Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                               S.B. 269
Approved for Filing: T. Moore 6
          6 02-21-24 7:57 AM 6
                         FARMING EQUIPMENT AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                    Chief Sponsor: Jen Plumb
                                 House Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill creates a new chapter in Title 70, Commerce and Trade, which establishes the
 right to repair agricultural equipment.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires a manufacturer of agricultural equipment to provide to the owner of the
 equipment, or an unaffiliated repair provider, access to certain data, software,
 software updates, and parts to allow the owner or unaffiliated repair provider to
 perform repairs on the equipment; and
        < exempts a manufacturer from liability for faulty or improper repairs provided by an
 owner or unaffiliated repair provider.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 ENACTS:
                                                                                                     S.B. 269
        13-70-1, Utah Code Annotated 1953
        13-70-2, Utah Code Annotated 1953
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       S.B. 269                                                                       02-21-24 7:57 AM
           13-70-3, Utah Code Annotated 1953
29
 Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 13-70-1 is enacted to read:
           13-70-1. Definitions.
           As used in this chapter:
           (1) (a) "Agricultural equipment" includes:
           (i) a tractor;
           (ii) a trailer;
           (iii) a combine;
           (iv) a sprayer;
           (v) a tillage implement;
           (vi) a baler;
           (vii) a piece of equipment that is primarily designed for use in a farm or ranch
 operation;
           (viii) other implements of husbandry; and
           (ix) attachments to and repair parts for equipment described in Subsections (i) through
 (viii).
           (b) "Agricultural equipment" does not include:
           (i) a self-propelled vehicle designed primarily for the transportation of individuals or
 property on a street or highway;
           (ii) a powersport vehicle as defined in Section 13-35-102;
           (iii) an aircraft used in an agricultural aircraft operation as defined in 14 C.F.R. 137.3;
 or
           (iv) equipment designed and used primarily for irrigation purposes.
           (2) "Authorized repair provider" means:
           (a) a person that has an arrangement with a manufacturer, for a definite or an indefinite
 period, in which the manufacturer, for the purpose of offering to provide services to an
 agricultural equipment owner regarding the agricultural equipment, or a part of the equipment,
 manufactured by the manufacturer, grants the person:
           (i) a license to use a trade name, service mark, or other proprietary identifier of the
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       02-21-24 7:57 AM                                                                           S.B. 269
 manufacturer; and
           (ii) authorization to make repairs on behalf of the manufacturer; or
           (b) a manufacturer that offers to directly provide the services described in Subsection
 (2)(a).
           (3) "Data" means information arising from the operation of an owner's agricultural
 equipment or part of the equipment.
           (4) "Documentation" means guidance or information, whether in an electronic or
 tangible format, that a manufacturer provides to an authorized repair provider for the purpose
 of assisting the authorized repair provider with services performed on agricultural equipment,
 or a part of the equipment, manufactured by the manufacturer, including:
           (a) a manual diagram;
           (b) a schematic diagram;
           (c) reporting output;
           (d) a service code description; or
           (e) a security code or password.
           (5) (a) "Embedded software for agricultural equipment" means programmable
 instructions provided on firmware delivered with or loaded to agricultural equipment.
           (b) "Embedded software for agricultural equipment" includes all relevant patches and
 fixes that the manufacturer makes, including the items described as a basic internal operating
 system, internal operating system, machine code, assembly code, root code, microcode, or a
 similar descriptor.
           (6) "Equipment dealer" means a person, partnership, corporation, association, or other
 form of business enterprise that is primarily engaged in the retail sale of agricultural
 equipment.
           (7) "Fair and reasonable terms and costs" means:
           (a) in relation to agricultural equipment parts, that the parts are sold to an owner or an
 independent repair provider under equitable terms for access to, or receipt of, the part in a
 manner that:
           (i) is fair to both parties in light of agreed upon conditions, the promised quality, and
 the timeliness of the delivery; and
           (ii) does not discourage or disincentivize an owner or an independent repair provider
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       S.B. 269                                                                    02-21-24 7:57 AM
 from making repairs; and
        (b) in relationship to terms, that the terms do not impose on an owner or independent
 repair provider:
        (i) a substantial obligation to use, or a restriction on the use of, a part, embedded
 software, embedded software for agricultural equipment, firmware, or tool, including a
 condition that the owner or independent repair provider become an authorized repair provider
 of the manufacturer; or
        (ii) a requirement that a part, embedded software, embedded software for agricultural
 equipment, firmware, or tool be registered or connected with, or approved by, the manufacturer
 or an authorized repair provider before the part, embedded software, embedded software for
 agricultural equipment, firmware, or tool is operational.
