WI
Wisconsin Senate Bill SB129

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB129 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 129
55 March 14, 2025 - Introduced by Senators JACQUE, CABRAL-GUEVARA and PFAFF,
66 cosponsored by Representatives PENTERMAN, BEHNKE, BRILL, BROOKS,
77 DITTRICH, GOEBEN, GOODWIN, GUNDRUM, KNODL, MAXEY, MELOTIK, MIRESSE,
88 MURPHY, MURSAU, PIWOWARCZYK, SORTWELL, STROUD and WICHGERS.
99 Referred to Committee on Transportation and Local Government.
1010
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to create 218.0170 of the statutes; relating to: the right to repair
1313 motor vehicles and providing a penalty.
1414 Analysis by the Legislative Reference Bureau
1515 This bill prohibits motor vehicle manufacturers from employing certain
1616 barriers that impair the ability of the motor vehicle owners and the persons that
1717 repair motor vehicles from accessing motor vehicles[ vehicle-generated data, critical
1818 repair information, or tools in order to repair the motor vehicles; that affect motor
1919 vehicle owners[ ability to use a vehicle towing provider or service provider of their
2020 choice; or that affect motor vehicle owners[ abilities to diagnose, repair, and
2121 maintain their vehicle in the same manner as would the motor vehicle
2222 manufacturer. The bill also prohibits motor vehicle manufacturers from employing
2323 certain barriers that affect the ability of aftermarket parts manufacturers,
2424 aftermarket parts remanufacturers, motor vehicle equipment manufacturers,
2525 motor vehicle repair facilities, distributors, or service providers to produce or offer
2626 compatible aftermarket parts. Additionally, the bill requires motor vehicle
2727 manufacturers to provide to motor vehicle owners and certain other entities access
2828 to certain data and tools related to the repair of the motor vehicles it manufactures.
2929 The bill also prohibits motor vehicle manufacturers from making certain mandates
3030 in regards to what parts, tools, or equipment must be used on its vehicles.
3131 A manufacturer that violates a provision of the bill is subject to a forfeiture of
3232 $10,000 per violation.
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3838 SECTION 1
3939 For further information see the state fiscal estimate, which will be printed as
4040 an appendix to this bill.
4141 The people of the state of Wisconsin, represented in senate and assembly, do
4242 enact as follows:
4343 SECTION 1. 218.0170 of the statutes is created to read:
4444 218.0170 Right to repair motor vehicles. (1) DEFINITIONS. In this
4545 section:
4646 (a) XAftermarket partY means a part offered for sale or for installation in or on
4747 a motor vehicle after the motor vehicle has left the motor vehicle manufacturer[s
4848 production line. XAftermarket partY does not include a piece of original equipment
4949 or part manufactured for a motor vehicle manufacturer.
5050 (b) XBarrierY means a restriction that prohibits, makes more difficult, or
5151 tends to make more difficult the ability of a person to exercise a right under this
5252 section.
5353 (c) XCritical repair information and toolsY means all necessary and
5454 compatibility information, tools, equipment, schematics, parts nomenclature and
5555 descriptions, parts catalogs, repair procedures, training materials, software, and
5656 technology, including information related to diagnostics, repair, service, and
5757 calibration or recalibration of parts and systems, used to return a motor vehicle to
5858 operational specifications.
5959 (d) XDistributorY has the meaning given in s. 218.0101 (6).
6060 (e) XManufacturerY has the meaning given in s. 218.0101 (20).
6161 (f) XMotor vehicleY has the meaning given in s. 218.0101 (22).
6262 (g) XMotor vehicle dealerY has the meaning given in s. 218.0101 (23).
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8686 SECTION 1
8787 (h) XMotor vehicle equipmentY has the meaning given in 49 USC 30102 (a) (8).
8888 (i) XMotor vehicle repair facilityY means a person that, in the ordinary course
8989 of its business, is engaged in the business of diagnosis, service, maintenance,
9090 repair, or calibration of motor vehicles or motor vehicle equipment.
9191 (j) 1. Except as provided in subd. 2., XownerY means all of the following, as
9292 applicable:
9393 a. A person who owns a motor vehicle, or his or her designee.
9494 b. A lessee of a motor vehicle, or his or her designee.
9595 2. XOwnerY does not include a manufacturer, a person acting on behalf of a
9696 manufacturer, a motor vehicle financing company, a motor vehicle dealer, or a motor
9797 vehicle lessor.
9898 (k) XRemanufacturerY means a person who uses a standardized industrial
9999 process that returns previously sold, worn, or nonfunctional products to same-as-
100100 new or better condition and performance, resulting in a fully warranted product.
101101 (L) XService providerY means a designee of an owner or a designee of a motor
102102 vehicle repair facility that is employed by the owner or motor vehicle repair facility
103103 to assist with the diagnosis and repair of a motor vehicle.
104104 (m) XSpecified legal barrierY means any of the following:
105105 1. A request or requirement that an owner waive his or her right to use a
106106 motor vehicle repair facility of the owner[s choice.
107107 2. Offering compensation or another incentive in exchange for an owner
108108 waiving his or her right to use a motor vehicle repair facility of the owner[s choice.
