Bill Summary – FastDemocracy

HOUSE BILL NO. 4651
     May 24, 2023, Introduced by Reps. McKinney and Zorn and referred to the Committee on
       Agriculture.
          A bill to provide definitions for the agricultural equipment
    repair act.
                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 1. As used in the agricultural equipment repair act:
       (a) "Authorized repair provider" means, with respect to an
 original equipment manufacturer, a person that is unaffiliated with
 the original equipment manufacturer and that has an arrangement
 with the original equipment manufacturer, for a definite or
 indefinite period, under which the original equipment manufacturer
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 grants to the person a license to use a trade name, service mark,
 or other proprietary identifier for the purposes of offering the
 services of diagnosis, maintenance, or repair of electronics-
 enabled agricultural equipment under the name of the original
 equipment manufacturer, or otherwise to offer those services on
 behalf of the original equipment manufacturer. An original
 equipment manufacturer that offers diagnosis, maintenance, or
 repair services of its own electronics-enabled agricultural
 equipment and that does not have an arrangement described in this
 subdivision with an unaffiliated person is considered an authorized
 repair provider with respect to that equipment.
       (b) "Documentation" means any manual, diagram, reporting
 output, service code description, schematic, product guide, or
 other guidance or information used for purposes of diagnosis,
 maintenance, or repair services of electronics-enabled agricultural
 equipment.
       (c) "Electronics-enabled agricultural equipment" means any
 product, part of a product, or attachment to a product, when sold
 or leased for use in farming, ranching, or other agriculture, that
 depends, in whole or in part, on digital electronics embedded in or
 attached to the product to function. The term includes, but is not
 limited to, a tractor, trailer, combine, tillage, planting,
 irrigation, or cultivating implement, baler, unmanned aircraft
 system, or off-road vehicle. The term does not include a motor
 vehicle or a wireless communication device, computer, or other
 consumer electronic device.
       (d) "Embedded software" means any programmable instructions
 provided on firmware delivered with electronics-enabled
 agricultural equipment, or with a part for electronics-enabled
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 agricultural equipment, for purposes of equipment operation,
 including all relevant patches and fixes made by the original
 equipment manufacturer for this purpose.
       (e) "Fair and reasonable terms" means costs and terms that
 meet all of the following requirements:
       (i) For obtaining a part or tool, documentation, or software,
 costs and terms that meet all of the following:
       (A) Are equivalent to the most favorable costs and terms under
 which an original equipment manufacturer offers the part, tool,
 documentation, or software to an authorized repair provider,
 accounting for any discount, rebate, convenient means of delivery,
 means of enabling fully restored and updated functionality, rights
 of use, or other incentive or preference the original equipment
 manufacturer offers to an authorized repair provider, or any
 additional cost, burden, or impediment the original equipment
 manufacturer imposes on an independent repair provider.
       (B) Are not conditioned on entering an arrangement described
 in subdivision (a).
       (C) Are not conditioned on or do not impose a substantial
 obligation or restriction that is not reasonably necessary for
 enabling the owner or independent repair provider to engage in the
 diagnosis, maintenance, or repair of electronics-enabled
 agricultural equipment made by or on behalf of the original
 equipment manufacturer.
       (ii) For documentation, including any relevant updates, at no
 charge, except that, if the documentation is required in physical
 printed form, a charge may be included for the reasonable actual
 costs of preparing and sending the copy.
       (iii) For software tools, without requiring authorization or
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 internet access, or imposing impediments to access or use, in the
 course of effecting the diagnosis, maintenance, or repair and
 enabling full functionality of electronics-enabled agricultural
 equipment, in a manner that impairs the efficient and cost-
 effective performance of any of those activities.
       (f) "Firmware" means a software program or set of instructions
 programmed on electronics-enabled agricultural equipment or on a
 part for that equipment, to allow the equipment or part to
 communicate within itself or with other computer hardware.
       (g) "Independent repair provider" means, with respect to an
 original equipment manufacturer, a person operating in this state
 that does not have an arrangement described in subdivision (a) with
 the original equipment manufacturer, and that is not affiliated
 with any person that has such an arrangement, and that is engaged
 in diagnosis, maintenance, or repair services of electronics-
 enabled agricultural equipment. An original equipment manufacturer
 or, with respect to that original equipment manufacturer, a person
 that has an arrangement described in subdivision (a) with that
 original equipment manufacturer, or that is affiliated with a
 person that has such an arrangement with that original equipment
 manufacturer, is considered an independent repair provider for
 purposes of those instances in which it engages in diagnosis,
 maintenance, or repair services of electronics-enabled agricultural
 equipment that is not manufactured by or sold under the name of
 that original equipment manufacturer.
       (h) "Motor vehicle" means a vehicle that is designed for
 transporting persons or property on a street or highway and is
 certified by the manufacturer under all applicable federal safety
 and emissions standards and requirements for distribution and sale
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 in the United States.
       (i) "Original equipment manufacturer" means a person engaged
 in the business of selling, leasing, or otherwise supplying new
 electronics-enabled agricultural equipment manufactured by or on
 behalf of itself.
       (j) "Owner" means a person that owns or leases electronics-
 enabled agricultural equipment purchased or used in this state.
       (k) "Part" means any replacement part, either new or used,
 made available by an original equipment manufacturer for purposes
 of maintenance or repair services of electronics-enabled
 agricultural equipment manufactured by or on behalf of, sold by, or
 otherwise supplied by the original equipment manufacturer.
       (l) "Person" means an individual, partnership, corporation,
 association, or other legal entity.
       (m) "Tool" means any software program, hardware implement, or
 other apparatus used for diagnosis, maintenance, or repair of
 electronics-enabled agricultural equipment, including software or
 other mechanisms that provision, program, or pair a new part,
 calibrate functionality, or perform any other function required to
 bring the product back to fully functional condition.
       (n) "Trade secret" means that term as defined in section 2 of
 the uniform trade secrets act, 1998 PA 448, MCL 445.1902.
       Enacting section 1. This act does not take effect unless
 Senate Bill No.____ or House Bill No. 4650 (request no. 00431'23 *)
 of the 102nd Legislature is enacted into law.
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