle manufacturer.
(b)  XBarrierY means a restriction that prohibits, makes more difficult, or 
tends to make more difficult the ability of a person to exercise a right under this 
section.
(c)  XCritical repair information and toolsY means all necessary and 
compatibility information, tools, equipment, schematics, parts nomenclature and 
descriptions, parts catalogs, repair procedures, training materials, software, and 
technology, including information related to diagnostics, repair, service, and 
calibration or recalibration of parts and systems, used to return a motor vehicle to 
operational specifications.
(d)  XDistributorY has the meaning given in s. 218.0101 (6).
(e)  XManufacturerY has the meaning given in s. 218.0101 (20).
(f)  XMotor vehicleY has the meaning given in s. 218.0101 (22).
(g)  XMotor vehicle dealerY has the meaning given in s. 218.0101 (23).
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(h)  XMotor vehicle equipmentY has the meaning given in 49 USC 30102 (a) (8).
(i)  XMotor vehicle repair facilityY means a person that, in the ordinary course 
of its business, is engaged in the business of diagnosis, service, maintenance, 
repair, or calibration of motor vehicles or motor vehicle equipment.
(j) 1.  Except as provided in subd. 2., XownerY means all of the following, as 
applicable:
a.  A person who owns a motor vehicle, or his or her designee.
b.  A lessee of a motor vehicle, or his or her designee.
2.  XOwnerY does not include a manufacturer, a person acting on behalf of a 
manufacturer, a motor vehicle financing company, a motor vehicle dealer, or a motor 
vehicle lessor.
(k)  XRemanufacturerY means a person who uses a standardized industrial 
process that returns previously sold, worn, or nonfunctional products to same-as-
new or better condition and performance, resulting in a fully warranted product.
(L)  XService providerY means a designee of an owner or a designee of a motor 
vehicle repair facility that is employed by the owner or motor vehicle repair facility 
to assist with the diagnosis and repair of a motor vehicle.
(m)  XSpecified legal barrierY means any of the following:
1.  A request or requirement that an owner waive his or her right to use a 
motor vehicle repair facility of the owner[s choice.
2. Offering compensation or another incentive in exchange for an owner 
waiving his or her right to use a motor vehicle repair facility of the owner[s choice.
(n)  XTechnological barrierY means a technological restriction that prohibits, 
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makes more difficult, or tends to make more difficult the ability of a person to 
exercise a right under this section.
(o)  XTelematics systemY means a system in a motor vehicle that collects 
information generated by the operation of the motor vehicle and, using wireless 
communication, transmits such information to a remote receiving point where it 
will be stored.
(p)  XVehicle-generated dataY means direct, real-time, in-vehicle data 
generated by the operation of a motor vehicle that is related to the diagnostics, 
repair, service, wear, and calibration or recalibration of parts and systems required 
to maintain or return the motor vehicle to operational specifications in compliance 
with federal motor vehicle safety and emissions laws, regulations, and standards.
(2) MANUFACTURER BARRIERS PROHIBITED.  A manufacturer may not employ a 
technological barrier or specified legal barrier that impairs any of the following:
(a) The ability of an owner to access his or her motor vehicle[s vehicle-
generated data that the manufacturer is required to make available under sub. (3) 
(a) and (b).
(b) The ability of an owner, an aftermarket parts manufacturer, an 
aftermarket parts remanufacturer, a motor vehicle equipment manufacturer, a 
motor vehicle repair facility, a distributor, or a service provider to access critical 
repair information and tools made available in accordance with sub. (3) (c).
(c)  The ability of an owner to use a motor vehicle towing provider or service 
provider of the owner[s choice.
(d)  The ability of an aftermarket parts manufacturer, an aftermarket parts 
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remanufacturer, a motor vehicle equipment manufacturer, a motor vehicle repair 
facility, a distributor, or a service provider to produce or offer compatible 
aftermarket parts.
(e)  The ability of an owner to diagnose, repair, and maintain his or her motor 
vehicle in the same manner as would a manufacturer or motor vehicle dealer.
(3) DATA, INFORMATION, AND TOOL ACCESS.  (a)  A manufacturer shall provide 
to owners of the motor vehicles it manufactures access to vehicle-generated data 
without restriction, limitation, fee, license, or requiring use of a device mandated by 
the manufacturer to decrypt the vehicle-generated data.
(b) If a manufacturer uses wireless technology or a telematics system to 
transmit vehicle-generated data, the manufacturer shall provide access to the 
vehicle-generated data as required under par. (a) and in a direct and wireless 
method through a standardized access platform.
(c) A manufacturer shall provide to the owners, aftermarket parts 
manufacturers, aftermarket parts remanufacturers, motor vehicle equipment 
manufacturers, motor vehicle repair facilities, distributors, and service providers of 
the motor vehicles it manufactures access to critical repair information and tools 
related to the motor vehicles it manufactures without restriction or limitation and 
at a fair, reasonable, and nondiscriminatory cost.
(4) MANUFACTURER MANDATES PROHIBITED.  Except for recall and warranty 
repairs, a manufacturer may not, within repair or maintenance service procedures, 
recommendations, service bulletins, repair manuals, position statements, or other 
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similar repair or maintenance guidelines that are distributed to owners or 
professional repairers, do any of the following:
(a) Mandate, or imply a mandate for, the use of any particular brand or 
manufacturer of parts, tools, or equipment.
(b)  Recommend the use of any particular brand or manufacturer of parts, 
tools, or equipment, unless the manufacturer provides a prominent notice 
immediately following the recommendation, in the same font used in the 
recommendation and in a font size no smaller than the font size used in the 
recommendation, that states the following:
NOTICE:  Vehicle owners can choose which repair parts, tools, and equipment 
to purchase and should carefully consider their options.
(5) CYBERSECURITY.  Nothing in this section shall be construed to preclude a 
manufacturer from employing a cryptographic or technological protection 
necessary to secure motor vehicles, vehicle-generated data, or safety-critical vehicle 
systems from an unintended audience.
(6) DESIGNEE COUNT. A person that manages access to a motor vehicle[s 
vehicle-generated data transmitted by a standardized access platform may not limit 
the number or types of persons that a person who owns or leases a motor vehicle 
may designate as his or her designee.
(7) CONTRACTS VOID.  In regard to a contract or arrangement entered into, 
renewed, or modified on or after the effective date of this subsection .... [LRB inserts 
date], a term, provision, agreement, or language in the contract or arrangement 
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that waives, avoids, restricts, or limits the manufacturer[s obligations under this 
section is void and unenforceable.
(8) PENALTY.  A manufacturer that violates sub. (2), (3), or (4) shall be subject 
to a forfeiture not to exceed $10,000 per violation.  Each act prohibited or required 
by sub. (2), (3), or (4) shall constitute a separate violation. Each day that a 
manufacturer knowingly violates sub. (2), (3), or (4) constitutes a separate violation.
(END)
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