109109 (n) XTechnological barrierY means a technological restriction that prohibits,
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136136 SECTION 1
137137 makes more difficult, or tends to make more difficult the ability of a person to
138138 exercise a right under this section.
139139 (o) XTelematics systemY means a system in a motor vehicle that collects
140140 information generated by the operation of the motor vehicle and, using wireless
141141 communication, transmits such information to a remote receiving point where it
142142 will be stored.
143143 (p) XVehicle-generated dataY means direct, real-time, in-vehicle data
144144 generated by the operation of a motor vehicle that is related to the diagnostics,
145145 repair, service, wear, and calibration or recalibration of parts and systems required
146146 to maintain or return the motor vehicle to operational specifications in compliance
147147 with federal motor vehicle safety and emissions laws, regulations, and standards.
148148 (2) MANUFACTURER BARRIERS PROHIBITED. A manufacturer may not employ a
149149 technological barrier or specified legal barrier that impairs any of the following:
150150 (a) The ability of an owner to access his or her motor vehicle[s vehicle-
151151 generated data that the manufacturer is required to make available under sub. (3)
152152 (a) and (b).
153153 (b) The ability of an owner, an aftermarket parts manufacturer, an
154154 aftermarket parts remanufacturer, a motor vehicle equipment manufacturer, a
155155 motor vehicle repair facility, a distributor, or a service provider to access critical
156156 repair information and tools made available in accordance with sub. (3) (c).
157157 (c) The ability of an owner to use a motor vehicle towing provider or service
158158 provider of the owner[s choice.
159159 (d) The ability of an aftermarket parts manufacturer, an aftermarket parts
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186186 SECTION 1
187187 remanufacturer, a motor vehicle equipment manufacturer, a motor vehicle repair
188188 facility, a distributor, or a service provider to produce or offer compatible
189189 aftermarket parts.
190190 (e) The ability of an owner to diagnose, repair, and maintain his or her motor
191191 vehicle in the same manner as would a manufacturer or motor vehicle dealer.
192192 (3) DATA, INFORMATION, AND TOOL ACCESS. (a) A manufacturer shall provide
193193 to owners of the motor vehicles it manufactures access to vehicle-generated data
194194 without restriction, limitation, fee, license, or requiring use of a device mandated by
195195 the manufacturer to decrypt the vehicle-generated data.
196196 (b) If a manufacturer uses wireless technology or a telematics system to
197197 transmit vehicle-generated data, the manufacturer shall provide access to the
198198 vehicle-generated data as required under par. (a) and in a direct and wireless
199199 method through a standardized access platform.
200200 (c) A manufacturer shall provide to the owners, aftermarket parts
201201 manufacturers, aftermarket parts remanufacturers, motor vehicle equipment
202202 manufacturers, motor vehicle repair facilities, distributors, and service providers of
203203 the motor vehicles it manufactures access to critical repair information and tools
204204 related to the motor vehicles it manufactures without restriction or limitation and
205205 at a fair, reasonable, and nondiscriminatory cost.
206206 (4) MANUFACTURER MANDATES PROHIBITED. Except for recall and warranty
207207 repairs, a manufacturer may not, within repair or maintenance service procedures,
208208 recommendations, service bulletins, repair manuals, position statements, or other
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234234 SECTION 1
235235 similar repair or maintenance guidelines that are distributed to owners or
236236 professional repairers, do any of the following:
237237 (a) Mandate, or imply a mandate for, the use of any particular brand or
238238 manufacturer of parts, tools, or equipment.
239239 (b) Recommend the use of any particular brand or manufacturer of parts,
240240 tools, or equipment, unless the manufacturer provides a prominent notice
241241 immediately following the recommendation, in the same font used in the
242242 recommendation and in a font size no smaller than the font size used in the
243243 recommendation, that states the following:
244244 NOTICE: Vehicle owners can choose which repair parts, tools, and equipment
245245 to purchase and should carefully consider their options.
246246 (5) CYBERSECURITY. Nothing in this section shall be construed to preclude a
247247 manufacturer from employing a cryptographic or technological protection
248248 necessary to secure motor vehicles, vehicle-generated data, or safety-critical vehicle
249249 systems from an unintended audience.
250250 (6) DESIGNEE COUNT. A person that manages access to a motor vehicle[s
251251 vehicle-generated data transmitted by a standardized access platform may not limit
252252 the number or types of persons that a person who owns or leases a motor vehicle
253253 may designate as his or her designee.
254254 (7) CONTRACTS VOID. In regard to a contract or arrangement entered into,
255255 renewed, or modified on or after the effective date of this subsection .... [LRB inserts
256256 date], a term, provision, agreement, or language in the contract or arrangement
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282282 SECTION 1
283283 that waives, avoids, restricts, or limits the manufacturer[s obligations under this
284284 section is void and unenforceable.
285285 (8) PENALTY. A manufacturer that violates sub. (2), (3), or (4) shall be subject
286286 to a forfeiture not to exceed $10,000 per violation. Each act prohibited or required
287287 by sub. (2), (3), or (4) shall constitute a separate violation. Each day that a
288288 manufacturer knowingly violates sub. (2), (3), or (4) constitutes a separate violation.
289289 (END)
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