Read the full stored bill text
House
File
2442
-
Introduced
HOUSE
FILE
2442
BY
TUREK
A
BILL
FOR
An
Act
providing
for
the
repair
of
certain
equipment
associated
1
with
farm
implements,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
322E.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
2
Fair
Repair
for
Farm
Implements
Act”
.
3
Sec.
2.
NEW
SECTION
.
322E.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Authorized
repair
provider”
means
a
person
other
than
an
7
original
farm
equipment
manufacturer
with
whom
the
manufacturer
8
has
entered
into
an
oral
or
written
agreement
for
a
definite
9
or
indefinite
period,
if
the
manufacturer
grants
to
the
10
person
a
license
to
use
a
trade
name,
service
mark,
or
related
11
characteristic
for
the
purposes
of
offering
repair
services
12
under
the
name
of
the
manufacturer.
13
2.
“Digital
electronic
equipment”
means
a
product
containing
14
an
integrated
circuit,
or
a
replacement
part
for
use
in
a
15
product
containing
an
integrated
circuit,
if
manufactured
for
16
distribution
and
sale
in
the
United
States,
for
installation
in
17
a
farm
implement.
18
3.
a.
“Embedded
software”
means
programmable
instructions
19
provided
on
firmware
delivered
with
digital
electronic
20
equipment
for
the
purposes
of
product
operation,
including
21
all
relevant
patches
and
fixes
made
by
the
original
equipment
22
manufacturer.
23
b.
“Embedded
software”
includes
but
is
not
limited
to
a
24
basic
internal
operating
system,
an
internal
operating
system,
25
a
machine
code,
an
assembly
code,
a
root
code,
and
a
microcode.
26
4.
“Fair
and
reasonable
terms”
means
an
equitable
price
in
27
light
of
relevant
factors,
including
but
not
limited
to
all
of
28
the
following:
29
a.
The
net
cost
to
the
authorized
repair
provider
for
30
similar
information
obtained
from
an
original
equipment
31
manufacturer,
less
any
discounts,
rebates,
or
other
incentive
32
programs.
33
b.
The
cost
to
an
original
farm
equipment
manufacturer
34
for
preparing
and
distributing
the
information,
excluding
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any
research
and
development
costs
incurred
in
designing,
1
implementing,
upgrading,
or
altering
digital
electronic
2
equipment,
but
including
amortized
capital
costs
for
the
3
preparation
and
distribution
of
the
information.
4
c.
The
price
charged
by
an
original
farm
equipment
5
manufacturer
for
similar
information.
6
d.
The
price
charged
by
an
original
farm
equipment
7
manufacturer
for
similar
information
prior
to
the
launch
of
a
8
manufacturer’s
internet
site.
9
e.
The
ability
of
aftermarket
technicians
or
shops
to
afford
10
the
information.
11
f.
The
means
by
which
the
information
is
distributed.
12
g.
The
extent
to
which
the
information
is
used,
including
13
the
number
of
users,
and
the
frequency,
duration,
and
volume
14
of
use.
15
h.
Inflation.
16
5.
“Farm
implement”
means
any
of
the
following:
17
a.
A
type
of
motorized
equipment
that
is
designed
or
18
adapted
and
used
exclusively
for
the
production
of
agricultural
19
commodities,
including
a
crop
as
defined
in
section
202.1
or
20
livestock
as
defined
in
section
717.1.
21
b.
Farm
machinery
and
equipment
exempt
from
sales
tax
as
22
provided
in
section
423.3,
subsection
8,
if
the
farm
machinery
23
and
equipment
is
a
self-propelled
implement
of
husbandry
or
is
24
customarily
drawn
or
attached
to
a
self-propelled
implement
of
25
husbandry.
26
c.
A
farm
tractor,
fence-line
feeder,
or
implement
of
27
husbandry,
as
defined
in
section
321.1.
28
6.
“Firmware”
means
a
software
program
or
set
of
29
instructions
programmed
on
a
hardware
device
to
allow
the
30
device
to
communicate
with
other
computer
hardware.
31
7.
a.
“Independent
repair
provider”
means
a
person
32
operating
a
business
in
this
state,
if
all
of
the
following
33
apply:
34
(1)
The
business
is
engaged
in
the
diagnosis,
service,
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maintenance,
or
repair
of
digital
electronic
equipment.
