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HOUSE
FILE
2763
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2709)
(SUCCESSOR
TO
HSB
751)
(As
Amended
and
Passed
by
the
House
April
27,
2026
)
A
BILL
FOR
An
Act
providing
for
services
relating
to
agricultural
1
production,
providing
penalties,
and
including
effective
2
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
AGRICULTURAL
EQUIPMENT
REPAIR
2
Section
1.
NEW
SECTION
.
322H.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
a.
“Agricultural
equipment”
means
equipment
that
is
6
primarily
designed
for
use
in
a
farming
operation.
7
b.
“Agricultural
equipment”
includes
any
of
the
following:
8
(1)
A
tractor,
trailer,
combine,
sprayer,
tillage
9
implement,
baler,
and
other
equipment
used
to
plant,
cultivate,
10
or
harvest
agricultural
products.
11
(2)
An
attachment
to
and
repair
part
for
equipment
described
12
in
subparagraph
(1).
13
(3)
“Agricultural
equipment”
does
not
include
any
of
the
14
following:
15
(a)
A
self-propelled
vehicle
designed
primarily
for
the
16
transportation
of
individuals
or
property
on
a
street
or
17
highway.
18
(b)
A
powersports
vehicle,
including
any
of
the
following:
19
(i)
A
vehicle
for
off-road
operation.
20
(ii)
A
personal
watercraft
that
is
a
motorboat
that
is
21
designed
to
be
operated
by
a
person
sitting,
standing,
or
22
kneeling
on
the
vessel,
rather
than
the
conventional
manner
of
23
sitting
or
standing
inside
the
vessel,
and
that
is
designed
24
primarily
for
use
off
of
the
public
highways,
and
that
uses
25
either
an
inboard
motor
powering
a
water
jet
pump
or
an
26
outboard
motor-driven
propeller.
27
(iii)
A
snowmobile.
28
(c)
Any
aircraft
used
in
an
agricultural
aircraft
29
operation,
as
defined
in
14
C.F.R.
§137.3.
30
(d)
Any
equipment
designed
and
used
primarily
for
31
irrigation
purposes.
32
2.
a.
“Authorized
repair
provider”
means
a
person
that
33
is
unaffiliated
with
a
manufacturer
other
than
through
an
34
arrangement
with
the
manufacturer,
whether
for
a
definite
or
an
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indefinite
period,
in
which
the
manufacturer,
for
the
purpose
1
of
offering
to
provide
services
to
an
equipment
owner
regarding
2
the
owner’s
equipment
or
a
part,
grants
the
person
any
of
the
3
following:
4
(1)
A
license
to
use
a
trade
name,
service
mark,
or
other
5
proprietary
identifier.
6
(2)
Authorization
under
any
other
arrangement
to
act
on
7
behalf
of
the
manufacturer.
8
b.
“Authorized
repair
provider”
includes
a
manufacturer
that
9
offers
to
provide
services
to
an
owner
of
the
manufacturer’s
10
agricultural
equipment
regarding
the
owner’s
agricultural
11
equipment
or
a
part
if
the
manufacturer
does
not
have
an
12
arrangement
with
an
unaffiliated
person,
as
described
in
13
paragraph
“a”
.
14
3.
“Data”
means,
with
the
consent
of
an
owner,
transmitted
15
or
compiled
information
arising
from
the
operation
of
an
16
owner’s
agricultural
equipment
or
its
parts.
17
4.
“Documentation”
means
a
manual;
diagram,
including
a
18
schematic
diagram;
reporting
output;
service
code
description;
19
security
code
or
password;
or
similar
type
of
guidance
or
20
information,
whether
in
an
electronic
or
tangible
format,
that
21
a
manufacturer
provides
to
an
authorized
repair
provider
to
22
assist
the
authorized
repair
provider
with
services
performed
23
on
the
manufacturer’s
agricultural
equipment
or
a
part.
24
5.
a.
“Embedded
software
for
agricultural
equipment”
means
25
any
programmable
instructions
provided
on
firmware
delivered
26
with
or
loaded
to
the
agricultural
equipment,
with
respect
to
27
agricultural
equipment
operation.
28
b.
“Embedded
software
for
agricultural
equipment”
includes
29
all
relevant
patches
and
fixes
that
the
manufacturer
makes,
30
including
but
not
limited
to
items
described
as
a
basic
31
internal
operating
system,
internal
operating
system,
machine
32
code,
assembly
code,
root
code,
and
microcode.
33
6.
“Equipment
dealer”
means
any
person
primarily
engaged
in
34
the
retail
sale
of
agricultural
equipment.
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7.
“Fair
and
reasonable
terms
and
costs”
means
the
following:
1
a.
