Read the full stored bill text
House
File
2709
-
Introduced
HOUSE
FILE
2709
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
751)
A
BILL
FOR
An
Act
providing
for
services
relating
to
agricultural
1
equipment.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
322E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
a.
“Agricultural
equipment”
means
equipment
that
is
4
primarily
designed
for
use
in
a
farming
operation.
5
b.
“Agricultural
equipment”
includes
any
of
the
following:
6
(1)
A
tractor,
trailer,
combine,
sprayer,
tillage
7
implement,
baler,
and
other
equipment
used
to
plant,
cultivate,
8
or
harvest
agricultural
products.
9
(2)
An
attachment
to
and
repair
part
for
equipment
described
10
in
subparagraph
(1).
11
(3)
“Agricultural
equipment”
does
not
include
any
of
the
12
following:
13
(a)
A
self-propelled
vehicle
designed
primarily
for
the
14
transportation
of
individuals
or
property
on
a
street
or
15
highway.
16
(b)
A
powersports
vehicle,
including
any
of
the
following:
17
(i)
A
vehicle
for
off-road
operation.
18
(ii)
A
personal
watercraft
that
is
a
motorboat
that
is
19
designed
to
be
operated
by
a
person
sitting,
standing,
or
20
kneeling
on
the
vessel,
rather
than
the
conventional
manner
of
21
sitting
or
standing
inside
the
vessel,
and
that
is
designed
22
primarily
for
use
off
of
the
public
highways,
and
that
uses
23
either
an
inboard
motor
powering
a
water
jet
pump
or
an
24
outboard
motor-driven
propeller.
25
(iii)
A
snowmobile.
26
(c)
Any
aircraft
used
in
an
agricultural
aircraft
27
operation,
as
defined
in
14
C.F.R.
§137.3.
28
(d)
Any
equipment
designed
and
used
primarily
for
29
irrigation
purposes.
30
2.
a.
“Authorized
repair
provider”
means
a
person
that
31
is
unaffiliated
with
a
manufacturer
other
than
through
an
32
arrangement
with
the
manufacturer,
whether
for
a
definite
or
an
33
indefinite
period,
in
which
the
manufacturer,
for
the
purpose
34
of
offering
to
provide
services
to
an
equipment
owner
regarding
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the
owner’s
equipment
or
a
part,
grants
the
person
any
of
the
1
following:
2
(1)
A
license
to
use
a
trade
name,
service
mark,
or
other
3
proprietary
identifier.
4
(2)
Authorization
under
any
other
arrangement
to
act
on
5
behalf
of
the
manufacturer.
6
b.
“Authorized
repair
provider”
includes
a
manufacturer
that
7
offers
to
provide
services
to
an
owner
of
the
manufacturer’s
8
agricultural
equipment
regarding
the
owner’s
agricultural
9
equipment
or
a
part
if
the
manufacturer
does
not
have
an
10
arrangement
with
an
unaffiliated
person,
as
described
in
11
paragraph
“a”
.
12
3.
“Data”
means,
with
the
consent
of
an
owner,
transmitted
13
or
compiled
information
arising
from
the
operation
of
an
14
owner’s
agricultural
equipment
or
its
parts.
15
4.
“Documentation”
means
a
manual;
diagram,
including
a
16
schematic
diagram;
reporting
output;
service
code
description;
17
security
code
or
password;
or
similar
type
of
guidance
or
18
information,
whether
in
an
electronic
or
tangible
format,
that
19
a
manufacturer
provides
to
an
authorized
repair
provider
to
20
assist
the
authorized
repair
provider
with
services
performed
21
on
the
manufacturer’s
agricultural
equipment
or
a
part.
22
5.
a.
“Embedded
software
for
agricultural
equipment”
means
23
any
programmable
instructions
provided
on
firmware
delivered
24
with
or
loaded
to
the
agricultural
equipment,
with
respect
to
25
agricultural
equipment
operation.
26
b.
“Embedded
software
for
agricultural
equipment”
includes
27
all
relevant
patches
and
fixes
that
the
manufacturer
makes,
28
including
but
not
limited
to
items
described
as
a
basic
29
internal
operating
system,
internal
operating
system,
machine
30
code,
assembly
code,
root
code,
and
microcode.
31
6.
“Equipment
dealer”
means
any
person
primarily
engaged
in
32
the
retail
sale
of
agricultural
equipment.
33
7.
“Fair
and
reasonable
terms
and
costs”
means
the
following:
34
a.
With
respect
to
obtaining
documentation,
embedded
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software,
firmware,
or
tools
from
a
manufacturer
to
provide
1
services.
2
b.
With
respect
to
documentation,
the
manufacturer
provides
3
the
documentation,
including
any
relevant
updates
to
the
4
documentation,
at
no
charge,
except
that
the
manufacturer
may
5
charge
a
fee
for
a
printed
copy
of
the
documentation
if
the
6
amount
of
the
fee
covers
only
the
manufacturer’s
actual
cost
to
7
prepare
and
send
the
printed
copy
of
the
documentation.
