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SB8: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0046/1
ZDW:cdc
2025 SENATE BILL 8
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
1
An Act
to create
subchapter XI of chapter 218 [precedes 218.60] of the
2
statutes;
relating to:
repair and replacement of implements of husbandry
3
under 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
1
Section
1
.
Subchapter XI of chapter 218 [precedes 218.60] of the statutes is
2
created to read:
SB8,2,3
3
CHAPTER 218
SB8,2,4
4
SUBCHAPTER XI
SB8,2,5
5
IMPLEMENTS OF HUSBANDRY
SB8,2,7
6
218.60
Repair and replacement of implements of husbandry under
7
warranty.
(1)
In this section:
SB8,2,12
8
(a)
“Collateral costs” means expenses incurred by a consumer in connection
9
with the repair of a nonconformity, including the costs of obtaining an alternative
10
implement of husbandry. “Collateral costs” does not include incidental or
11
consequential damages, including loss of profits as a result of a nonoperational
12
implement of husbandry.
SB8,2,13
13
(b) “Consumer” means any of the following:
SB8,2,16
14
1. The purchaser of a new implement of husbandry if the implement of
15
husbandry was purchased from an authorized dealer for purposes other than
16
resale.
SB8,2,21
17
2. A person to whom an implement of husbandry is transferred for purposes
18
other than resale if the transfer occurs before the expiration of an express warranty
19
applicable to the implement of husbandry that was extended when the implement
20
of husbandry was new and first sold by an authorized dealer for purposes other
21
than resale.
SB8,3,2
22
3. A person who may enforce an express warranty applicable to an implement
1
of husbandry that was extended when the implement of husbandry was new and
2
first sold by an authorized dealer for purposes other than resale.
SB8,3,4
3
4. A person who leases a new implement of husbandry from a lessor under a
4
written lease.
SB8,3,5
5
(c) “Implement of husbandry” has the meaning given in s. 340.01 (24).
SB8,3,13
6
(d) “Nonconformity” means a condition or defect that substantially impairs
7
the use, value, or safety of an implement of husbandry and that is covered by an
8
express warranty applicable to the implement of husbandry or to a component of
9
the implement of husbandry. “Nonconformity” does not include a condition or
10
defect that is the result of abuse, neglect, failure to operate and maintain the
11
implement of husbandry in accordance with the manufacturer’s operator’s manual
12
and recommended maintenance schedule, or unauthorized modification or
13
alteration of the implement of husbandry by a consumer.
SB8,3,20
14
(e) “Out of service” means that the implement of husbandry is unable to be
15
used by the consumer either because of a nonconformity for which 2 or more
16
unsuccessful attempts to repair have been made and the implement of husbandry
17
has been returned to the consumer or remains with the consumer awaiting further
18
repair attempts or because the implement of husbandry is in the possession of the
19
manufacturer, lessor, or any of the manufacturer’s authorized dealers for the
20
purpose of performing repairs to correct the same nonconformity.
SB8,4,2
21
(f) “Unsuccessful attempt to repair” means a repair attempt that does not
22
correct the nonconformity for which the repair work is conducted and for which
1
active repair work on the nonconformity stops and does not begin again within 24
2
hours of the previous repair work.
SB8,4,9
3
(2)
If an implement of husbandry does not conform to an applicable express
4
warranty, and the consumer reports the nonconformity to the manufacturer, the
5
lessor, or any of the manufacturer’s authorized dealers and makes the implement of
6
husbandry available for repair before the expiration of the warranty or one year
7
after first delivery of the implement of husbandry to a consumer, whichever is
8
sooner, the manufacturer, lessor, or authorized dealer shall repair the
9
nonconformity.
SB8,4,16
10
(3)
If, before the expiration of the warranty or one year after first delivery of
11
the implement of husbandry, whichever is earlier, a manufacturer, lessor, or
12
authorized dealer attempts to repair a nonconformity not fewer than 4 times and
13
the nonconformity is not repaired, or if an implement of husbandry is out of service
14
for an aggregate of not less than 30 days, the consumer is entitled to a replacement
15
or refund, and the manufacturer shall do one of the following as directed by the
16
consumer:
SB8,4,20
17
(a) Accept return of the implement of husbandry and replace the implement of
18
husbandry with a comparable new implement of husbandry and refund any
19
collateral costs, to the extent that the manufacturer, lessor, or authorized dealer
20
does not mitigate collateral costs.
SB8,5,2
21
(b) Accept return of the implement of husbandry and refund to the consumer
22
and to any holder of a perfected security interest in the consumer’s implement of
23
husbandry, as their interest may appear, the full purchase price plus any sales tax,
1
finance charge, amount paid by the consumer at the point of sale, and collateral
2
costs, less a reasonable allowance for use.
SB8,5,8
3
(c) If the implement of husbandry is leased, accept return of the implement of
4
husbandry, refund to the lessor and to any holder of a perfected security interest in
5
the implement of husbandry, as their interest may appear, the current value of the
6
written lease, and refund to the consumer the amount the consumer paid under the
7
written lease plus any sales tax and collateral costs, less a reasonable allowance for
8
use.
SB8,5,18
9
(4)
A consumer who elects to receive a refund under sub. (3) shall notify the
10
manufacturer. Not later that 30 days after receiving notice from the consumer, the
11
manufacturer shall provide the consumer with the refund. Upon receipt of the
12
refund, the consumer shall return the implement of husbandry having the
13
nonconformity to the manufacturer and provide the manufacturer with the
14
certificate of title for the implement of husbandry or all endorsements necessary to
15
transfer the title to the manufacturer. If another person is in possession of the
16
certificate of title, that person shall, upon request of the consumer, provide the
17
manufacturer with the certificate of title upon satisfaction of any security interest
18
the person has in the implement of husbandry.
SB8,6,2
19
(5)
A consumer who elects to receive a comparable new implement of
20
husbandry under sub. (3) shall notify the manufacturer. Not later than 45 days
21
after receiving notice from the consumer, the manufacturer shall provide either a
22
comparable new implement of husbandry or, if a comparable new implement of
23
husbandry does not exist or cannot be delivered within the 45-day period, a refund.
1
Upon receipt of the new implement of husbandry or the refund, the consumer shall
2
return the implement of husbandry having the nonconformity to the manufacturer.
SB8,6,13
3
(6)
A manufacturer, lessor, or manufacturer’s authorized dealer may not sell
4
or lease any nonconforming implement of husbandry returned to the manufacturer
5
by a consumer unless the manufacturer, lessor, or manufacturer’s authorized dealer
6
discloses the reasons the implement of husbandry was returned to any prospective
7
buyer or lessee. If a manufacturer fails to disclose in writing at the time of transfer
8
or sale to a dealer that a nonconforming implement of husbandry was returned to
9
the manufacturer by a consumer, the manufacturer shall indemnify the dealer for
10
all costs and expenses the dealer incurs as the result of the manufacturer’s failure
11
to disclose the nonconformity and shall be directly liable under this section to a
12
consumer who purchases a nonconforming implement of husbandry without having
13
received the disclosure required under this section.
SB8,6,18
14
(7)
The department of revenue shall refund to a manufacturer any sales tax
15
the manufacturer refunded to a consumer under sub. (3) if the manufacturer
16
provides to the department of revenue a written request for a refund along with
17
evidence that the sales tax was paid when the implement of husbandry was
18
purchased and that the manufacturer refunded the sales tax to the consumer.
SB8,6,20
19
(8)
This section does not limit rights or remedies available to a consumer
20
under any other law.
SB8,6,21
21
(end)
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