With
respect
to
obtaining
documentation,
embedded
2
software,
firmware,
or
tools
from
a
manufacturer
to
provide
3
services.
4
b.
With
respect
to
documentation,
the
manufacturer
provides
5
the
documentation,
including
any
relevant
updates
to
the
6
documentation,
at
no
charge,
except
that
the
manufacturer
may
7
charge
a
fee
for
a
printed
copy
of
the
documentation
if
the
8
amount
of
the
fee
covers
only
the
manufacturer’s
actual
cost
to
9
prepare
and
send
the
printed
copy
of
the
documentation.
10
c.
With
respect
to
tools
that
are
software
programs,
the
11
manufacturer
provides
the
tools
that
are
software
programs
12
subject
to
all
of
the
following:
13
(1)
At
no
charge
and
without
requiring
authorization
or
14
internet
access
or
otherwise
imposing
impediments
to
access
or
15
use.
16
(2)
In
the
course
of
effectuating
the
diagnosis,
17
maintenance,
or
repair
and
enabling
the
full
functionality
of
18
the
agricultural
equipment
or
part.
19
(3)
In
a
manner
that
does
not
impair
the
efficient
and
20
cost-effective
performance
of
the
agricultural
equipment
or
21
part.
22
d.
Notwithstanding
paragraph
“a”
,
parts
shall
be
sold
to
an
23
owner
or
an
independent
repair
provider
under
equitable
terms
24
for
access
to
or
receipt
of
any
part
pertaining
to
agricultural
25
equipment
and
in
a
manner
that
is
any
of
the
following:
26
(1)
Is
fair
to
both
parties
in
light
of
any
agreed-upon
27
conditions,
the
promised
quality,
and
the
timeliness
of
the
28
delivery.
29
(2)
Does
not
discourage
or
disincentivize
repairs
to
be
made
30
by
an
owner
or
an
independent
repair
provider.
31
e.
Terms
are
fair
if
the
terms
do
not
impose
on
an
owner
or
32
independent
repair
provider
any
of
the
following:
33
(1)
Substantial
obligation
to
use,
or
any
restriction
34
on
the
use
of,
a
part,
embedded
software,
embedded
software
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for
agricultural
equipment,
firmware,
or
tool,
including
a
1
condition
that
the
owner
or
independent
repair
provider
become
2
an
authorized
repair
provider
of
the
manufacturer.
3
(2)
A
requirement
that
a
part,
embedded
software,
embedded
4
software
for
agricultural
equipment,
firmware,
or
tool
be
5
registered
or
paired
with
or
approved
by
the
manufacturer
or
an
6
authorized
repair
provider
before
the
part,
embedded
software,
7
embedded
software
for
agricultural
equipment,
firmware,
or
tool
8
is
operational.
9
8.
“Firmware”
means
a
software
program
or
set
of
10
instructions
programmed
on
equipment
or
a
part
to
allow
the
11
equipment
or
part
to
function
or
communicate
with
itself
or
12
with
other
computer
hardware.
13
9.
a.
“Independent
repair
provider”
,
except
as
otherwise
14
provided
in
paragraph
“b”
,
means
a
person
in
the
state
that
is
15
all
of
the
following:
16
(1)
Neither
a
manufacturer’s
authorized
repair
provider
nor
17
affiliated
with
a
manufacturer’s
authorized
repair
provider.
18
(2)
Engaged
in
offering
or
providing
services.
19
b.
“Independent
repair
provider”
includes
all
of
the
20
following:
21
(1)
An
authorized
repair
provider
if
the
authorized
repair
22
provider
is
offering
or
providing
services
for
a
manufacturer
23
other
than
a
manufacturer
with
which
the
authorized
repair
24
provider
has
an
arrangement
described
in
subsection
2.
25
(2)
A
manufacturer
with
respect
to
offering
or
providing
26
services
for
another
manufacturer’s
agricultural
equipment
or
27
part.
28
10.
“Original
equipment
manufacturer”
or
“manufacturer”
29
means
a
person
doing
business
in
the
state
and
engaged
in
30
the
business
of
selling,
leasing,
or
otherwise
supplying
31
agricultural
equipment
or
parts
manufactured
by
or
on
behalf
of
32
itself
to
any
individual,
business,
or
other
entity.
33
11.
“Owner”
means
a
person
that
owns
agricultural
equipment,
34
or
an
agent
of
the
owner.
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12.
“Part”
means
a
new
or
used
replacement
part
for
1
agricultural
equipment
that
a
manufacturer
offers
for
sale
2
or
otherwise
makes
available
for
the
purpose
of
providing
3
services.
4
13.
“Services”
means
diagnostic,
maintenance,
or
repair
5
services
performed
on
agricultural
equipment.
6
14.
