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AB147: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2476/1
JAM:cdc
2025 ASSEMBLY BILL 147
March 17, 2025 - Introduced by Representatives
J. Jacobson
,
Billings
,
Johnson
,
Roe
,
Cruz
,
Emerson
,
Goodwin
,
Miresse
,
Joers
,
Phelps
,
Madison
,
Stubbs
,
Clancy
,
Subeck
,
Palmeri
,
McCarville
,
DeSmidt
,
Tenorio
,
Fitzgerald
,
Brown
and
Behnke
, cosponsored by Senators
Pfaff
,
Keyeski
,
Ratcliff
,
Roys
,
Hesselbein
,
Smith
,
Spreitzer
,
Larson
,
Dassler-Alfheim
and
Wall
. Referred to Committee on State Affairs.
AB147,1,2
1
An Act
to create
100.204 of the statutes;
relating to:
the right to repair
2
agricultural equipment, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires agricultural equipment manufacturers to upon request make available to agricultural equipment owners and independent service providers any documentation, data, embedded software, firmware, parts, or tools that are intended for use with agricultural equipment, at certain fair costs and fair terms as articulated in the bill. “Equipment” is defined in the bill to include equipment or parts that are designed primarily for use in the operation of a farm or in farm-related activities, including any combine, tractor, sprayer, implement, or attachment used in planting, cultivating, irrigating, harvesting, or ranching, but not including vehicles or self-propelled machines designed primarily for the transportation of persons or property on a street or highway, aircraft, snowmobiles, personal watercraft or motorboats, or equipment or parts used for irrigation purposes. “Data” is defined in the bill to mean information that a manufacturer gathered, transmitted, or compiled that arose from the operation of an owner’s equipment and for which the associated owner has provided consent and authorization for the manufacturer to share.
The bill generally does not require manufacturers to provide documentation, parts, embedded software, firmware, or tools that would require a manufacturer to divulge a trade secret. The bill exempts manufacturers and equipment dealers from liability stemming from an owner’s or independent repair provider’s faulty or otherwise improper repair that causes damage or loss of use of equipment, and exempts manufacturers from liability for an action resulting from a person’s use or reliance upon data that the manufacturer provided to a person.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB147,1
1
Section
1
.
100.204 of the statutes is created to read:
AB147,2,3
2
100.204
Right to repair agricultural equipment.
(1)
Definitions
. In
3
this section:
AB147,2,5
4
(a) “Authorized repair provider” means a person that is not affiliated with a
5
manufacturer. “Authorized repair provider” includes all of the following:
AB147,2,6
6
1. A manufacturer, if all of the following apply:
AB147,2,8
7
a. The manufacturer offers to an owner of the manufacturer’s equipment or
8
part a service related to the owner’s equipment or part.
AB147,2,13
9
b. The manufacturer does not have an arrangement with a person in which
10
the manufacturer, for the purpose of the person providing a service to an owner
11
regarding the owner’s equipment or a part, grants the person an authorization to
12
act on behalf of the manufacturer or grants the person a license to use a trade
13
name, service mark, or other proprietary identifier.
AB147,2,18
14
2. A person affiliated with a manufacturer if the affiliation is through an
15
arrangement in which the manufacturer, for the purpose of the person providing a
16
service to an owner regarding the owner’s equipment or a part, grants the person
17
an authorization to act on behalf of the manufacturer or grants the person a license
18
to use a trade name, service mark, or other proprietary identifier.
AB147,3,4
1
(b) “Data” means information that a manufacturer gathered, transmitted, or
2
compiled that arose from the operation of an owner’s equipment and for which the
3
associated owner has provided consent and authorization for the manufacturer to
4
share.
AB147,3,9
5
(c) “Documentation” means an electronic or tangible manual, diagram,
6
schematic diagram, reporting output, service code description, security code or
7
password or other similar type of guidance or information that a manufacturer
8
provides to an authorized repair provider to assist the authorized repair provider
9
with a service performed on the manufacturer’s equipment or part.
AB147,3,16
10
(d) “Embedded software” means programmable instructions provided on
11
firmware delivered with or loaded on an electronic component of equipment or a
12
part for the purpose of restoring or improving operation of the piece of equipment or
13
part. “Embedded software” includes all relevant patches and fixes that the
14
manufacturer makes to equipment or a part for the purpose of restoring or
15
improving the equipment or part, and an internal operating system, machine code,
16
assembly code, root code, and microcode.
AB147,3,23
17
(e) “Equipment” means equipment or parts that are designed primarily for
18
use in the operation of a farm or in farm-related activities, including any combine,
19
tractor, sprayer, implement, or attachment used in planting, cultivating, irrigating,
20
harvesting, or ranching. “Equipment” does not include vehicles or self-propelled
21
machines designed primarily for the transportation of persons or property on a
22
street or highway, aircraft, snowmobiles, personal watercraft or motorboats, or
23
equipment or parts used for irrigation purposes.
AB147,4,2
1
(f) “Equipment dealer” means a person engaged in the retail sale of
2
equipment.
AB147,4,7
3
(g) 1. Except as provided in subds. 2. and 3., “fair costs” means costs assessed
4
under equitable terms and in a manner that is fair to both parties to a transaction
5
in light of any agreed-upon conditions, promised quality, and timeliness of delivery,
6
and in a manner that does not discourage or disincentivize an equipment owner or
7
an independent repair provider from making repairs.
AB147,4,12
8
2. In regards to documentation, “fair costs” means that the manufacturer
9
provides the documentation, including any relevant updates to the documentation,
10
for free, except that a manufacturer may charge a fee for a printed copy of the
11
documentation, which fee may amount only to the manufacturer’s actual cost to
12
prepare and send the printed documentation.
