1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 225
February 10, 1998 - Offered by Committee on Judiciary, Campaign Finance
Reform and Consumer Affairs
.
SB225-SSA1,1,5 1An Act to repeal 632.38 (1) (br), 632.38 (1) (dm) and 632.38 (5); to amend 632.38
2(title), 632.38 (1) (c) and 632.38 (2) (title); to repeal and recreate 632.38 (title)
3and 632.38 (1) (c); and to create 632.38 (1) (br), 632.38 (1) (dm) and 632.38 (5)
4of the statutes; relating to: the use of original manufacturer replacement
5parts.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB225-SSA1, s. 1 6Section 1. 632.38 (title) of the statutes is amended to read:
SB225-SSA1,1,8 7632.38 (title) Nonoriginal and original manufacturer replacement
8parts.
SB225-SSA1, s. 2 9Section 2. 632.38 (title) of the statutes, as affected by 1997 Wisconsin Act ....
10(this act), is repealed and recreated to read:
SB225-SSA1,1,11 11632.38 (title) Nonoriginal manufacturer replacement parts.
SB225-SSA1, s. 3 12Section 3. 632.38 (1) (br) of the statutes is created to read:
SB225-SSA1,2,1
1632.38 (1) (br) "Manufacturer" has the meaning given in s. 218.015 (1) (c).
SB225-SSA1, s. 4 2Section 4. 632.38 (1) (br) of the statutes, as created by 1997 Wisconsin Act ....
3(this act), is repealed.
SB225-SSA1, s. 5 4Section 5. 632.38 (1) (c) of the statutes is amended to read:
SB225-SSA1,2,105 632.38 (1) (c) "Motor vehicle" means any motor-driven vehicle required to be
6registered under ch. 341 or exempt from registration under s. 341.05 (2), including
7a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor
8vehicle dealer. "Motor vehicle" does not mean a moped, as defined in s. 340.01 (29m),
9motorcycle, as defined in s. 340.01 (32),
semitrailer or trailer designed for use in
10combination with a truck or truck tractor.
SB225-SSA1, s. 6 11Section 6. 632.38 (1) (c) of the statutes, as affected by 1997 Wisconsin Act ....
12(this act), is repealed and recreated to read:
SB225-SSA1,2,1713 632.38 (1) (c) "Motor vehicle" means any motor-driven vehicle required to be
14registered under ch. 341 or exempt from registration under s. 341.05 (2), including
15a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor
16vehicle dealer. "Motor vehicle" does not mean a moped, semitrailer or trailer
17designed for use in combination with a truck or truck tractor.
SB225-SSA1, s. 7 18Section 7. 632.38 (1) (dm) of the statutes is created to read:
SB225-SSA1,2,2119 632.38 (1) (dm) "Original manufacturer replacement part" means a
20replacement part that is made by or for the manufacturer of an insured's motor
21vehicle.
SB225-SSA1, s. 8 22Section 8. 632.38 (1) (dm) of the statutes, as created by 1997 Wisconsin Act
23.... (this act), is repealed.
SB225-SSA1, s. 9 24Section 9. 632.38 (2) (title) of the statutes is amended to read:
SB225-SSA1,3,2
1632.38 (2) (title) Notice of intended use of nonoriginal manufacturer
2replacement part
.
SB225-SSA1, s. 10 3Section 10. 632.38 (5) of the statutes is created to read:
SB225-SSA1,3,74 632.38 (5) Use of original manufacturer replacement part. Notwithstanding
5subs. (2) to (4), an insurer or the insurer's representative shall require the use of only
6original manufacturer replacement parts in the repair of an insured's motor vehicle
7if all of the following apply:
SB225-SSA1,3,108 (a) The date of contracting for the repair of the insured's motor vehicle is not
9more than 36 months after possession of the motor vehicle was first delivered to a
10consumer, as defined in s. 218.015 (1) (b).
SB225-SSA1,3,1211 (b) At the time of contracting for the repair of the motor vehicle, the insured
12requests that only original manufacturer replacement parts be used.
SB225-SSA1, s. 11 13Section 11. 632.38 (5) of the statutes, as created by 1997 Wisconsin Act .... (this
14act), is repealed.
SB225-SSA1, s. 12 15Section 12. Nonstatutory provisions.
SB225-SSA1,3,2216 (1) Audit on economic impact. The joint legislative audit committee is
17requested to direct the legislative audit bureau to perform a performance evaluation
18audit of the economic impact on insurers and consumers of the requirement under
19section 632.38 (5) of the statutes, as created by this act. If the committee directs the
20legislative audit bureau to perform the audit, the bureau shall file its report in the
21manner described in section 13.94 (1) (b) of the statutes no later than the first day
22of the 43rd month beginning after publication.
SB225-SSA1, s. 13 23Section 13. Initial applicability.
SB225-SSA1,4,224 (1) The amendment of section 632.38 (title) and (1) (c) of the statutes and the
25creation of section 632.38 (1) (br) and (dm) and (5) of the statutes first apply to claims

1under motor vehicle insurance policies issued or renewed on the effective date of this
2subsection.
SB225-SSA1,4,63 (2) The repeal of section 632.38 (1) (br) and (dm) and (5) of the statutes and the
4repeal and recreation of section 632.38 (title) and (1) (c) of the statutes first apply to
5claims under motor vehicle insurance policies issued or renewed on the first day of
6the 49th month beginning after publication.
SB225-SSA1, s. 14 7Section 14. Effective date. This act takes effect on the day after publication,
8except as follows:
SB225-SSA1,4,119 (1) The repeal of section 632.38 (1) (br) and (dm) and (5) of the statutes and the
10repeal and recreation of section 632.38 (title) and (1) (c) of the statutes take effect on
11the first day of the 49th month beginning after publication.
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