“Tools”
means
any
software
program,
hardware
implement,
7
or
other
apparatus
used
for
diagnosis,
maintenance,
or
repair
8
of
agricultural
equipment
or
parts,
including
software
or
9
another
mechanism
that
provides,
programs,
or
pairs
a
new
10
part,
calibrates
functionality,
or
performs
any
other
function
11
required
to
return
the
agricultural
equipment
or
part
to
a
12
fully
functional
condition.
13
15.
a.
“Trade
secret”
means
the
whole
or
any
portion
or
14
phase
of
any
scientific
or
technical
information,
design,
15
process,
procedure,
formula,
improvement,
or
confidential
16
business
or
financial
information;
a
listing
of
names,
17
addresses,
or
telephone
numbers;
or
other
information
relating
18
to
any
business
or
profession
that
is
secret
and
of
value.
19
b.
To
be
a
trade
secret,
the
owner
thereof
must
have
taken
20
measures
to
prevent
the
secret
from
becoming
available
to
21
persons
other
than
those
selected
by
the
owner
to
have
access
22
thereto
for
limited
purposes.
23
Sec.
2.
NEW
SECTION
.
322H.2
Agricultural
equipment
——
24
obligations
regarding
services
——
exemption.
25
1.
Except
as
provided
in
subsection
2,
all
of
the
following
26
apply:
27
a.
For
the
purpose
of
providing
services
for
agricultural
28
equipment
in
the
state,
an
original
equipment
manufacturer
29
shall,
with
fair
and
reasonable
terms
and
costs,
make
30
available
to
an
independent
repair
provider
or
owner
of
the
31
manufacturer’s
equipment
any
documentation,
parts,
embedded
32
software,
embedded
software
for
agricultural
equipment,
33
firmware,
tools,
or,
with
owner
authorization,
data
that
are
34
intended
for
use
with
the
equipment
or
any
part,
including
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updates
to
documentation,
parts,
embedded
software,
embedded
1
software
for
agricultural
equipment,
firmware,
tools,
or,
with
2
owner
authorization,
data.
3
b.
With
respect
to
agricultural
equipment
that
contains
an
4
electronic
security
lock
or
other
security-related
function,
a
5
manufacturer
shall,
with
fair
and
reasonable
terms
and
costs,
6
make
available
to
independent
repair
providers
and
owners
any
7
documentation,
parts,
embedded
software,
embedded
software
8
for
agricultural
equipment,
firmware,
tools,
or,
with
owner
9
authorization,
data
needed
to
reset
the
lock
or
function
when
10
disabled
in
the
course
of
providing
services.
The
manufacturer
11
may
make
the
documentation,
parts,
embedded
software,
embedded
12
software
for
agricultural
equipment,
firmware,
tools,
or,
13
with
owner
authorization,
data
available
to
independent
14
repair
providers
and
owners
through
appropriate
secure
release
15
systems.
16
2.
Subsection
1
does
not
apply
to
any
of
the
following:
17
a.
A
part
that
is
no
longer
available
to
the
original
18
equipment
manufacturer.
19
b.
Conduct
that
would
require
the
manufacturer
to
divulge
20
a
trade
secret,
except
that
a
manufacturer
shall
not
refuse
21
to
make
available
to
an
independent
repair
provider
or
owner
22
any
documentation,
part,
embedded
software,
embedded
software
23
for
agricultural
equipment,
firmware,
tool,
or,
with
owner
24
authorization,
data
necessary
to
provide
services
on
grounds
25
that
the
documentation,
part,
embedded
software,
embedded
26
software
for
agricultural
equipment,
firmware,
tool,
or,
with
27
owner
authorization,
data
itself
is
a
trade
secret.
28
3.
Neither
an
original
equipment
manufacturer
nor
an
29
agricultural
equipment
dealer
is
liable
for
faulty
or
otherwise
30
improper
repairs
provided
by
an
independent
repair
provider
31
or
owner,
including
faulty
or
otherwise
improper
repairs
that
32
cause
any
of
the
following:
33
a.
Damage
to
agricultural
equipment
that
occurs
during
such
34
repairs.
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b.
Any
indirect,
incidental,
special,
or
consequential
1
damages.
2
c.
An
inability
to
use,
or
a
reduced
functionality
of,
a
3
piece
of
agricultural
equipment
resulting
from
the
faulty
or
4
otherwise
improper
repair.
5
4.
A
manufacturer
that
provides
data
to
an
independent
6
repair
provider
in
compliance
with
this
chapter
is
neither
7
responsible
nor
liable
to
the
owner,
the
independent
repair
8
provider,
or
another
party
for
any
action
that
the
independent
9
repair
provider
or
another
party
takes
while
using
or
relying
10
on
the
data.