1
(2)
The
business
is
not
affiliated
with
an
original
farm
2
equipment
manufacturer
or
the
authorized
repair
provider
of
a
3
manufacturer.
4
b.
“Independent
repair
provider”
does
not
include
an
5
original
farm
equipment
manufacturer
engaged
in
the
diagnosis,
6
service,
maintenance,
or
repair
of
digital
electronic
equipment
7
that
is
not
affiliated
with
the
manufacturer.
8
8.
“Interest
holder”
means
a
person
who
holds
a
legal
9
interest
in
digital
electronic
equipment,
including
as
an
10
owner,
lessee,
or
licensee.
11
9.
a.
“Motor
vehicle”
means
any
self-propelled
vehicle
12
subject
to
registration
under
chapter
321.
13
b.
“Motor
vehicle”
does
not
include
a
farm
implement.
14
10.
“Motor
vehicle
dealer”
means
a
person
engaged
in
the
15
business
of
selling
at
retail
motor
vehicles
or
representing
or
16
advertising
that
the
person
is
engaged
or
intends
to
engage
in
17
such
business
in
this
state
as
provided
in
section
322.4.
18
11.
“Motor
vehicle
lessor”
means
a
person
engaged
in
the
19
business
of
leasing
motor
vehicles
for
use
by
others
for
20
compensation
as
provided
in
chapter
321F.
21
12.
“Original
farm
equipment
manufacturer”
or
“manufacturer”
22
means
a
person
who,
in
the
ordinary
course
of
business,
is
23
engaged
in
the
business
of
doing
all
of
the
following:
24
a.
Selling
or
leasing
a
new
farm
implement
that
includes
new
25
digital
electronic
equipment,
including
replacement
parts
of
26
equipment,
to
any
person.
27
b.
Diagnosing,
servicing,
maintaining,
or
repairing
digital
28
electronic
equipment
that
is
part
of
a
new
farm
implement,
29
including
parts
of
such
digital
electronic
equipment.
30
13.
a.
“Replacement
part”
means
any
new
or
used
tangible
31
personal
property
made
available
by
an
original
farm
equipment
32
manufacturer
to
an
authorized
repair
provider
for
purposes
of
33
effecting
a
repair.
34
b.
“Replacement
part”
includes
a
component
of
digital
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electronic
equipment
that
performs
the
same
or
similar
function
1
as
the
component
being
replaced
and
that
restores
digital
2
electronic
equipment
to
an
operational
condition
or
improves
3
the
efficiency
or
capability
of
digital
electronic
equipment
4
that
is
part
of
a
farm
implement.
5
14.
“Trade
secret”
means
anything
tangible
or
intangible
6
or
electronically
stored
or
kept
that
constitutes,
represents,
7
evidences,
or
records
intellectual
property,
including
8
secret
or
confidentially
held
designs,
processes,
procedures,
9
formulas,
inventions,
or
improvements,
or
secret
or
10
confidentially
held
scientific,
technical,
merchandising,
11
production,
financial,
business,
or
management
information,
or
12
any
other
trade
secret
as
defined
in
18
U.S.C.
§1839.
13
Sec.
3.
NEW
SECTION
.
322E.3
Requirements.
14
1.
An
original
farm
equipment
manufacturer
of
a
farm
15
implement
that
includes
digital
electronic
equipment
shall
make
16
diagnostic
and
repair
information,
including
repair
technical
17
updates
and
embedded
software
updates
and
corrections,
18
available
to
any
independent
repair
provider
or
interest
holder
19
of
digital
electronic
equipment
manufactured
by
the
original
20
farm
equipment
manufacturer
for
no
charge
or
in
the
same
21
manner
as
the
manufacturer
makes
such
diagnostic
and
repair
22
information
available
to
authorized
repair
providers.
23
2.
