Senate Bill No. [insert bill number] introduces the Agricultural Embedded Software Act, which aims to ensure that embedded software necessary for the functionality of agricultural equipment does not restrict its use, capabilities, or sale. The bill defines key terms such as "agricultural equipment," "authorized repair provider," and "embedded software," and establishes that all embedded software is considered sold rather than licensed. It prohibits manufacturers from requiring owners to enter agreements that limit the use of embedded software and mandates that all rights and privileges transfer to new owners upon sale or transfer of the equipment. Additionally, manufacturers must provide necessary parts, tools, and documentation to owners and independent repair providers to maintain full functionality of the equipment.

The bill also outlines specific requirements for manufacturers, including the obligation to make embedded software and updates freely available, and to ensure that software updates do not diminish the equipment's original functionality, except for safety and security reasons. It prohibits practices that could inhibit repairs or create misleading alerts about parts. Violations of the provisions are classified as unfair or deceptive trade practices, subject to penalties under existing trade laws. The act is set to take effect on January 1, 2026, and is intended to be codified as part of Title 30, chapter 11, part 8 of the Montana Code.