11
DIVISION
II
12
AGRICULTURAL
DATA
OWNERSHIP
AND
MARKET
COMPETITION
13
Sec.
3.
NEW
SECTION
.
322I.1
Short
title.
14
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
15
Agricultural
Data
Ownership
and
Market
Competition
Act”
.
16
Sec.
4.
NEW
SECTION
.
322I.2
Legislative
findings
and
17
declaration.
18
The
general
assembly
finds
and
declares
all
of
the
19
following:
20
1.
Iowa
agricultural
producers
generate
substantial
data
21
annually,
including
yield
monitor
data,
soil
analyses,
field
22
prescriptions,
weather
correlations,
precision
agriculture
23
measurements,
livestock
health
metrics,
and
operational
24
performance
data.
25
2.
Agricultural
producers
currently
surrender
valuable
26
data
to
equipment
manufacturers,
platform
companies,
and
data
27
service
providers
through
opaque
terms
of
service,
often
28
receiving
no
compensation
for
the
data
and
maintaining
no
29
control
over
its
use.
30
3.
Seed
companies,
insurers,
commodity
traders,
31
agricultural
technology
firms,
financial
institutions,
32
government
agencies,
and
others
pay
premium
prices
for
33
agricultural
data
insights,
while
agricultural
producers
34
receive
no
portion
of
that
value.
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4.
Concentration
of
agricultural
data
collection
and
1
transformation
in
a
small
number
of
equipment
manufacturers
and
2
platform
companies
tends
to
harm
Iowa
agricultural
producers
3
and
rural
communities.
4
5.
Agriculture
is
a
sector
of
critical
importance
to
Iowa’s
5
economy,
food
security,
and
community
development.
6
6.
Raw
agricultural
data,
consisting
of
factual
7
observations
and
measurements
generated
directly
from
8
agricultural
equipment
or
agricultural
production
operations,
9
cannot
be
copyrighted
under
federal
law,
but
when
raw
10
agricultural
data
is
transformed
through
creative
processes,
11
analytical
methods,
or
proprietary
algorithms,
the
transformed
12
agricultural
data
may
be
considered
intellectual
property
and
13
is
eligible
for
full
ownership
protection.
14
7.
Establishing
clear
agricultural
data
ownership
15
principles
that
recognize
agricultural
producers’
full
16
copyright
ownership
of
transformed
agricultural
data
will
17
empower
agricultural
producers
to
capture
fair
market
value
18
for
their
data
while
promoting
transparency,
competition,
and
19
innovation
in
the
agricultural
sector.
20
8.
Preventing
excessive
market
concentration
in
21
agricultural
data
collection
and
transformation
is
essential
22
to
preserving
competitive
markets,
ensuring
fair
prices
for
23
agricultural
producers,
and
avoiding
the
harms
associated
with
24
monopolistic
practices.
25
9.
It
is
therefore
in
the
best
interests
of
the
people
26
of
Iowa
to
establish
clear
and
comprehensive
regulation
of
27
agricultural
data
ownership
and
use
in
support
of
agricultural
28
producers,
the
agricultural
industry,
and
rural
communities.
29
Sec.
5.
NEW
SECTION
.
322I.3
Definitions.
30
As
used
in
this
chapter,
unless
the
context
otherwise
31
requires:
32
1.
“Agricultural
equipment”
means
the
same
as
defined
in
33
section
322H.1.
34
2.
“Agricultural
producer”
or
“producer”
means
a
person
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engaged
in
an
agricultural
production
operation
as
a
landowner,
1
tenant
farmer,
contract
grower,
livestock
owner,
or
other
2
agricultural
operator.
3
3.
“Agricultural
production
operation”
means
any
activity
4
conducted
for
the
purpose
of
producing
an
agricultural
5
commodity,
including
crop
production,
livestock
production,
6
aquaculture,
viticulture,
or
similar
activities.
7
4.
“Data
owner”
means
a
person
that
holds
ownership
rights
8
in
raw
agricultural
data
or
transformed
agricultural
data
under
9
section
322I.4.
10
5.
a.
“Data
service
provider”
means
a
person
that
11
collects,
receives,
accesses,
transmits,
stores,
processes,
12
transforms,
aggregates,
analyzes,
sells,
licenses,
or
13
otherwise
commercializes
raw
agricultural
data
or
transformed
14
agricultural
data.
15
b.
“Data
service
provider”
includes
all
of
the
following:
16
(1)
An
original
equipment
manufacturer,
as
defined
in
17
section
322H.1.
18
(2)
A
platform
provider
that
operates
a
digital
platform,
19
application,
or
service
through
which
raw
agricultural
data
or
20
transformed
agricultural
data
is
collected,
created,
stored,
21
transmitted,
processed,
or
otherwise
made
available.
