2025 - 2026 LEGISLATURE
LRB-1303/1
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2025 ASSEMBLY BILL 31
February 17, 2025 - Introduced by Representatives TITTL, PRONSCHINSKE,
ANDERSON, BEHNKE, BILLINGS, DITTRICH, GOEBEN, KREIBICH, MIRESSE,
MURPHY, MURSAU, O'CONNOR, PRADO, WICHGERS, TRANEL and DONOVAN,
cosponsored by Senators JACQUE and TOMCZYK. Referred to Committee on
Agriculture.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create subchapter XI of chapter 218 [precedes 218.60] of the
statutes; relating to: repair and replacement of implements of husbandry
under warranty.
Analysis by the Legislative Reference Bureau
This bill creates requirements, commonly known as a Xlemon law,Y for the
repair and replacement of an implement of husbandry that has a condition or defect
(nonconformity) that substantially impairs the use, value, or safety of the
implement of husbandry and that is covered by an express warranty.
Under the bill, if an implement of husbandry does not conform to an applicable
express warranty, and the consumer reports the nonconformity to the
manufacturer, the lessor, or any of the manufacturer[s authorized dealers and
makes the implement of husbandry available for repair, the manufacturer, lessor, or
authorized dealer must repair the nonconformity. If the same nonconformity has
been subject to repair at least four times and the nonconformity continues, or if the
implement of husbandry is out of service for an aggregate of at least 30 days
because of warranty nonconformities, the consumer is entitled to a replacement
implement of husbandry or a full refund.
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The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. Subchapter XI of chapter 218 [precedes 218.60] of the statutes is
created to read:
CHAPTER 218
SUBCHAPTER XI
IMPLEMENTS OF HUSBANDRY
218.60 Repair and replacement of implements of husbandry under
warranty. (1) In this section:
(a) XCollateral costsY means expenses incurred by a consumer in connection
with the repair of a nonconformity, including the costs of obtaining an alternative
implement of husbandry. XCollateral costsY does not include incidental or
consequential damages, including loss of profits as a result of a nonoperational
implement of husbandry.
(b) XConsumerY means any of the following:
1. The purchaser of a new implement of husbandry if the implement of
husbandry was purchased from an authorized dealer for purposes other than
resale.
2. A person to whom an implement of husbandry is transferred for purposes
other than resale if the transfer occurs before the expiration of an express warranty
applicable to the implement of husbandry that was extended when the implement
of husbandry was new and first sold by an authorized dealer for purposes other
than resale.
3. A person who may enforce an express warranty applicable to an implement
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of husbandry that was extended when the implement of husbandry was new and
first sold by an authorized dealer for purposes other than resale.
4. A person who leases a new implement of husbandry from a lessor under a
written lease.
(c) XImplement of husbandryY has the meaning given in s. 340.01 (24).
(d) XNonconformityY means a condition or defect that substantially impairs
the use, value, or safety of an implement of husbandry and that is covered by an
express warranty applicable to the implement of husbandry or to a component of
the implement of husbandry. XNonconformityY does not include a condition or
defect that is the result of abuse, neglect, failure to operate and maintain the
implement of husbandry in accordance with the manufacturer[s operator[s manual
and recommended maintenance schedule, or unauthorized modification or
alteration of the implement of husbandry by a consumer.
(e) XOut of serviceY means that the implement of husbandry is unable to be
used by the consumer either because of a nonconformity for which 2 or more
unsuccessful attempts to repair have been made and the implement of husbandry
has been returned to the consumer or remains with the consumer awaiting further
repair attempts or because the implement of husbandry is in the possession of the
manufacturer, lessor, or any of the manufacturer[s authorized dealers for the
purpose of performing repairs to correct the same nonconformity.
(f) XUnsuccessful attempt to repairY means a repair attempt that does not
correct the nonconformity for which the repair work is conducted and for which
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active repair work on the nonconformity stops and does not begin again within 24
hours of the previous repair work.
