Amendment SSA1-SB225

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 An Act to repeal 632.38 (1) (br), 632.38 (1) (dm) and 632.38 (5); to amend 632.38 (title), 632.38 (1) (c) and 632.38 (2) (title); to repeal and recreate 632.38 (title) and 632.38 (1) (c); and to create 632.38 (1) (br), 632.38 (1) (dm) and 632.38 (5) of the statutes; relating to: the use of original manufacturer replacement parts.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB225-SSA1, s. 1 Section 1. 632.38 (title) of the statutes is amended to read:

SB225-SSA1,1,8 632.38 (title) Nonoriginal and original manufacturer replacement parts.

SB225-SSA1, s. 2 Section 2. 632.38 (title) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB225-SSA1,1,11 632.38 (title) Nonoriginal manufacturer replacement parts.

SB225-SSA1, s. 3 Section 3. 632.38 (1) (br) of the statutes is created to read:

SB225-SSA1,2,1 632.38 (1) (br) "Manufacturer" has the meaning given in s. 218.015 (1) (c).

SB225-SSA1, s. 4 Section 4. 632.38 (1) (br) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB225-SSA1, s. 5 Section 5. 632.38 (1) (c) of the statutes is amended to read:

SB225-SSA1,2,10 632.38 (1) (c) "Motor vehicle" means any motor-driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer. "Motor vehicle" does not mean a moped, as defined in s. 340.01 (29m), motorcycle, as defined in s. 340.01 (32), semitrailer or trailer designed for use in combination with a truck or truck tractor.

SB225-SSA1, s. 6 Section 6. 632.38 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB225-SSA1,2,17 632.38 (1) (c) "Motor vehicle" means any motor-driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer. "Motor vehicle" does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.

SB225-SSA1, s. 7 Section 7. 632.38 (1) (dm) of the statutes is created to read:

SB225-SSA1,2,21 632.38 (1) (dm) "Original manufacturer replacement part" means a replacement part that is made by or for the manufacturer of an insured's motor vehicle.

SB225-SSA1, s. 8 Section 8. 632.38 (1) (dm) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB225-SSA1, s. 9 Section 9. 632.38 (2) (title) of the statutes is amended to read:

SB225-SSA1,3,2 632.38 (2) (title) Notice of intended use of nonoriginal manufacturer replacement part.

SB225-SSA1, s. 10 Section 10. 632.38 (5) of the statutes is created to read:

SB225-SSA1,3,7 632.38 (5) Use of original manufacturer replacement part. Notwithstanding subs. (2) to (4), an insurer or the insurer's representative shall require the use of only original manufacturer replacement parts in the repair of an insured's motor vehicle if all of the following apply:

SB225-SSA1,3,10 (a) The date of contracting for the repair of the insured's motor vehicle is not more than 36 months after possession of the motor vehicle was first delivered to a consumer, as defined in s. 218.015 (1) (b).

SB225-SSA1,3,12 (b) At the time of contracting for the repair of the motor vehicle, the insured requests that only original manufacturer replacement parts be used.

SB225-SSA1, s. 11 Section 11. 632.38 (5) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB225-SSA1, s. 12 Section 12. Nonstatutory provisions.

SB225-SSA1,3,22 (1) Audit on economic impact. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit of the economic impact on insurers and consumers of the requirement under section 632.38 (5) of the statutes, as created by this act. If the committee directs the legislative audit bureau to perform the audit, the bureau shall file its report in the manner described in section 13.94 (1) (b) of the statutes no later than the first day of the 43rd month beginning after publication.

SB225-SSA1, s. 13 Section 13. Initial applicability.

SB225-SSA1,4,2 (1) The amendment of section 632.38 (title) and (1) (c) of the statutes and the creation of section 632.38 (1) (br) and (dm) and (5) of the statutes first apply to claims under motor vehicle insurance policies issued or renewed on the effective date of this subsection.

SB225-SSA1,4,6 (2) The repeal of section 632.38 (1) (br) and (dm) and (5) of the statutes and the repeal and recreation of section 632.38 (title) and (1) (c) of the statutes first apply to claims under motor vehicle insurance policies issued or renewed on the first day of the 49th month beginning after publication.

SB225-SSA1, s. 14 Section 14. Effective date. This act takes effect on the day after publication, except as follows:

SB225-SSA1,4,11 (1) The repeal of section 632.38 (1) (br) and (dm) and (5) of the statutes and the repeal and recreation of section 632.38 (title) and (1) (c) of the statutes take effect on the first day of the 49th month beginning after publication.

SB225-SSA1,4,12 (End)