22
(3)
A
data
aggregator
that
collects,
compiles,
or
processes
23
raw
agricultural
data
from
multiple
agricultural
producers.
24
(4)
An
entity
that
transforms
raw
agricultural
data
into
25
transformed
agricultural
data.
26
(5)
An
entity
that
sells,
licenses,
or
otherwise
27
commercializes
raw
agricultural
data
or
transformed
28
agricultural
data.
29
6.
“Data
transaction”
means
any
sale,
license,
transfer,
30
subscription,
grant
of
access,
or
other
commercial
exchange
31
of
transformed
agricultural
data
or
of
an
ownership
right
in
32
transformed
agricultural
data,
whether
for
a
one-time
payment,
33
recurring
fees,
royalties,
or
other
consideration.
34
7.
“Department”
means
the
department
of
agriculture
and
land
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stewardship.
1
8.
“Landowner”
means
a
person
that
is
a
titleholder,
or
2
holds
a
fee
simple
interest,
a
life
estate
interest,
or
other
3
possessory
interest,
in
agricultural
land.
4
9.
“Livestock”
means
the
same
as
defined
in
section
717.1.
5
10.
“Livestock
owner”
means
a
person
that
holds
ownership
6
rights
in
livestock.
7
11.
“Markets
for
transformed
agricultural
data”
means
the
8
commercial
channels
and
purchasers
of
transformed
agricultural
9
data,
including
all
of
the
following:
10
a.
Crop
insurance
companies
and
reinsurers
seeking
actuarial
11
data
and
risk
assessments.
12
b.
Seed
companies
and
agricultural
biotechnology
firms
13
seeking
performance
validation
data.
14
c.
Commodity
traders
and
futures
markets
seeking
supply
15
forecasts
and
production
analytics.
16
d.
Agricultural
lenders
and
financial
institutions
seeking
17
creditworthiness
assessments
and
collateral
valuations.
18
e.
Carbon
credit
registries
and
environmental
markets
19
seeking
sequestration
verification.
20
f.
Government
agencies
seeking
program
compliance
21
verification
or
statistical
data.
22
g.
Food
processors
and
retailers
seeking
supply
chain
23
transparency
and
sustainability
documentation.
24
h.
Agricultural
input
suppliers
seeking
market
intelligence
25
and
demand
forecasting.
26
i.
Land
valuation
services
and
real
estate
markets
seeking
27
productivity
assessments.
28
j.
Research
institutions
and
universities
seeking
data
for
29
agricultural
studies.
30
k.
Water
districts
and
drainage
districts
seeking
usage
31
optimization
data.
32
l.
Any
other
commercial,
governmental,
academic,
or
33
nonprofit
entity
that
derives
value
from
transformed
34
agricultural
data.
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12.
a.
“Raw
agricultural
data”
means
unprocessed
1
factual
information
and
all
data
generated
directly
from
an
2
agricultural
production
operation,
agricultural
equipment
3
operation,
or
agricultural
land,
and
that
satisfies
both
of
the
4
following:
5
(1)
Has
not
been
converted
to
transformed
agricultural
6
data.
7
(2)
Consists
of
factual
observations
and
measurements
that
8
cannot
be
copyrighted
under
federal
copyright
law.
9
b.
“Raw
agricultural
data”
includes
all
of
the
following:
10
(1)
Yield
data,
soil
data,
crop
data,
and
field
data
as
11
directly
recorded
by
equipment
or
by
manual
observation.
12
(2)
Precision
agricultural
data,
including
global
13
positioning
system
coordinates,
application
rates,
and
sensor
14
readings.
15
(3)
Equipment
operation
data,
diagnostic
data,
telematics
16
data,
and
machine
performance
data
as
generated
by
equipment
17
systems.
18
(4)
Livestock
data,
including
health
records,
production
19
metrics,
breeding
data,
and
performance
measurements.
20
(5)
Weather
data,
environmental
data,
and
climate
data
21
specific
to
agricultural
production
operations.
22
(6)
Input
data,
including
seed,
fertilizer,
pesticide,
23
herbicide,
diesel
exhaust
fluid,
and
fuel
usage
data.
24
(7)
Financial
data
specific
to
agricultural
production
25
operations.
26
13.
“Transformed
agricultural
data”
means
raw
agricultural
27
data
that
has
been
processed,
analyzed,
aggregated,
compiled,
28
or
otherwise
transformed
through
the
application
of
proprietary
29
algorithms,
analytical
methods,
creative
arrangement,
or
other
30
intellectual
processes
sufficient
to
produce
information
that
31
may
be
copyrighted
as
intellectual
property
under
federal
32
copyright
law,
including
all
of
the
following:
33
a.
