January 24, 2025 - Introduced by Senators Jacque and Tomczyk, cosponsored by Representatives Tittl, Pronschinske, Anderson, Behnke, Billings, Dittrich, Goeben, Kreibich, Miresse, Murphy, Mursau, O'Connor, Prado and Wichgers. Referred to Committee on Transportation and Local Government.
SB8,1,3
1An Act to create subchapter XI of chapter 218 [precedes 218.60] of the 2statutes; relating to: repair and replacement of implements of husbandry
3under warranty. Analysis by the Legislative Reference Bureau
This bill creates requirements, commonly known as a “lemon law,” 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB8,1
1Section 1. Subchapter XI of chapter 218 [precedes 218.60] of the statutes is 2created to read: SB8,2,55IMPLEMENTS OF HUSBANDRY SB8,2,76218.60 Repair and replacement of implements of husbandry under 7warranty. (1) In this section: SB8,2,128(a) “Collateral costs” means expenses incurred by a consumer in connection 9with the repair of a nonconformity, including the costs of obtaining an alternative 10implement of husbandry. “Collateral costs” does not include incidental or 11consequential damages, including loss of profits as a result of a nonoperational 12implement of husbandry. SB8,2,1313(b) “Consumer” means any of the following: SB8,2,16141. The purchaser of a new implement of husbandry if the implement of 15husbandry was purchased from an authorized dealer for purposes other than 16resale. SB8,2,21172. A person to whom an implement of husbandry is transferred for purposes 18other than resale if the transfer occurs before the expiration of an express warranty 19applicable to the implement of husbandry that was extended when the implement 20of husbandry was new and first sold by an authorized dealer for purposes other 21than resale. SB8,3,2223. A person who may enforce an express warranty applicable to an implement
1of husbandry that was extended when the implement of husbandry was new and 2first sold by an authorized dealer for purposes other than resale. SB8,3,434. A person who leases a new implement of husbandry from a lessor under a 4written lease. SB8,3,55(c) “Implement of husbandry” has the meaning given in s. 340.01 (24). SB8,3,136(d) “Nonconformity” means a condition or defect that substantially impairs 7the use, value, or safety of an implement of husbandry and that is covered by an 8express warranty applicable to the implement of husbandry or to a component of 9the implement of husbandry. “Nonconformity” does not include a condition or 10defect that is the result of abuse, neglect, failure to operate and maintain the 11implement of husbandry in accordance with the manufacturer’s operator’s manual 12and recommended maintenance schedule, or unauthorized modification or 13alteration of the implement of husbandry by a consumer. SB8,3,2014(e) “Out of service” means that the implement of husbandry is unable to be 15used by the consumer either because of a nonconformity for which 2 or more 16unsuccessful attempts to repair have been made and the implement of husbandry 17has been returned to the consumer or remains with the consumer awaiting further 18repair attempts or because the implement of husbandry is in the possession of the 19manufacturer, lessor, or any of the manufacturer’s authorized dealers for the 20purpose of performing repairs to correct the same nonconformity. SB8,4,221(f) “Unsuccessful attempt to repair” means a repair attempt that does not 22correct the nonconformity for which the repair work is conducted and for which
1active repair work on the nonconformity stops and does not begin again within 24 2hours of the previous repair work. SB8,4,93(2) If an implement of husbandry does not conform to an applicable express 4warranty, and the consumer reports the nonconformity to the manufacturer, the 5lessor, or any of the manufacturer’s authorized dealers and makes the implement of 6husbandry available for repair before the expiration of the warranty or one year 7after first delivery of the implement of husbandry to a consumer, whichever is 8sooner, the manufacturer, lessor, or authorized dealer shall repair the 9nonconformity. SB8,4,1610(3) If, before the expiration of the warranty or one year after first delivery of 11the implement of husbandry, whichever is earlier, a manufacturer, lessor, or 12authorized dealer attempts to repair a nonconformity not fewer than 4 times and 13the nonconformity is not repaired, or if an implement of husbandry is out of service 14for an aggregate of not less than 30 days, the consumer is entitled to a replacement 15or refund, and the manufacturer shall do one of the following as directed by the 16consumer: SB8,4,2017(a) Accept return of the implement of husbandry and replace the implement of 18husbandry with a comparable new implement of husbandry and refund any 19collateral costs, to the extent that the manufacturer, lessor, or authorized dealer 20does not mitigate collateral costs. SB8,5,221(b) Accept return of the implement of husbandry and refund to the consumer 22and to any holder of a perfected security interest in the consumer’s implement of 23husbandry, as their interest may appear, the full purchase price plus any sales tax,
1finance charge, amount paid by the consumer at the point of sale, and collateral 2costs, less a reasonable allowance for use. SB8,5,83(c) If the implement of husbandry is leased, accept return of the implement of 4husbandry, refund to the lessor and to any holder of a perfected security interest in 5the implement of husbandry, as their interest may appear, the current value of the 6written lease, and refund to the consumer the amount the consumer paid under the 7written lease plus any sales tax and collateral costs, less a reasonable allowance for 8use. SB8,5,189(4) A consumer who elects to receive a refund under sub. (3) shall notify the 10manufacturer. Not later that 30 days after receiving notice from the consumer, the 11manufacturer shall provide the consumer with the refund. Upon receipt of the 12refund, the consumer shall return the implement of husbandry having the 13nonconformity to the manufacturer and provide the manufacturer with the 14certificate of title for the implement of husbandry or all endorsements necessary to 15transfer the title to the manufacturer. If another person is in possession of the 16certificate of title, that person shall, upon request of the consumer, provide the 17manufacturer with the certificate of title upon satisfaction of any security interest 18the person has in the implement of husbandry. SB8,6,219(5) A consumer who elects to receive a comparable new implement of 20husbandry under sub. (3) shall notify the manufacturer. Not later than 45 days 21after receiving notice from the consumer, the manufacturer shall provide either a 22comparable new implement of husbandry or, if a comparable new implement of 23husbandry does not exist or cannot be delivered within the 45-day period, a refund.
1Upon receipt of the new implement of husbandry or the refund, the consumer shall 2return the implement of husbandry having the nonconformity to the manufacturer. SB8,6,133(6) A manufacturer, lessor, or manufacturer’s authorized dealer may not sell 4or lease any nonconforming implement of husbandry returned to the manufacturer 5by a consumer unless the manufacturer, lessor, or manufacturer’s authorized 6dealer discloses the reasons the implement of husbandry was returned to any 7prospective buyer or lessee. If a manufacturer fails to disclose in writing at the time 8of transfer or sale to a dealer that a nonconforming implement of husbandry was 9returned to the manufacturer by a consumer, the manufacturer shall indemnify the 10dealer for all costs and expenses the dealer incurs as the result of the 11manufacturer’s failure to disclose the nonconformity and shall be directly liable 12under this section to a consumer who purchases a nonconforming implement of 13husbandry without having received the disclosure required under this section. SB8,6,1814(7) The department of revenue shall refund to a manufacturer any sales tax 15the manufacturer refunded to a consumer under sub. (3) if the manufacturer 16provides to the department of revenue a written request for a refund along with 17evidence that the sales tax was paid when the implement of husbandry was 18purchased and that the manufacturer refunded the sales tax to the consumer. SB8,6,2019(8) This section does not limit rights or remedies available to a consumer 20under any other law.
