LRB-1930/1
ARG:jld&amn
2015 - 2016 LEGISLATURE
September 30, 2015 - Introduced by Senator Petrowski, cosponsored by
Representative August. Referred to Committee on Transportation and
Veterans Affairs.
SB274,1,3
1An Act to repeal 218.0171 (8) (a) 1.; and
to amend 218.0171 (2) (a) and 218.0171
2(8) (b) 5. of the statutes;
relating to: reporting a nonconformity under the law
3governing repair, replacement, and refund under a motor vehicle warranty.
Analysis by the Legislative Reference Bureau
Currently the law governing repair, replacement, and refund under a motor
vehicle warranty, commonly referred to as the "lemon law," provides remedies for a
person who purchases or receives (consumer) a motor vehicle having a condition or
defect that substantially impairs the use, value, or safety of the motor vehicle and
that is covered by an express warranty (nonconformity). If a consumer reports a
nonconformity to the manufacturer or the manufacturer's authorized dealer on a
form prescribed by the Department of Transportation (DOT) for reporting a
nonconformity, and if the consumer makes the motor vehicle available for repair
before the warranty expires or within one year after first delivery of the vehicle to
a consumer, whichever is sooner, the consumer is entitled to have the nonconformity
repaired. If certain requirements are satisfied and the nonconformity is not
repaired, the manufacturer must provide the consumer with a comparable new
motor vehicle or a refund. The DOT form for reporting a nonconformity must require
the consumer to provide specified information.
This bill eliminates the requirement that a consumer use a DOT form to report
a nonconformity to a manufacturer under the lemon law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB274,1
1Section
1. 218.0171 (2) (a) of the statutes is amended to read:
SB274,2,82
218.0171
(2) (a) If a new motor vehicle does not conform to an applicable
3express warranty and the consumer reports the nonconformity to the manufacturer,
4the motor vehicle lessor, or any of the manufacturer's authorized motor vehicle
5dealers
on the form specified in sub. (8) (a) 1. and makes the motor vehicle available
6for repair before the expiration of the warranty or one year after first delivery of the
7motor vehicle to a consumer, whichever is sooner, the nonconformity shall be
8repaired.
SB274,2
9Section
2. 218.0171 (8) (a) 1. of the statutes is repealed.
SB274,3
10Section
3. 218.0171 (8) (b) 5. of the statutes is amended to read:
SB274,2,1311
218.0171
(8) (b) 5.
If the form is to be used for the purpose of making an election
12described in par. (a) 2. or 3., a A place on the form to make the election
described in
13par. (a) 2. or 3.
SB274,4
14Section
4.
Initial applicability.
SB274,2,1615
(1) This act first applies to reports of nonconformity made by a consumer on the
16effective date of this subsection.