Agronomic
analyses
and
recommendations
derived
from
raw
34
agricultural
data.
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b.
Predictive
models
and
yield
forecasts
based
on
historical
1
and
current
data.
2
c.
Field
prescriptions
and
variable-rate
application
maps.
3
d.
Comparative
benchmark
reports
and
performance
analyses.
4
e.
Validated
farming
practices
documented
and
substantiated
5
through
operational
data.
6
f.
Crop
insurance
risk
assessments
and
actuarial
analyses.
7
g.
Carbon
sequestration
quantification
and
environmental
8
credit
documentation.
9
h.
Supply
chain
optimization
analyses
and
logistical
models.
10
i.
Equipment
efficiency
analyses
and
maintenance
prediction
11
models.
12
j.
Sustainability
certifications
and
compliance
13
documentation.
14
k.
Market
timing
analyses
and
commodity
trading
insights.
15
l.
Input
optimization
recommendations
and
resource
16
efficiency
analyses.
17
m.
Any
other
compilation,
analysis,
or
derivative
work
that
18
meets
the
originality
threshold
for
copyright
protection
under
19
federal
law.
20
Sec.
6.
NEW
SECTION
.
322I.4
Agricultural
data
ownership
——
21
rights
of
agricultural
producers.
22
1.
An
agricultural
producer
that
generates
raw
agricultural
23
data
from
the
producer’s
agricultural
equipment
or
agricultural
24
production
operation
retains
ownership
of
that
raw
agricultural
25
data
and
may
do
all
of
the
following:
26
a.
Access,
possess,
and
control
the
raw
agricultural
data.
27
b.
Receive
copies
of
the
raw
agricultural
data
in
a
28
standardized,
portable,
machine-readable
format
from
a
data
29
service
provider.
30
c.
Share
the
raw
agricultural
data
with
a
data
service
31
provider
of
the
producer’s
choosing.
32
d.
Request
deletion
of
the
raw
agricultural
data
from
a
data
33
service
provider’s
systems.
34
e.
Receive
information
from
a
data
service
provider
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regarding
how
the
raw
agricultural
data
is
being
used,
1
transformed,
and
commercialized.
2
f.
Receive
fair
market
value
compensation
from
a
data
3
service
provider
when
the
raw
agricultural
data
is
used
4
to
create
transformed
agricultural
data
or
is
otherwise
5
commercialized.
6
2.
An
agricultural
producer
that
provides
raw
agricultural
7
data
to
a
data
service
provider
that
converts
the
raw
8
agricultural
data
into
transformed
agricultural
data
has
full
9
ownership
rights
in
the
transformed
agricultural
data
and
may
10
do
all
of
the
following:
11
a.
Copyright
the
transformed
agricultural
data.
12
b.
Reproduce
the
transformed
agricultural
data.
13
c.
Prepare,
or
contract
for
the
preparation
of,
derivative
14
works
based
on
the
transformed
agricultural
data.
15
d.
Distribute
copies
of
the
transformed
agricultural
data.
16
e.
Display
the
transformed
agricultural
data
publicly.
17
f.
License
or
sell
the
transformed
agricultural
data
in
any
18
market
and
for
any
lawful
purpose.
19
g.
Receive
fair
market
value
compensation
from
a
data
20
service
provider
when
the
transformed
agricultural
data
is
21
commercialized
by
others.
22
3.
a.
Except
as
provided
in
subsection
2,
4,
or
5,
23
raw
agricultural
data
generated
by
a
landowner
from
a
crop
24
production
operation,
and
transformed
agricultural
data
derived
25
from
that
raw
agricultural
data,
belongs
to
the
landowner
of
26
the
agricultural
land
from
which
the
raw
agricultural
data
was
27
generated.
28
b.
A
landowner
that
leases
land
to
a
tenant
farmer
or
other
29
agricultural
producer
retains
ownership
of
the
raw
agricultural
30
data
generated
from
crop
production
on
that
land
unless
31
otherwise
provided
by
written
agreement
between
the
landowner
32
and
the
tenant
farmer
or
other
agricultural
producer.
33
4.
a.
Raw
agricultural
data
generated
from
a
livestock
34
operation,
referred
to
in
this
chapter
as
“livestock
data”
,
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and
transformed
agricultural
data
derived
from
that
raw
1
agricultural
data,
belongs
to
the
owner
of
the
livestock
from
2
which
the
raw
agricultural
data
was
generated,
regardless
of
3
where
the
livestock
is
housed
or
whether
a
person
other
than
4
the
livestock
owner
manages
the
livestock,
unless
otherwise
5
provided
by
written
agreement
between
the
parties.
6
b.