AB147,4,14
13
3. In regards to embedded software, “fair costs” means that the manufacturer
14
provides the embedded software in all of the following ways:
AB147,4,16
15
a. For free, and without requiring authorization, Internet access, or other
16
impediments to use.
AB147,4,18
17
b. In the course of effectuating the diagnosis, maintenance, or repair and
18
enabling the full functionality of the equipment or part.
AB147,4,20
19
c. In a manner that does not impair the efficient and cost-effective
20
performance of the equipment or part.
AB147,4,22
21
(h) “Fair terms” means terms that do not impose on an owner or independent
22
repair provider any of the following:
AB147,5,2
1
1. A substantial obligation to use, or a restriction on the use of, embedded
2
software, firmware, a part, or tool.
AB147,5,4
3
2. A condition that the owner or independent retail provider become an
4
authorized repair provider of a manufacturer.
AB147,5,8
5
3. A requirement that embedded software, firmware, a part, or a tool be
6
registered, paired with, or approved by a manufacturer or an authorized repair
7
provider in order for the embedded software, firmware, part, or tool to be
8
operational.
AB147,5,11
9
(i) “Firmware” means a software program or set of instructions programmed
10
on equipment or a part that allows the equipment or part to function or
11
communicate with itself or other computer hardware.
AB147,5,15
12
(j) “Independent repair provider” means a person who is not a manufacturer’s
13
authorized repair provider or a person affiliated with a manufacturer’s authorized
14
repair provider and who is engaged in the offering of or providing a service.
15
“Independent repair provider” includes all of the following:
AB147,5,22
16
1. An authorized repair provider that is offering or providing a service for a
17
different manufacturer than a manufacturer with whom the authorized repair
18
provider is affiliated through an arrangement in which the manufacturer, for the
19
purposes of providing a service to an owner regarding the owner’s equipment or
20
part, grants the person authorization to act on behalf of the manufacturer or grants
21
the person a license to use a trade name, service mark, or other proprietary
22
identifier.
AB147,5,24
23
2. A manufacturer who is offering or providing a service for a different
24
manufacturer’s equipment or part.
AB147,6,3
1
(k) “Manufacturer” means a person in this state engaged in the business of
2
selling, leasing, or otherwise supplying new equipment or parts that have been
3
manufactured by the person, or on behalf of the person, to any other person.
AB147,6,5
4
(L) “Owner” means a person that owns equipment or a part or an agent of a
5
person that owns equipment or a part.
AB147,6,7
6
(m) “Part” means a replacement part for equipment that a manufacturer
7
offers for sale or otherwise makes available for the purpose of providing a service.
AB147,6,9
8
(n) “Service” means a diagnostic, maintenance, or repair service performed on
9
equipment or a part.
AB147,6,13
10
(o) “Tool” means a hardware implement, software program, or other
11
apparatus used for programming, pairing, calibrating functionality, diagnosis,
12
maintenance, or repair of equipment or parts, including software or another
13
mechanism that does any of the following:
AB147,6,14
14
1. Provides, programs, or pairs a new part.
AB147,6,15
15
2. Calibrates functionality.
AB147,6,17
16
3. Performs any other function required to return the equipment or part to
17
fully functional condition.
AB147,6,18
18
(p) “Trade secret” has the meaning given in s. 134.90 (1) (c).
AB147,6,22
19
(2)
Manufacturer requirements
. (a) Subject to pars. (b) and (c), a
20
manufacturer shall upon request, using fair terms and fair costs, make available to
21
an independent repair provider or owner of the manufacturer’s equipment or part
22
all of the following:
AB147,7,2
23
1. Any documentation, data, embedded software, firmware, part, or tool that
1
is intended for use with the equipment or part, including updates to
2
documentation, parts, embedded software, firmware, or tools.
AB147,7,8
3
2. With respect to equipment that contains an electronic security lock or other
4
security-related function, any documentation, data, embedded software, firmware,
5
part, or tool that is needed to reset the lock or function when disabled in the course
6
of providing a service. The manufacturer may make the documentation, embedded
7
software, firmware, part, or tool available to the independent retail provider or
8
owner through appropriate secure release systems.
AB147,7,10
9
(b) Paragraph (a) does not apply to a part that is no longer available to the
10
manufacturer.
AB147,7,15
11
(c) 1. Paragraph (a) does not require a manufacturer to divulge a trade secret,
12
except that a manufacturer may not refuse to make available to an independent
13
repair provider or owner any documentation, data, embedded software, firmware,
14
part, or tool necessary to provide a service on the grounds that the documentation,
15
data, embedded software, firmware, part, or tool itself is a trade secret.
AB147,7,17
16
2. In response to a request made under par. (a), a manufacturer may do any of
17
the following:
AB147,7,20
18
a. Redact trade secrets from portions of provided documentation if the
19
usability of the redacted documentation for the purpose of providing a service is not
20
diminished.
AB147,8,2
21
b. Withhold information regarding a component, design, functionality, or
22
process of development of provided embedded software, firmware, a part, or a tool if
1
the information is a trade secret and the usability of the embedded software,
2
firmware, part, or tool is not diminished.
AB147,8,7
3
(d) In regards to a contract or arrangement entered into, renewed, or modified
4
on or after the effective date of this paragraph .... [LRB inserts date], a term,
5
provision, agreement, or language in the contract or arrangement that waives,
6
avoids, restricts, or limits the manufacturer’s obligations under this subsection is
7
void and unenforceable.
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