LRB-4068/1
ZDW:wlj
2015 - 2016 LEGISLATURE
January 5, 2016 - Introduced by Senators Kapenga, Cowles, Gudex and Moulton,
cosponsored by Representatives VanderMeer, Kooyenga, Allen, Ballweg, E.
Brooks
, Craig, Krug, Murphy, Rohrkaste and Spiros. Referred to Committee
on Agriculture, Small Business, and Tourism.
SB495,1,3 1An Act to repeal 344.574 (2) (b) 2.; to amend 344.574 (1) (a) (intro.), 344.574
2(1) (b) (intro.) and 344.574 (2) (b) 3.; and to create 344.57 (3m) and 344.574 (2)
3(a) 2m. of the statutes; relating to: loss-of-use fees for rental motor vehicles.
Analysis by the Legislative Reference Bureau
This bill allows a vehicle rental company to hold a renter or driver of a rented
vehicle liable for loss of use of the vehicle under certain circumstances.
Under current law, the total liability of a renter or authorized driver for damage
to a rented private passenger vehicle may not exceed the actual costs to repair the
vehicle or the fair market value of the vehicle immediately before the damage
occurred, whichever is less, and the costs incurred by the rental company for towing
and storage of the vehicle. A rental company may not hold a renter or driver of a
rental vehicle liable for loss of use of the vehicle.
Under this bill, a rental company may hold a renter or driver of a rented private
passenger vehicle liable for loss of use that results from an accident for which the
renter or driver is cited or charged with inattentive driving, reckless driving,
operating while intoxicated, homicide by negligent operation or intoxicated use of a
vehicle, or a failure to yield violation that resulted in bodily harm or death. Loss of
use must be calculated using the daily rental rate stated in the rental agreement for
the vehicle, multiplied by the number of loss-of-use days, not to exceed 30 days.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB495,1
1Section 1. 344.57 (3m) of the statutes is created to read:
SB495,2,32 344.57 (3m) "Loss of use" means the loss of a rental company's ability to use
3a private passenger vehicle for any purpose due to damage to or loss of the vehicle.
SB495,2 4Section 2. 344.574 (1) (a) (intro.) of the statutes is amended to read:
SB495,2,85 344.574 (1) (a) (intro.) Unless a renter purchases a damage waiver offered in
6accordance with s. 344.576, a rental company may hold the renter liable to the extent
7permitted under subs. (2) to (4) for physical or mechanical damage to the rented
8private passenger vehicle that is caused by any of the following:
SB495,3 9Section 3. 344.574 (1) (b) (intro.) of the statutes is amended to read:
SB495,2,1310 344.574 (1) (b) (intro.) Unless a renter purchases a damage waiver offered in
11accordance with s. 344.576, a rental company may hold an authorized driver liable
12to the extent permitted under subs. (2) to (4) for physical or mechanical damage to
13the rented private passenger vehicle that is caused by any of the following:
SB495,4 14Section 4. 344.574 (2) (a) 2m. of the statutes is created to read:
SB495,2,1615 344.574 (2) (a) 2m. The amount necessary to reimburse the rental company for
16loss of use of the private passenger vehicle, subject to all of the following:
SB495,2,2117 a. The loss of use resulted from an accident for which the renter or authorized
18driver was cited or charged with a violation of s. 346.18 or a local ordinance in
19conformity therewith that resulted in bodily harm or death, a violation of s. 346.62,
20346.63, or 346.89 or a local ordinance in conformity therewith, or a violation of s.
21940.09 or 940.10.
SB495,2,2522 b. Loss of use shall be calculated using the daily rental rate stated in the rental
23agreement for the private passenger vehicle, excluding optional charges, multiplied
24by the number of loss-of-use days, which shall be equal to 2.5 hours of labor as
25determined by an appraisal for the repair of the private passenger vehicle.
SB495,3,2
1c. In the event of a loss-of-use claim, 3 administrative days shall be added to
2the days calculated under subd. 2m. b.
SB495,3,43 d. The number of days calculated under subd. 2m. b. and c. shall not exceed 30
4days.
SB495,5 5Section 5. 344.574 (2) (b) 2. of the statutes is repealed.
SB495,6 6Section 6. 344.574 (2) (b) 3. of the statutes is amended to read:
SB495,3,97 344.574 (2) (b) 3. Any Except as provided in par. (a) 2m., administrative
8charges, including the cost of appraisal, or other costs or expenses that are incidental
9to the damage to the private passenger vehicle.
SB495,3,1010 (End)
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