(2) If an implement of husbandry does not conform to an applicable express
warranty, and the consumer reports the nonconformity to the manufacturer, the
lessor, or any of the manufacturer[s authorized dealers and makes the implement of
husbandry available for repair before the expiration of the warranty or one year
after first delivery of the implement of husbandry to a consumer, whichever is
sooner, the manufacturer, lessor, or authorized dealer shall repair the
nonconformity.
(3) If, before the expiration of the warranty or one year after first delivery of
the implement of husbandry, whichever is earlier, a manufacturer, lessor, or
authorized dealer attempts to repair a nonconformity not fewer than 4 times and
the nonconformity is not repaired, or if an implement of husbandry is out of service
for an aggregate of not less than 30 days, the consumer is entitled to a replacement
or refund, and the manufacturer shall do one of the following as directed by the
consumer:
(a) Accept return of the implement of husbandry and replace the implement of
husbandry with a comparable new implement of husbandry and refund any
collateral costs, to the extent that the manufacturer, lessor, or authorized dealer
does not mitigate collateral costs.
(b) Accept return of the implement of husbandry and refund to the consumer
and to any holder of a perfected security interest in the consumer[s implement of
husbandry, as their interest may appear, the full purchase price plus any sales tax,
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finance charge, amount paid by the consumer at the point of sale, and collateral
costs, less a reasonable allowance for use.
(c) If the implement of husbandry is leased, accept return of the implement of
husbandry, refund to the lessor and to any holder of a perfected security interest in
the implement of husbandry, as their interest may appear, the current value of the
written lease, and refund to the consumer the amount the consumer paid under the
written lease plus any sales tax and collateral costs, less a reasonable allowance for
use.
(4) A consumer who elects to receive a refund under sub. (3) shall notify the
manufacturer. Not later that 30 days after receiving notice from the consumer, the
manufacturer shall provide the consumer with the refund. Upon receipt of the
refund, the consumer shall return the implement of husbandry having the
nonconformity to the manufacturer and provide the manufacturer with the
certificate of title for the implement of husbandry or all endorsements necessary to
transfer the title to the manufacturer. If another person is in possession of the
certificate of title, that person shall, upon request of the consumer, provide the
manufacturer with the certificate of title upon satisfaction of any security interest
the person has in the implement of husbandry.
(5) A consumer who elects to receive a comparable new implement of
husbandry under sub. (3) shall notify the manufacturer. Not later than 45 days
after receiving notice from the consumer, the manufacturer shall provide either a
comparable new implement of husbandry or, if a comparable new implement of
husbandry does not exist or cannot be delivered within the 45-day period, a refund.
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Upon receipt of the new implement of husbandry or the refund, the consumer shall
return the implement of husbandry having the nonconformity to the manufacturer.
(6) A manufacturer, lessor, or manufacturer[s authorized dealer may not sell
or lease any nonconforming implement of husbandry returned to the manufacturer
by a consumer unless the manufacturer, lessor, or manufacturer[s authorized
dealer discloses the reasons the implement of husbandry was returned to any
prospective buyer or lessee. If a manufacturer fails to disclose in writing at the time
of transfer or sale to a dealer that a nonconforming implement of husbandry was
returned to the manufacturer by a consumer, the manufacturer shall indemnify the
dealer for all costs and expenses the dealer incurs as the result of the
manufacturer[s failure to disclose the nonconformity and shall be directly liable
under this section to a consumer who purchases a nonconforming implement of
husbandry without having received the disclosure required under this section.
(7) The department of revenue shall refund to a manufacturer any sales tax
the manufacturer refunded to a consumer under sub. (3) if the manufacturer
provides to the department of revenue a written request for a refund along with
evidence that the sales tax was paid when the implement of husbandry was
purchased and that the manufacturer refunded the sales tax to the consumer.
(8) This section does not limit rights or remedies available to a consumer
under any other law.
(END)
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