        (8) "Firmware" means a software program or set of instructions programmed on
 agricultural equipment, or a part of the equipment, to allow the equipment or part to function or
 communicate with itself or with other computer hardware.
        Section 2. Section 13-70-2 is enacted to read:
        13-70-2. Equipment manufacturer obligations regarding services -- Exemptions.
        (1) For the purpose of providing services for agricultural equipment in the state, an
 original agricultural equipment manufacturer shall, with fair and reasonable terms and costs,
 make available to an independent repair provider or owner of agricultural equipment
 manufactured by the manufacturer:
        (a) documentation, parts, embedded software, embedded software for agricultural
 equipment, firmware, or tools;
        (b) with consent of the owner of the agricultural equipment, data intended for use with
 the agricultural equipment or a part of the equipment; or
        (c) an update to an item described in Subsection (1)(a) or, with the consent of the
 owner of the agricultural equipment, Subsection (1)(b).
        (2) (a) For agricultural equipment that contains an electronic security lock or another
 security related function, a manufacturer shall, with fair and reasonable terms and costs, make
 available to an independent repair provider or an owner of agricultural equipment
 manufactured by the manufacturer, documentation, parts, embedded software, embedded
 software for agricultural equipment, firmware, or tools, or, with consent of the equipment
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        02-21-24 7:57 AM                                                                          S.B. 269
 owner, data needed to reset the lock or function when disabled in the course of providing
 services.
           (b) The manufacturer may comply with Subsection (2)(a) through a secure release
 system.
           (3) Subsection (1) does not apply to:
           (a) conduct, other than conduct described in Subsection (2)(a), that would require the
 manufacturer to divulge a trade secret; or
           (b) a manufacturer withholding information if:
           (i) the information is a trade secret regarding a component of, design of, functionality
 of, or process of developing:
           (A) a part;
           (B) embedded software;
           (C) embedded software for agricultural equipment;
           (D) firmware; or
           (E) a tool; and
           (ii) withholding the information does not diminish the usability of an item described in
 Subsection (3)(b)(i) for the purpose of providing the services described in Subsection (1).
           (4) Neither an original equipment manufacturer nor an equipment dealer is liable for
 faulty or otherwise improper repairs provided by an independent repair provider or owner,
 including faulty or otherwise improper repairs that cause:
           (a) damage to agricultural equipment that occurs during repairs; or
           (b) an inability to use, or reduced functionality of, agricultural equipment resulting
 from the faulty or improper repair.
           (5) A manufacturer that provides data to an independent repair provider in compliance
 with this section is neither responsible nor liable to the owner, the independent repair provider,
 or another party for an action that the independent repair provider or another party takes while
 using or relying on the data.
           Section 3. Section 13-70-3 is enacted to read:
           13-70-3. Limitations.
           (1) An authorized repair provider or an owner of agricultural equipment may not:
           (a) make a modification to agricultural equipment that deactivates a safety notification
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        S.B. 269                                                                    02-21-24 7:57 AM
 system, except as necessary to provide services;
        (b) access a function of a tool that enables the independent repair provider or owner to
 change the settings for agricultural equipment in a manner that brings the equipment out of
 compliance with federal, state, or local safety or emissions law, except as is temporarily
 necessary to provide services;
        (c) evade emissions, copyright, trademark, or patent laws; or
        (d) engage in other illegal equipment modification activities.
        (2) (a) Subject to Subsection (2)(b), if an agricultural equipment manufacturer enters
 into a nationwide memorandum of understanding regarding a right to repair agricultural
 equipment, the memorandum of understanding governs an owner's right to provide services, or
 engage the services of an independent repair provider, for that manufacturer's brand of
 agricultural equipment.
        (b) A nationwide memorandum of understanding described in Subsection (2)(a) may
 not violate the provisions of this chapter as it relates to agricultural equipment in Utah.
        Section 4. Effective date.
        This bill takes effect on May 1, 2024.
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