The Wisconsin Farm Machinery Lemon Law Bill, Assembly Bill 31, has been scheduled for a hearing. The bill was introduced in February of this year and referred to the Committee on Agriculture. There has been no movement on the bill until it was scheduled for a public hearing in the Agriculture Committee on Tuesday, October 21st at 10:30 am. NAEDA has reached out to the bill sponsor, Representative Tittl (R-Manitowoc), and discussed the bill with other stakeholders.
As for the merits of the bill, the legislative framework largely follows what has been in place on the automotive side for several decades. The devil is always in the details, but overall, this bill is better than most farm machinery lemon laws we have seen. Here are the positive attributes of the bill:
- Mandate placed on manufacturer, not dealer
- No private cause of action created against dealer or manufacturer
- Lemon Law requirements void if equipment is modified
- Requires 4 attempts at repair during warranty period or 1 year from date of sale
There are some improvements we would like to see in the bill and have made these suggestions to the bill sponsor:
- Bill should only apply to first purchaser, not subsequent purchasers during warranty period
- Expressly state no dealer chargebacks
- Provision for dealer reimbursement when providing alternative farm machinery at no cost to consumer
- Allowance for natural disasters, war, and strike when counting unsuccessful attempts at repair
- Better definition of custody for repairs performed in the field
The last farm machinery lemon law bills to pass were in South Dakota, West Virginia, and Arkansas nearly five years ago. Assembly Bill 31 has been introduced in every session since then and has not crossed the finish line yet. We will continue working with the bill sponsor to improve the legislation.
If you have any concerns or questions about this legislation, please contact me directly at ewareham@naeda.com.