An
original
farm
equipment
manufacturer
of
a
farm
24
implement
that
includes
digital
electronic
equipment
that
25
sells
any
diagnostic
and
repair
information
to
any
independent
26
repair
provider
or
to
any
interest
holder
in
a
format
that
is
27
standardized
with
other
original
farm
equipment
manufacturers,
28
and
on
terms
and
conditions
more
favorable
than
the
manner
29
and
the
terms
and
conditions
pursuant
to
which
the
authorized
30
repair
provider
obtains
the
same
diagnostic
and
repair
31
information,
shall
not
require
an
authorized
repair
provider
32
or
interest
holder
to
continue
purchasing
diagnostic
and
33
repair
information
in
a
proprietary
format,
unless
such
34
proprietary
format
includes
diagnostic
and
repair
information
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or
functionality
that
is
not
available
in
such
standardized
1
format.
2
3.
An
original
farm
equipment
manufacturer
of
a
farm
3
implement
that
includes
digital
electronic
equipment
sold
4
or
used
in
this
state
shall
make
available
for
purchase
5
by
independent
repair
providers
and
interest
holders
all
6
diagnostic
repair
tools
incorporating
the
same
diagnostic,
7
repair,
and
remote
communications
capabilities
that
the
8
original
farm
equipment
manufacturer
makes
available
to
the
9
repair
or
engineering
personnel
employed
by
the
original
farm
10
equipment
manufacturer
or
to
any
authorized
repair
provider.
11
An
original
farm
equipment
manufacturer
shall
offer
such
tools
12
for
sale
to
any
independent
repair
provider
or
interest
holder
13
upon
fair
and
reasonable
terms.
An
original
farm
equipment
14
manufacturer
that
provides
diagnostic
repair
information
15
to
aftermarket
diagnostic
tool
manufacturers,
diagnostics
16
providers,
or
service
information
publications
and
systems
17
shall
not
be
responsible
for
the
content
and
functionality
of
18
such
aftermarket
diagnostic
tools,
diagnostics,
or
service
19
information
systems.
20
4.
Digital
electronic
equipment
included
in
a
farm
21
implement
sold
or
used
in
this
state
for
the
purpose
of
22
providing
security-related
functions
shall
not
exclude
23
diagnostic
and
repair
information
necessary
to
reset
a
24
security-related
electronic
function
from
the
information
25
provided
to
an
independent
repair
provider
or
an
interest
26
holder.
Information
necessary
to
reset
an
immobilizer
system
27
or
other
security-related
electronic
module
shall
be
obtained
28
by
an
independent
repair
provider
or
interest
holder,
or
29
through
the
appropriate
secure
data
release
systems
of
the
30
original
farm
equipment
manufacturer.
31
Sec.
4.
NEW
SECTION
.
322E.4
Applicability.
32
1.
This
chapter
does
not
require
an
original
farm
equipment
33
manufacturer
to
sell
replacement
parts
if
the
replacement
parts
34
are
no
longer
available
to
the
manufacturer
or
an
authorized
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repair
provider
of
the
manufacturer.
1
2.
This
chapter
does
not
apply
to
a
motor
vehicle,
or
any
2
product
or
service
of
a
motor
vehicle
manufacturer,
motor
3
vehicle
dealer,
or
motor
vehicle
lessor.
4
Sec.
5.
NEW
SECTION
.
322E.5
Statutory
construction.
5
This
chapter
shall
not
be
construed
to
do
any
of
the
6
following:
7
1.
Require
an
original
equipment
manufacturer
to
divulge
a
8
trade
secret.
9
2.
Except
as
provided
in
section
322E.8,
abrogate,
10
interfere
with,
contradict,
or
alter
the
terms
of
any
agreement
11
executed
and
in
effect
between
an
authorized
repair
provider
12
and
an
original
farm
equipment
manufacturer,
including
but
not
13
limited
to
the
performance
or
provision
of
warranty
or
recall
14
repair
work
by
an
authorized
repair
provider
on
behalf
of
a
15
manufacturer
pursuant
to
such
agreement.
16
3.
Require
an
original
farm
equipment
manufacturer
or
17
an
authorized
repair
provider
to
provide
an
interest
holder
18
or
independent
repair
provider
access
to
nondiagnostic
19
and
nonrepair
information
provided
by
a
manufacturer
to
20
an
authorized
repair
provider
pursuant
to
the
terms
of
an
21
agreement.
22
Sec.
6.
NEW
SECTION
.
322E.6
Rulemaking
authority.