A
landowner
of
land
on
which
a
livestock
operation
is
7
conducted,
and
who
is
not
the
owner
of
the
livestock,
does
8
not
own
and
has
no
claim
to
the
livestock
data
generated
from
9
the
livestock
operation
unless
otherwise
provided
by
written
10
agreement
between
the
owner
of
the
livestock
and
the
landowner.
11
5.
a.
Raw
agricultural
data
generated
from
agricultural
12
equipment
during
an
agricultural
production
operation
that
is
13
related
to
the
use
of
the
agricultural
equipment,
referred
to
14
in
this
chapter
as
“equipment
operation
data”
,
and
transformed
15
agricultural
data
derived
from
that
raw
agricultural
data,
16
belongs
to
the
owner
or
lessee
of
the
agricultural
equipment
17
at
the
time
the
raw
agricultural
data
was
generated,
unless
18
otherwise
provided
by
written
agreement
between
the
parties.
19
b.
In
accordance
with
subsection
3,
even
if
agricultural
20
equipment
is
used
during
crop
production,
raw
agricultural
data
21
generated
from
crop
production
belongs
to
the
landowner
if
the
22
raw
agricultural
data
is
related
to
the
crop
production.
If
23
the
raw
agricultural
data
is
equipment
operation
data
and
is
24
related
to
the
use
of
the
agricultural
equipment
in
the
crop
25
production,
the
raw
agricultural
data
belongs
to
the
owner
or
26
lessee
of
the
agricultural
equipment.
27
6.
a.
A
data
owner’s
rights
regarding
raw
agricultural
data
28
or
transformed
agricultural
data
granted
under
this
chapter
29
shall
not
be
waived
or
transferred
by
a
browsewrap
agreement,
30
a
clickwrap
agreement,
terms
of
service,
an
end
user
license
31
agreement,
or
a
similar
instrument.
32
b.
A
data
owner’s
rights
regarding
raw
agricultural
data
33
or
transformed
agricultural
data
may
be
waived,
transferred,
34
or
voided
only
if
the
data
owner
provides
express,
informed,
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written
consent
that
specifically
acknowledges
the
waiver,
1
transfer,
or
voiding
of
that
right.
2
7.
a.
This
section
does
not
prohibit
parties
from
3
negotiating
alternative
ownership
and
revenue-sharing
4
arrangements
for
raw
agricultural
data
or
transformed
5
agricultural
data
through
written
agreement.
6
b.
An
agricultural
producer
may
negotiate
ownership
7
and
revenue-sharing
arrangements
for
the
producer’s
raw
8
agricultural
data
or
transformed
agricultural
data,
including
9
specific
sharing
arrangements
for
any
of
the
following:
10
(1)
Tenant
farming.
11
(2)
Sharecropping.
12
(3)
A
contract
growing
operation.
13
(4)
A
custom
farming
operation.
14
(5)
An
equipment
leasing
arrangement.
15
Sec.
7.
NEW
SECTION
.
322I.5
Data
monetization
rights
——
16
limits
on
data
service
providers
——
revenue
sharing.
17
1.
An
agricultural
producer
may
monetize,
either
directly
18
or
through
a
data
service
provider
of
the
producer’s
choosing,
19
the
producer’s
transformed
agricultural
data
by
selling,
20
licensing,
or
otherwise
commercializing
the
data
in
markets
for
21
transformed
agricultural
data.
22
2.
A
data
service
provider
shall
not
do
any
of
the
23
following:
24
a.
Prevent,
restrict,
or
impede
an
agricultural
producer
25
from
monetizing
the
producer’s
transformed
agricultural
data
26
through
third
parties.
27
b.
Limit
or
restrict
the
types
of
markets
for
transformed
28
agricultural
data
in
which
an
agricultural
producer
may
29
participate.
30
c.
Impose
contractual
provisions
that
grant
the
data
service
31
provider
exclusive
rights
to
the
agricultural
producer’s
raw
32
agricultural
data
or
transformed
agricultural
data
without
33
fair
market
value
compensation
and
the
informed
consent
of
the
34
agricultural
producer.
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d.
Discriminate
or
retaliate
against
an
agricultural
1
producer
in
terms,
pricing,
or
service
based
on
the
producer’s
2
monetization
of
transformed
agricultural
data.
3
3.
When
a
data
service
provider
sells,
licenses,
or
4
otherwise
commercializes
transformed
agricultural
data,
all
of
5
the
following
shall
apply:
6
a.
The
data
owner
shall
receive
fair
market
value
7
compensation
for
the
use
of
the
data
owner’s
transformed
8
agricultural
data,
and
the
compensation
shall
be
disclosed
by
9
the
data
service
provider
prior
to
the
data
transaction.
10
b.
