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HB3617 HFLR Page 1
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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3617 By: Lawson of the House
and
Murdock of the Senate
COMMITTEE SUBSTITUTE
An Act relating to agriculture right to repair;
creating the Oklahoma Agriculture Right to Repair
Act; defining terms; requiring original equipment
manufacturers who sell agricultural equipment and
parts to follow certain requirements; prohibiting
certain acts by original equipment manufacturer;
requiring original equipment manufacturer to make
available certain items; directing the Attorney
General to enforce this act; providing clarification
on exemptions; providing applicability; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4101 of Title 2, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may cited as the "Oklahoma
Agricultural Right to Repair Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4102 of Title 2, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. "Agricultural equipment" or "equipment" means products used
in agricultural, horticultural, viticultural, dairy products,
livestock, and the products thereof, the products of poultry and bee
raising, products of forestry, products used in property
maintenance, and any and all products raised or produced on farms
and processed or manufactured products thereof, transported or
intended to be transported in interstate or foreign commerce.
Agricultural equipment does not include a motor vehicle that is
designed to transport individuals or property on a street or highway
and is certified by a motor vehicle manufacturer under all
requirements for the distribution and sale of motor vehicles in the
United States, industrial, construction, compact construction,
mining, or road-building equipment;
2. "Authorized repair provider" means an individual or business
who has an arrangement with the original equipment manufacturer
under which the original equipment manufacturer grants to the
individual or business a license to use a trade name, service mark,
or other proprietary identifiers for the purposes of offering the
services of diagnosis, maintenance, or repair of agricultural
equipment under the name of the original equipment manufacturer, or
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other arrangement with the original equipment manufacturer to offer
such services on behalf of, or under contract to, the original
equipment manufacturer. An original equipment manufacturer who
offers the services of diagnosis, maintenance, or repair of its own
agricultural equipment shall be considered an authorized repair
provider with respect to such equipment;
3. "Documentation" means any manual, maintenance procedures,
functional and wiring diagrams, reporting output, service code
description, board view file or complete PCB layout, PCB schematic,
security code, password, training material, troubleshooting
information, full list of required tools, full parts list, and other
guidance or information used in effecting the services of diagnosis,
maintenance, or repair of agricultural equipment;
4. "Embedded software" means any programmable instructions
provided on firmware (a software program or set of instructions
programmed on agricultural equipment, or on a part of such
agricultural equipment, to allow the agricultural equipment or part
to communicate within itself or with other computer hardware)
delivered with or loaded to the agricultural equipment, with respect
to agricultural equipment operation, including all relevant patches
and fixes made by the manufacturer, including items described as
"basic internal operating system", "internal operating system",
"machine code", "assembly code", "root code", and "microcode";
5. "Fair and reasonable terms" means all of the following:
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a. with respect to parts, made available by the original
equipment manufacturer, either directly or through an
authorized repair provider, in a manner that:
(1) is not conditioned on or imposing 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 agricultural equipment
made by or on behalf of the original equipment
manufacturer,
(2) does not require a minimum or maximum quantity of
parts that owners and independent repair
providers can purchase, and
(3) does not condition access to parts on any
additional contract other than a purchase order,
b. with respect to documentation, made available by the
original equipment manufacturer without requiring any
contract agreement or account creation and at no
charge except that, when the documentation is
requested in physical printed form, a charge may be
included for the reasonable actual costs of preparing
and sending the copy,
c. with respect to tools, made available by the original
equipment manufacturer at no charge, except that, when
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a tool is requested in physical form, a charge may be
included for the reasonable, actual costs of preparing
and sending such tool,
d. without requiring authorization or Internet access for
the use or operation of such tools, or imposing
impediments to access or use of the tools to diagnose,
maintain, or repair and enable full functionality of
agricultural equipment, and
e. in a manner that does not impair the efficient and
cost-effective performance of any such diagnosis,
maintenance, or repair;
6. "Independent repair provider" means an individual or
business operating in this state that does not have an arrangement
described in paragraph 2 of this section with an original equipment
manufacturer, and who is engaged in the services of diagnosis,
maintenance, or repair of agricultural equipment;
7. "Original equipment manufacturer (OEM)" or "manufacturer"
means a business engaged in the business of selling, leasing, or
otherwise supplying new agricultural equipment manufactured by or on
behalf of itself, to any individual or business;
8. "Owner" means an individual or business who owns or leases
agricultural equipment purchased or used in this state;
9. "Part" means any replacement part, either new or used, made
available or used by an original equipment manufacturer or its
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authorized repair providers for purposes of effecting the services
of maintenance or repair of agricultural equipment manufactured by,