8
c.
With
respect
to
tools
that
are
software
programs,
the
9
manufacturer
provides
the
tools
that
are
software
programs
10
subject
to
all
of
the
following:
11
(1)
At
no
charge
and
without
requiring
authorization
or
12
internet
access
or
otherwise
imposing
impediments
to
access
or
13
use.
14
(2)
In
the
course
of
effectuating
the
diagnosis,
15
maintenance,
or
repair
and
enabling
the
full
functionality
of
16
the
agricultural
equipment
or
part.
17
(3)
In
a
manner
that
does
not
impair
the
efficient
and
18
cost-effective
performance
of
the
agricultural
equipment
or
19
part.
20
d.
Notwithstanding
paragraph
“a”
,
parts
shall
be
sold
to
an
21
owner
or
an
independent
repair
provider
under
equitable
terms
22
for
access
to
or
receipt
of
any
part
pertaining
to
agricultural
23
equipment
and
in
a
manner
that
is
any
of
the
following:
24
(1)
Is
fair
to
both
parties
in
light
of
any
agreed-upon
25
conditions,
the
promised
quality,
and
the
timeliness
of
the
26
delivery.
27
(2)
Does
not
discourage
or
disincentivize
repairs
to
be
made
28
by
an
owner
or
an
independent
repair
provider.
29
e.
Terms
are
fair
if
the
terms
do
not
impose
on
an
owner
or
30
independent
repair
provider
any
of
the
following:
31
(1)
Substantial
obligation
to
use,
or
any
restriction
32
on
the
use
of,
a
part,
embedded
software,
embedded
software
33
for
agricultural
equipment,
firmware,
or
tool,
including
a
34
condition
that
the
owner
or
independent
repair
provider
become
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an
authorized
repair
provider
of
the
manufacturer.
1
(2)
A
requirement
that
a
part,
embedded
software,
embedded
2
software
for
agricultural
equipment,
firmware,
or
tool
be
3
registered
or
paired
with
or
approved
by
the
manufacturer
or
an
4
authorized
repair
provider
before
the
part,
embedded
software,
5
embedded
software
for
agricultural
equipment,
firmware,
or
tool
6
is
operational.
7
8.
“Firmware”
means
a
software
program
or
set
of
8
instructions
programmed
on
equipment
or
a
part
to
allow
the
9
equipment
or
part
to
function
or
communicate
with
itself
or
10
with
other
computer
hardware.
11
9.
a.
“Independent
repair
provider”
,
except
as
otherwise
12
provided
in
paragraph
“b”
,
means
a
person
in
the
state
that
is
13
all
of
the
following:
14
(1)
Neither
a
manufacturer’s
authorized
repair
provider
nor
15
affiliated
with
a
manufacturer’s
authorized
repair
provider.
16
(2)
Engaged
in
offering
or
providing
services.
17
b.
“Independent
repair
provider”
includes
all
of
the
18
following:
19
(1)
An
authorized
repair
provider
if
the
authorized
repair
20
provider
is
offering
or
providing
services
for
a
manufacturer
21
other
than
a
manufacturer
with
which
the
authorized
repair
22
provider
has
an
arrangement
described
in
subsection
2.
23
(2)
A
manufacturer
with
respect
to
offering
or
providing
24
services
for
another
manufacturer’s
agricultural
equipment
or
25
part.
26
10.
“Original
equipment
manufacturer”
or
“manufacturer”
27
means
a
person
doing
business
in
the
state
and
engaged
in
28
the
business
of
selling,
leasing,
or
otherwise
supplying
29
agricultural
equipment
or
parts
manufactured
by
or
on
behalf
of
30
itself
to
any
individual,
business,
or
other
entity.
31
11.
“Owner”
means
a
person
that
owns
agricultural
equipment,
32
or
an
agent
of
the
owner.
33
12.
“Part”
means
a
new
or
used
replacement
part
for
34
agricultural
equipment
that
a
manufacturer
offers
for
sale
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or
otherwise
makes
available
for
the
purpose
of
providing
1
services.
2
13.
“Services”
means
diagnostic,
maintenance,
or
repair
3
services
performed
on
agricultural
equipment.
4
14.
“Tools”
means
any
software
program,
hardware
implement,
5
or
other
apparatus
used
for
diagnosis,
maintenance,
or
repair
6
of
agricultural
equipment
or
parts,
including
software
or
7
another
mechanism
that
provides,
programs,
or
pairs
a
new
8
part,
calibrates
functionality,
or
performs
any
other
function
9
required
to
return
the
agricultural
equipment
or
part
to
a
10
fully
functional
condition.
11
15.
a.