The
data
service
provider
shall
provide
the
data
11
owner,
upon
request,
with
a
transparent
accounting
of
all
12
data
transactions
involving
the
data
owner’s
transformed
13
agricultural
data,
including
the
markets
in
which
the
14
transformed
agricultural
data
was
sold.
15
c.
A
revenue-sharing
arrangement
established
between
the
16
data
owner
and
the
data
service
provider
shall
be
executed
by
17
written
agreement
between
the
parties
and
shall
specify
the
18
percentage
or
amount
of
revenue
paid
to
the
data
owner.
19
d.
The
data
service
provider
may
contract
with
other
persons
20
to
facilitate
payment
of
revenue
shares
to
data
owners,
but
21
shall
not
reduce
or
delay
payments
to
the
data
owner.
22
Sec.
8.
NEW
SECTION
.
322I.6
Enforcement
——
unfair
or
23
deceptive
trade
practice
——
civil
penalty
——
private
right
of
24
action.
25
1.
A
violation
of
section
322I.5
by
a
data
service
provider
26
is
an
unlawful
practice
under
section
714.16.
27
2.
a.
The
department
shall
serve
as
the
first-line
28
receiving
and
investigating
authority
for
a
violation
of
29
section
322I.5,
and
may
do
any
of
the
following:
30
(1)
Receive
and
investigate
complaints
alleging
violations
31
of
this
chapter.
32
(2)
Refer
complaints
to
the
attorney
general
for
33
enforcement
under
section
714.16.
34
(3)
Publish
annual
reports
on
agricultural
data
market
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concentration
and
compliance
with
this
chapter.
1
b.
The
attorney
general,
on
referral
from
the
department
or
2
upon
the
attorney
general’s
own
initiative,
may
bring
an
action
3
to
enforce
section
322I.5
under
section
714.16,
including
an
4
action
seeking
injunctive
relief,
restitution,
civil
penalties,
5
and
any
other
relief
authorized
by
section
714.16.
6
3.
a.
In
addition
to
any
other
penalty
available
under
7
section
714.16,
a
data
service
provider
that
violates
section
8
322I.5
is
subject
to
a
civil
penalty
of
not
more
than
fifty
9
thousand
dollars
per
violation.
10
b.
Except
for
any
relief
awarded
under
subsection
4,
a
civil
11
penalty
recovered
by
the
attorney
general
or
the
department
12
under
section
322I.5
shall
be
deposited
in
the
general
fund
of
13
the
state.
14
4.
An
agricultural
producer
or
data
owner
aggrieved
by
a
15
violation
of
section
322I.5
may
bring
a
civil
action
in
a
court
16
of
competent
jurisdiction
and,
upon
prevailing,
is
entitled
to
17
all
of
the
following:
18
a.
Actual
damages
or
statutory
damages
of
up
to
ten
thousand
19
dollars
per
violation,
whichever
amount
is
greater.
20
b.
Injunctive
relief.
21
c.
Reasonable
attorney
fees
and
costs.
22
5.
The
remedies
provided
in
this
section
are
cumulative
and
23
are
in
addition
to
any
other
remedies
available
under
law.
24
Sec.
9.
NEW
SECTION
.
322I.7
Rulemaking.
25
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
26
administer
and
enforce
this
chapter.
27
Sec.
10.
NEW
SECTION
.
322I.8
Construction
——
relationship
28
to
chapter
322H.
29
1.
This
chapter
shall
be
construed
independently
of
chapter
30
322H.
31
2.
Except
as
otherwise
expressly
stated
in
statute,
all
of
32
the
following
apply:
33
a.
The
definition
of
“data”
in
section
322H.1
applies
only
34
for
purposes
of
chapter
322H.
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b.
The
definitions
of
“raw
agricultural
data”
and
1
“transformed
agricultural
data”
in
section
322I.3
apply
only
for
2
purposes
of
this
chapter.
3
3.
a.
Nothing
in
this
chapter
limits,
modifies,
4
or
supersedes
the
obligations
of
an
original
equipment
5
manufacturer
under
chapter
322H.
6
b.
Nothing
in
chapter
322H
limits,
modifies,
or
supersedes
7
the
data
ownership
rights
of
an
agricultural
producer
or
data
8
owner
under
this
chapter.
9
Sec.
11.
Section
714.16,
subsection
2,
Code
2026,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
t.
It
is
an
unlawful
practice
for
a
person
12
that
is
a
data
service
provider
acting
in
the
course
of
the
13
person’s
business
to
violate
section
322I.5.
14
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
15
effect
July
1,
2027.
16
Sec.
13.
APPLICABILITY.
This
division
of
this
Act
applies
17
to
transactions
and
conduct
occurring
on
or
after
the
effective
18
date
of
this
division
of
this
Act.
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