23
1.
The
attorney
general
shall
adopt
rules
under
chapter
17A
24
and
forms
as
necessary
to
implement
this
chapter.
25
2.
In
prescribing
rules
and
forms
under
this
chapter,
the
26
attorney
general
may
cooperate
with
agencies
that
perform
27
similar
functions
in
other
states
with
a
view
to
effectuating
28
the
policy
of
this
chapter
to
achieve
maximum
uniformity
in
the
29
form
and
content
of
certification,
regulation,
and
procedural
30
evaluation
of
manufacturer-established
programs,
required
31
recordkeeping,
required
reporting
wherever
practicable,
and
32
required
notices
to
consumers.
33
Sec.
7.
NEW
SECTION
.
322E.7
Subpoenas.
34
The
attorney
general
may
enforce
and
ensure
compliance
with
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the
provisions
of
this
chapter
and
rules
adopted
pursuant
to
1
section
322E.6,
may
issue
subpoenas
requiring
the
attendance
2
of
witnesses
and
the
production
of
evidence,
and
may
petition
3
any
court
having
jurisdiction
to
compel
compliance
with
the
4
subpoenas.
5
Sec.
8.
NEW
SECTION
.
322E.8
Certain
provisions
in
6
agreements
void.
7
1.
A
provision
in
an
agreement
entered
into
by
a
consumer
8
that
waives,
limits,
or
disclaims
the
rights
set
forth
in
this
9
chapter
is
void
as
contrary
to
public
policy.
10
2.
A
provision
in
an
agreement
that
waives,
avoids,
11
restricts,
or
limits
an
original
farm
equipment
manufacturer’s
12
compliance
with
this
chapter
shall
be
void
and
unenforceable.
13
Sec.
9.
NEW
SECTION
.
322E.9
Unfair
or
deceptive
trade
14
practice.
15
An
original
farm
equipment
manufacturer
who
violates
this
16
chapter
commits
an
unfair
or
deceptive
trade
practice
as
17
provided
in
section
714.16,
subsection
2,
paragraph
“a”
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
creates
the
“Iowa
Fair
Repair
for
Farm
Implements
22
Act”,
which
restricts
certain
practices
by
an
original
farm
23
equipment
manufacturer
of
digital
electronic
equipment
that
is
24
part
of
a
farm
implement
such
as
a
tractor
subject
to
repair
by
25
the
manufacturer,
an
authorized
repair
provider
affiliated
with
26
the
manufacturer,
an
independent
repair
provider,
or
a
person
27
who
holds
a
legal
interest
in
the
equipment.
28
The
bill
provides
that
a
manufacturer
must
make
certain
29
items
available
to
an
independent
repair
provider
or
a
person
30
holding
a
legal
interest
in
the
digital
electronic
equipment,
31
including
diagnostic
and
repair
information.
The
manufacturer
32
must
also
provide
diagnostic
repair
tools
to
an
independent
33
repair
provider
or
a
person
holding
a
legal
interest
in
the
34
digital
electronic
equipment,
in
the
same
manner
as
provided
to
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an
authorized
repair
provider.
The
sales
terms
must
be
fair
1
and
reasonable
as
defined
in
the
bill.
The
bill
provides
that
2
a
manufacturer
is
not
required
to
provide
replacement
parts
if
3
no
longer
available
to
the
manufacturer
or
an
authorized
repair
4
provider.
The
bill
does
not
require
a
manufacturer
to
divulge
5
a
trade
secret
or
abrogate
warranty
provisions.
A
provision
in
6
an
agreement
that
is
entered
into
by
a
consumer
that
waives
a
7
right
provided
in
the
bill
is
void.
8
The
attorney
general
is
responsible
for
enforcing
the
9
provisions
of
the
bill
and
is
required
to
adopt
rules
necessary
10
to
implement
the
bill’s
provisions.
A
violation
of
the
bill
11
by
a
manufacturer
is
considered
an
unfair
or
deceptive
trade
12
practice.
The
attorney
general
may
bring
a
civil
action
13
against
the
manufacturer,
including
by
seeking
injunctive
14
relief
or
by
asking
a
court
to
impose
a
civil
penalty
not
to
15
exceed
$40,000
per
violation.
16
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