Right to repair farm equipment.

2017
STATE OF WYOMING
17LSO-0549
Introduced
1.2

HOUSE BILL

NO.

HB0199

Right to repair farm equipment.

Sponsored by:
Representative(s) Hunt, Blackburn, Halverson, Laursen and Northrup and Senator(s) Christensen and Meier

A BILL

for

AN ACT relating to farm and ranch operations; establishing provisions related to repairing farm equipment; providing definitions; providing a penalty; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 11
‑
44
‑
10
5 and 11
‑
44
‑
106

are
created to read:

11
‑
44
‑
10
5
.

Right to repair
.

(a)

For
farm
equipment sold
or
used in this state, the original
farm
equipment manufacturer shall make available:

(i)

Diagnostic and repair documentation, including repair technical updates and updates and corrections to embedded software, t
o any independent repair provider or owner of
farm
equipment manufactured by the original
farm
equipment manufacturer for no charge or in the same manner as the original
farm
equipment manufacturer makes available the diagnostic and repair documentation to its authorized repair provider;

(ii)

Farm e
quipment
parts
, including any updates to the
farm
equipment's embedded software, f
or purchase by the owner, his agent or any independent repair provider on fair and reasonable terms.

(b)

An original
farm
equipment manufacturer that sells to any independent repair provider or owner any diagnostic, service or repair documentation in a format that is standardized with other original
farm
equipment manufacturers and on terms and conditions more favorable than those under which the authorized repair provider obtains the same diagnostic, service or repair documentation shall be prohibited from requiring an
authorized repair provider to continue purchasing diagnostic, service or repair documentation in a proprietary format, unless the proprietary format includes diagnostic, service or repair documentation or functionality that is not available in a format that is standardized with other original
farm
equipment manufacturers.

(c)

An original
farm
equipment manufacturer of
farm
equipment sold or used in this state shall make available for purchase by owners and independent repair providers all diagnostic repair tools incorporating the same diagnostic, repair and remote communication capabilities that the original
farm
equipment manufacturer makes available to its repair or engineering staff or any authorized repair provider. An original
farm
equipment manufacturer
shall offer such tools for sale to any owner and independent repair provider on fair and reasonable terms. An original
farm
equipment manufacturer that provides diagnostic repair documentation to aftermarket diagnostic tool manufacturers, diagnostic providers or service information publications and systems shall have fully satisfied its obligations under this section and
shall
thereafter not be responsible
for the content and functionality of the aftermarket
diagnostic tools, diagnostics or service information systems.

(d)

Farm equipment manufactured by an o
riginal
farm
equipment manufacturer
that is
sold or used in this state for the purpose of providing security
‑
related functions shall
include
diagnostic, service or repair documentation necessary to reset a security
‑
related electronic function from information provided to an owner or independent repair provider. If excluded under this
section
, the documentation necessary to reset an immobilizer system or security
‑
related electronic module shall be obtained by an owner or independent repair provider through the appropriate secure data release systems.

(
e
)

Nothing in this
section
shall be construed to
:

(i)

Require the original farm equipment manufacturer to sell
farm equipment
parts if the parts are no longer available to the original farm equipment manufacturer or its authorized repair provider;

(ii)

R
equire an original
farm
equipment manufacturer to divulge a trade secret
;

(iii)

A
brogate, interfere with, contradict or alter the terms of any authorized repair agreement executed and in force between an authorized repair provider and original
farm
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
farm
equipment manufacturer pursuant to the authorized repair agreement, except that any provision in the authorized repair agreement purporting to waive, avoid, restrict or limit an original
farm
equipment manufacturer's
compliance with this section
shall be void;

(i
v
)

Require
an original
farm
equipment manufacturer or authorized repair provider to provide an owner or independent repair provider access to nondiagnostic and repair documentation provided to an authorized repair provider by an original
farm
equipment manufacturer pursuant to the terms of an authorizing agreement.

11
‑
44
‑
106
.

Penalty.

An original
farm
equipment manufacturer that violates any provision of
W.S. 11
‑
44
‑
105

is liable for a civil penalty of not more than
five hundred dollars ($500.00) for each violation
.
This penalty may be recovered in a civil action
against the violator
.

Section 2
.

W.S. 11
‑
44
‑
102
(
a)
by creating new paragraphs (iii) through (x
ii
) and by amending and renumbering paragraph (iii) as (x
ii
i) is amended to read:

11
‑
44
‑
102
.

Definitions.

(a)

As used in this act:

(iii)

"Authorized repair provider" means an individual or entity that has an arrangement for a definite or indefinite period in which an original farm equipment manufacturer grants to a separate individual or entity a license to use a trade name, service mark or related characteristic for purposes of offering repair services under the name of the original farm equipment manufacturer;

(iv)

"Embedded software" means any programmable instructions provided on firmware delivered with the
farm
equipment, and all relevant patches and fixes made by the original
farm equipment
manufacturer, for purposes of
farm
equipment operation. "Embedded software" includes a basic internal operating system, an internal operating system, a machine code, an assembly code, a root code and a microcode and other similar components;

(v)

"Fair and reasonable terms" means an equitable price in light of:

(A)

The net cost of the authorized repair provider for similar information obtained from an original
farm
equipment manufacturer, less any discounts, rebates or other incentive programs;

(B)

The cost to the original
farm
equipment manufacturer to prepare and distribute the information, including amortized capital costs for the preparation and distribution of the information, but excluding any research
and development costs incurred in designing and implementing, upgrading or altering the product;

(C)

The price charged by other original
farm
equipment manufacturers for similar information;

(D)

The price charged by original
farm
equipment manufacturers for similar information before the launch of original
farm equipment
manufacturer websites;

(E)

The ability of aftermarket technicians or shops to afford the information;

(F)

The means by which the information is distributed;

(G)

The extent to which the information is used, including the number of users, frequen
cy, duration and volume of use;

(H)

Inflation; and

(J)

Any other relevant factors.

(vi)

"Farm equipment" means equipment that is used or intended for use in a farm or ranch operation, including any combine, tractor, implement, engine, motor or attachment, but excluding a motor vehicle;

(v
i
i)

"Firmware" means a software program or set of instructions programmed on a hardware device to allow the device to communicate with other computer hardware;

(
viii
)

"Independent repair provider" means a person or business operating in this state which is not affiliated with an original
farm
equipment manufacturer or
its
authorized repair provider
and which
is engaged in the diagnosis, service, maintenance or repair of
farm
equipment. "Independent repair provider" includes an original
farm
equipment manufacturer when it engages in the diagnosis, service, maintenance or repair of
farm
equipment that is not affiliated with the original
farm
equipment manufacturer;

(
i
x)

"Motor vehicle" means any vehicle that is designed for transporting persons or property on a street
or highway and is certified by the motor vehicle manufacturer under all applicable federal safety and emissions standards and requirements for distribution and sale in the United States;

(x)

"Original farm equipment manufacturer" means any person or business engaged in the business of
selling or leasing new
farm
equipment to another person or business and engaged in the diagnosis, service maintenance or repair of
farm
equipment;

(xi)

"Part" means any replacement part, either new or used, made available by the original farm equipment manufacturer to the authorized repair provider for purposes of effecting repair;

(x
ii
)

"Trade secret" means as defined in 18 U.S.C. § 1839(3);

(iii)
(x
iii
)

"This act" means W.S. 11
‑
44
‑
101 through
11
‑
44
‑
104
11
‑
44
‑
106
.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0199