AB 31 — Relating to: repair and replacement of implements of husbandry under warranty.

- 2026 LEGISLATURE LRBa0548/1LRB-1303/1 ZDW:cjsZDW:cdc ASSEMBLY AMENDMENT 3, TO ASSEMBLY BILL 31 OctoberFebruary 23,17, 2025 - OfferedIntroduced by RepresentaITTL.TRepresentatives AtT theITTL, locationsPRONSCHINSKE indicated,, amendA theNDERSON, billB asEHNKE, follows:B ILLING, D ITTRIC, G OEBEN, K REIBIC, M IRESSE, M URPHY, M URSAU, O'CONNOR , PRADO, W ICHGERS, TRANEL and D ONOVAN , cosponsored by Senators ACQUE and T OMCZYK .

Referred to Committee on Agriculture.

A N A CT to create subchapter XI of chapter 218 [precedes 218.60] of the statutes;

relating to:

repair and replacement of implements of husbandry 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.

- 2026 Legislature - 2 - LRB-1303/1 ZDW:cdc ASSEMBLY BILL 31 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

Subchapter XI of chapter 218 [precedes 218.60] of the statutes is created to read:

CHAPTER 218 SUBCHAPTER XI IMPLEMENTS OF HUSBANDRY 218.60 Repair and replacement of implements of husbandry under warranty.

(1) In this section:

(a) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative implement of husbandry.

“Collateral costs” does not include incidental or consequential damages, including loss of profits as a result of a nonoperational implement of husbandry.

(b) “Consumer” means any of the following:

PageThe 3,purchaser lineof 21:a new implement of husbandry if the implement of husbandry was purchased from an authorized dealer for purposes other than resale.

delete the material beginning with that line and ending with page 4, line 2, and substitute:

X(f) XUnsuccessful attempt to repairY means a repair attempt that does not correct the nonconformity for which the repair work is conducted.Y.

PageA 4,person lineto 14:whom an implement of husbandry is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the implement of husbandry that was extended when the implement of husbandry was new and first sold by an authorized dealer for purposes other than resale.

delete Xdays,Y and substitute Xdays for factors that are within the manufacturer[s control,Y.

PageA 4,person linewho 20:may enforce an express warranty applicable to an implement - 2026 Legislature - 3 - LRB-1303/1 ZDW:cdc ASSEMBLY BILL 31 SECTION 1 of husbandry that was extended when the implement of husbandry was new and first sold by an authorized dealer for purposes other than resale.

delete Xcosts.Y and substitute Xcosts, less a reasonable allowance for use.Y.

PageA 5,person linewho 9:leases a new implement of husbandry from a lessor under a written lease.

delete(c) lines“Implement 9of tohusbandry” 18has andthe substitute:meaning given in s.

X(4)340.01 A(24). consumer who elects to receive a refund under sub.

(3)(d) shall“Nonconformity” notifymeans a condition or defect that substantially impairs the -use, 2026value, Legislatureor -safety 2of -an LRBa0548/1implement ZDW:cjsof manufacturerhusbandry inand writing.that is covered by an express warranty applicable to the implement of husbandry or to a component of the implement of husbandry.

Not“Nonconformity” laterdoes thannot 30include daysa aftercondition receivingor writtendefect noticethat fromis the consumer,result theof manufacturerabuse, shallneglect, providefailure to operate and maintain the consumerimplement of husbandry in accordance with the refund.manufacturer’s operator’s manual and recommended maintenance schedule, or unauthorized modification or alteration of the implement of husbandry by a consumer.

Upon(e) receipt“Out of service” means that the refund,implement of husbandry is unable to be used by the consumer shalleither returnbecause of a nonconformity for which 2 or more unsuccessful attempts to repair have been made and the implement of husbandry havinghas been returned to the nonconformityconsumer or remains with the consumer awaiting further repair attempts or because the implement of husbandry is in the possession of the manufacturer, lessor, or any of the manufacturer’s authorized dealers for the purpose of performing repairs to correct the manufacturer.Y.same nonconformity.

5.(f) “Unsuccessful attempt to repair” means a repair attempt that does not correct the nonconformity for which the repair work is conducted and for which - 2026 Legislature - 4 - LRB-1303/1 ZDW:cdc ASSEMBLY BILL 31 SECTION 1 active repair work on the nonconformity stops and does not begin again within 24 hours of the previous repair work.

Page(2) 6,If linean 4: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 before the expiration of the warranty or one year after first delivery of the implement of husbandry to a consumer, whichever is sooner, the manufacturer, lessor, or authorized dealer shall repair the nonconformity.

(3) If, before the expiration of the warranty or one year after XhusbandryYfirst insertdelivery Xthatof the implement of husbandry, whichever is valuedearlier, ata $100,000manufacturer, lessor, or moreauthorized dealer attempts to repair a nonconformity not fewer than 4 times and thatthe wasY.nonconformity is not repaired, or if an implement of husbandry is out of service for an aggregate of not less than 30 days, the consumer is entitled to a replacement or refund, and the manufacturer shall do one of the following as directed by the consumer:

6.(a) Accept return of the implement of husbandry and replace the implement of husbandry with a comparable new implement of husbandry and refund any collateral costs, to the extent that the manufacturer, lessor, or authorized dealer does not mitigate collateral costs.

Page(b) 6,Accept linereturn 20:of the implement of husbandry and refund to the consumer and to any holder of a perfected security interest in the consumer’s implement of husbandry, as their interest may appear, the full purchase price plus any sales tax, - 2026 Legislature - 5 - LRB-1303/1 ZDW:cdc ASSEMBLY BILL 31 SECTION 1 finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use.

after(c) thatIf linethe insert:implement of husbandry is leased, accept return of the implement of husbandry, refund to the lessor and to any holder of a perfected security interest in the implement of husbandry, as their interest may appear, the current value of the written lease, and refund to the consumer the amount the consumer paid under the written lease plus any sales tax and collateral costs, less a reasonable allowance for use.

XSECTION(4) 9m.A consumer who elects to receive a refund under sub.

Initial(3) applicability.shall notify the manufacturer.

(1)Not Thislater actthat first30 appliesdays toafter anreceiving implementnotice offrom husbandrythe thatconsumer, isthe deliveredmanufacturer toshall aprovide the consumer onwith the effectiverefund. date of this subsection.

SUpon ECTIONreceipt 10m.of the refund, the consumer shall return the implement of husbandry having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title for the implement of husbandry or all endorsements necessary to transfer the title to the manufacturer.

EffectiveIf date.another person is in possession of the certificate of title, that person shall, upon request of the consumer, provide the manufacturer with the certificate of title upon satisfaction of any security interest the person has in the implement of husbandry.