PJK:kaf:km
1997 - 1998 LEGISLATURE
June 4, 1997 - Introduced by Senators Risser, Drzewiecki, Grobschmidt, Wirch,
Clausing, Rosenzweig, Burke
and Rude, cosponsored by Representatives
Freese, Riley, Musser, Reynolds, Urban, Ziegelbauer, Ott, Travis,
Underheim, Notestein, Handrick, Staskunas, Otte, L. Young, Albers,
Hasenohrl, Hahn, Carpenter, Turner, Ryba
and Meyer. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB225,1,3 1An Act to amend 632.38 (title) and 632.38 (2) (title); and to create 632.38 (1)
2(dm) and 632.38 (5) of the statutes; relating to: the use of original
3manufacturer replacement parts.
Analysis by the Legislative Reference Bureau
Under current law, an insurer may not use nonoriginal manufacturer
replacement parts in the repair of an insured's motor vehicle unless the insurer
complies with specific notice requirements. (Nonoriginal manufacturer replacement
parts are nonmechanical sheet metal or plastic parts for the repair of the exterior of
a motor vehicle that are not made by or for the manufacturer of the insured's motor
vehicle.) The notice must clearly identify the replacement parts as nonoriginal
manufacturer replacement parts and advise the insured that warranties on the parts
are provided by the manufacturer of the parts, not the manufacturer of the insured's
motor vehicle. This bill provides that, regardless of the notice requirements for the
use of nonoriginal manufacturer replacement parts, in the repair of an insured's
motor vehicle an insurer must use replacement parts that are made by or for the
manufacturer of the insured's motor vehicle (original manufacturer replacement
parts) if the model year of the insured's motor vehicle is 5 years old or less and if at
the time of contracting for repairs the insured requests the use of original
manufacturer replacement parts.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB225, s. 1
1Section 1. 632.38 (title) of the statutes is amended to read:
SB225,2,3 2632.38 (title) Nonoriginal and original manufacturer replacement
3parts.
SB225, s. 2 4Section 2. 632.38 (1) (dm) of the statutes is created to read:
SB225,2,75 632.38 (1) (dm) "Original manufacturer replacement part" means a
6replacement part that is made by or for the manufacturer of an insured's motor
7vehicle.
SB225, s. 3 8Section 3. 632.38 (2) (title) of the statutes is amended to read:
SB225,2,109 632.38 (2) (title) Notice of intended use of nonoriginal manufacturer
10replacement part
.
SB225, s. 4 11Section 4. 632.38 (5) of the statutes is created to read:
SB225,2,1512 632.38 (5) Use of original manufacturer replacement part. Notwithstanding
13subs. (2) to (4), an insurer or the insurer's representative shall use only original
14manufacturer replacement parts in the repair of an insured's motor vehicle if all of
15the following apply:
SB225,2,1616 (a) The model year of the insured's motor vehicle is 5 years old or less.
SB225,2,1817 (b) At the time of contracting for the repair of the motor vehicle, the insured
18requests that only original manufacturer replacement parts be used.
SB225, s. 5 19Section 5. Initial applicability.
SB225,2,2120 (1) This act first applies to claims under motor vehicle insurance policies issued
21or renewed on the effective date of this subsection.
SB225,2,2222 (End)
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