“Trade
secret”
means
the
whole
or
any
portion
or
12
phase
of
any
scientific
or
technical
information,
design,
13
process,
procedure,
formula,
improvement,
or
confidential
14
business
or
financial
information;
a
listing
of
names,
15
addresses,
or
telephone
numbers;
or
other
information
relating
16
to
any
business
or
profession
that
is
secret
and
of
value.
17
b.
To
be
a
trade
secret,
the
owner
thereof
must
have
taken
18
measures
to
prevent
the
secret
from
becoming
available
to
19
persons
other
than
those
selected
by
the
owner
to
have
access
20
thereto
for
limited
purposes.
21
Sec.
2.
NEW
SECTION
.
322E.2
Agricultural
equipment
——
22
obligations
regarding
services
——
exemption.
23
1.
Except
as
provided
in
subsection
2,
all
of
the
following
24
apply:
25
a.
For
the
purpose
of
providing
services
for
agricultural
26
equipment
in
the
state,
an
original
equipment
manufacturer
27
shall,
with
fair
and
reasonable
terms
and
costs,
make
28
available
to
an
independent
repair
provider
or
owner
of
the
29
manufacturer’s
equipment
any
documentation,
parts,
embedded
30
software,
embedded
software
for
agricultural
equipment,
31
firmware,
tools,
or,
with
owner
authorization,
data
that
are
32
intended
for
use
with
the
equipment
or
any
part,
including
33
updates
to
documentation,
parts,
embedded
software,
embedded
34
software
for
agricultural
equipment,
firmware,
tools,
or,
with
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owner
authorization,
data.
1
b.
With
respect
to
agricultural
equipment
that
contains
an
2
electronic
security
lock
or
other
security-related
function,
a
3
manufacturer
shall,
with
fair
and
reasonable
terms
and
costs,
4
make
available
to
independent
repair
providers
and
owners
any
5
documentation,
parts,
embedded
software,
embedded
software
6
for
agricultural
equipment,
firmware,
tools,
or,
with
owner
7
authorization,
data
needed
to
reset
the
lock
or
function
when
8
disabled
in
the
course
of
providing
services.
The
manufacturer
9
may
make
the
documentation,
parts,
embedded
software,
embedded
10
software
for
agricultural
equipment,
firmware,
tools,
or,
11
with
owner
authorization,
data
available
to
independent
12
repair
providers
and
owners
through
appropriate
secure
release
13
systems.
14
2.
Subsection
1
does
not
apply
to
any
of
the
following:
15
a.
A
part
that
is
no
longer
available
to
the
original
16
equipment
manufacturer.
17
b.
Conduct
that
would
require
the
manufacturer
to
divulge
18
a
trade
secret,
except
that
a
manufacturer
shall
not
refuse
19
to
make
available
to
an
independent
repair
provider
or
owner
20
any
documentation,
part,
embedded
software,
embedded
software
21
for
agricultural
equipment,
firmware,
tool,
or,
with
owner
22
authorization,
data
necessary
to
provide
services
on
grounds
23
that
the
documentation,
part,
embedded
software,
embedded
24
software
for
agricultural
equipment,
firmware,
tool,
or,
with
25
owner
authorization,
data
itself
is
a
trade
secret.
26
3.
Neither
an
original
equipment
manufacturer
nor
an
27
agricultural
equipment
dealer
is
liable
for
faulty
or
otherwise
28
improper
repairs
provided
by
an
independent
repair
provider
29
or
owner,
including
faulty
or
otherwise
improper
repairs
that
30
cause
any
of
the
following:
31
a.
Damage
to
agricultural
equipment
that
occurs
during
such
32
repairs.
33
b.
Any
indirect,
incidental,
special,
or
consequential
34
damages.
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c.
An
inability
to
use,
or
a
reduced
functionality
of,
a
1
piece
of
agricultural
equipment
resulting
from
the
faulty
or
2
otherwise
improper
repair.
3
4.
A
manufacturer
that
provides
data
to
an
independent
4
repair
provider
in
compliance
with
this
chapter
is
neither
5
responsible
nor
liable
to
the
owner,
the
independent
repair
6
provider,
or
another
party
for
any
action
that
the
independent
7
repair
provider
or
another
party
takes
while
using
or
relying
8
on
the
data.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
regulates
practices
by
an
original
farm
13
equipment
manufacturer
(manufacturer).
For
the
purpose
of
14
providing
services
for
agricultural
equipment
in
the
state,
a
15
manufacturer
must,
with
fair
and
reasonable
terms
and
costs,
16
make
available
to
an
independent
repair
provider
or
owner
of
17
the
manufacturer’s
equipment
any
documentation,
parts,
embedded
18
software,
embedded
software
for
agricultural
equipment,
19
firmware,
tools,
or,
with
owner
authorization,
data
that
are
20
intended
for
use
with
the
equipment
or
any
part,
including
21
updates
to
documentation,
parts,
embedded
software,
embedded
22
software
for
agricultural
equipment,
firmware,
tools,
or,
with
23
owner
authorization,
data.
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