or on behalf of, sold or otherwise supplied by the original
equipment manufacturer;
10. "Parts pairing" refers to the practice by manufacturers of
using software to identify component parts through a unique
identifier;
11. "Tool" means any software program, hardware implement, or
other apparatus used for diagnosis, maintenance, or repair of
agricultural equipment, including software or other mechanisms that
provide, program, or pair a new part, calibrate functionality, or
performs any other function required to bring the product back to
fully functional condition, including any updates;
12. "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or
process, that:
a. derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable by proper means by other
persons who can obtain economic value from its
disclosure or use, and
b. is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy;
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13. "Updates" means recommended corrections or adjustments to
parts, tools, or information that are created and distributed by the
OEM and used in offering the services of diagnosis, maintenance, or
repair of agricultural equipment.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4103 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. For agricultural equipment and parts for such equipment that
are sold or used in Oklahoma, an original equipment manufacturer
shall make available to any independent repair provider or owner of
agricultural equipment manufactured by, on behalf of, or sold by
such original equipment manufacturer, on fair and reasonable terms,
any documentation, parts, and tools, required for the diagnosis,
maintenance, or repair of such agricultural equipment and parts for
such equipment, inclusive of any updates. Such documentation, parts
and tools shall be made available either directly by such original
equipment manufacturer or via an authorized repair provider or
distributor.
B. An original equipment manufacturer shall not use parts
pairing or any other mechanism to:
1. Prevent the installation or functioning of any otherwise-
functional part, including a nonmanufacturer-approved replacement
part or component;
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2. Inhibit or reduce the functioning of any part or board-level
component, such that replacement by an independent repair provider
or the device owner would cause the device to operate with reduced
functionality or performance;
3. Create false, misleading, deceptive, or nondismissible
alerts or warnings about parts;
4. Charge additional fees or increased prices for future
repairs; or
5. Limit who can purchase documentation, parts, and tools or
perform repair services.
C. For equipment that requires deactivating an electronic lock
for purposes of repair, the original equipment manufacturer shall
make available to any owner, or independent repair provider, with
the express permission of the owner, on fair and reasonable terms,
any special documentation, tools, and parts needed to access and
reset the lock or function when disabled in the course of diagnosis,
maintenance, or repair of such equipment. Such documentation,
tools, and parts may be made available through an appropriate secure
release system.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4104 of Title 2, unless there is
created a duplication in numbering, reads as follows:
If the Attorney General determines that a failure to provide
documentation, parts, or tools as described in Section 3 of this act
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constitutes an unfair method of competition, false advertising, or
unfair or deceptive trade practices, all remedies, penalties, and
authority granted to the Attorney General by the Oklahoma Statutes
shall be available to the Attorney General for the enforcement of
this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4105 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. Nothing in this act shall be construed to require an
original equipment manufacturer to divulge any trade secret to any
owner or independent service provider, except as necessary to
perform diagnosis, maintenance, or repair on fair and reasonable
terms.
B. Nothing in this act shall be construed to alter the terms of
any arrangement described in subsection A of Section 3 of this act
in force between an authorized repair provider and an original
equipment manufacturer, including, but not limited to, the
performance or provision of warranty or recall repair work by an
authorized repair provider on behalf of an original equipment
manufacturer and pursuant to such arrangement, except that any
provision in such terms that purports to waive, avoid, restrict or
limit the original equipment manufacturer's obligations to comply
with this act shall be void and unenforceable.
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C. No original equipment manufacturer or authorized repair
provider shall be liable for any damage or injury to any
agricultural equipment caused by an independent repair provider or
owner which occurs during the course of repair, diagnosis, or
maintenance and is not attributable to the original equipment
manufacturer or authorized repair provider other than if the failure
is attributable to design or manufacturing defects.
D. Nothing in this act shall be construed to require a
manufacturer to make available special documentation, tools, and
parts that would disable or override anti-theft security measures
set by the owner of the product without the owner's authorization.
E. Nothing in this act shall be construed to require a
manufacturer to sell a part if the part is no longer available to
the manufacturer.
F. Nothing in this act shall be construed to require a
manufacturer to sell any service materials that would be illegal to
use under federal or state law.
G. Nothing in this act shall be construed to prevent a parts
dealer from marking up goods over the wholesale price.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4106 of Title 2, unless there is
created a duplication in numbering, reads as follows:
This act applies to equipment first manufactured and sold on or
after the effective date of this act.
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SECTION 7. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES
OVERSIGHT, dated 03/04/2026 - DO PASS, As Amended.