Right to repair farm equipment.

2018
STATE OF WYOMING
18LSO-0407
Numbered
1.3

HOUSE BILL

NO.
HB0091

Right to repair farm equipment.

Sponsored by:
Representative(s) Hunt, Halverson, Miller, Steinmetz and Walters and Senator(s) Driskill and Moniz

A BILL

for

AN ACT relating to farm and ranch operations; establishing provisions related to repairing farm equipment; requiring original farm manufacturers to make parts, documents and information available as specified; imposing other duties and prohibitions 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
‑
105
is
created to read:

11
‑
44
‑
105
.

Right to repair

farm
equipment
; penalt
y
.

(a)

For farm equipment sold or used in this state, a
n
original farm equipment manufacturer

shall make available:

(i)

Diagnostic
,
service
and repair documentation, including repair technical updates and embedded software
corrections and updates
, to
an 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 the diagnostic
, service
and repair documentation
available
to an
authorized repair provider;

(ii)

Farm equipment parts for purchase by the owner, his agent or an independent repair provider on
fair and reasonable terms
;

(iii)

For purchase by an owner or independent repair provider all diagnostic
and
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 an authorized repair provider. An original farm
equipment manufacturer shall offer the tools for sale to an owner or independent repair provider on fair and reasonable terms. An original farm equipment manufacturer that provides diagnostic or repair documentation to aftermarket diagnostic tool manufacturers, diagnostic providers or service information publications and systems shall be deemed to have satisfied its obligations under this subsection and shall thereafter not be responsible for the content and functionality of the aftermarket diagnostic tools, diagnostics or service information systems.

(b)

An original farm equipment manufacturer
that
sells to an owner
or independent repair provider
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
an
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
)

Except as otherwise provided in this subsection, a
n original farm equipment manufacturer
that sells farm equipment
in this state
with
security

related functions shall
in
clude

in the transaction
diagnostic, service and
repair documentation necessary to reset a security

related electronic function
using
information provided to an owner or independent repair provider.
If necessary for security purposes, an original farm equipment manufacturer may exclude
such documentation
from the transaction, provided that the original farm equipment manufacturer shall make

the
documentation
available

to
an owner or independent repair provider through the appropriate secure data release systems.

(
d
)

Nothing in this section shall be construed to:

(i)

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

(ii)

Require an original farm equipment manufacturer to divulge a trade secret;

(iii)

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

(iv)

Require an original farm equipment manufacturer or authorized repair provider to provide an owner or independent repair prov
ider access to nondiagnostic or

non
repair documentation provided to an authorized repair provider by an original farm equipment
manufacturer pursuant to the terms of an authorizing agreement.

(
e
)

An original farm equipment manufacturer that violates any provision of
this section
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
i
) and by amending and renumbering paragraph (iii) as (xi
i
) is amended to read:

11
‑
44
‑
102
.

Definitions.

(a)

As used in this act:

(iii)

"Authorized repair provider" means
a person

who
has an a
gree
ment for a
ny
period
of time
in which an original farm e
quipment manufacturer grants the
person
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
programmable instructions provided on firmware delivered with 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,
a microcode and other similar components;

(v)

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

(A)

The net cost to an authorized repair provider to obtain a similar farm equipment part or diagnostic or repair tool as applicable, 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 farm equipment part or diagnostic or repair tool, as applicable, including amortized capital costs, but excluding any research and
development costs incurred in designing and implementing, upgrading or altering the part or tool;

(C)

The price charged by other original farm equipment manufacturers for similar farm equipment parts or diagnostic or repair tools, as applicable;

(D)

The ability of aftermarket technicians or shops to afford the farm equipment part or diagnostic or repair tool, as applicable;

(E)

Inflation; and

(F)

Any other relevant factors.

(v
i
)

"Farm equipment" means equipment that is used or intended for use in a farm or ranch operation, including any combine, tractor, implement, engine, moto
r or attachment, but excluding
any
motor vehicle
designed for transporting persons or property on a street or highway and certified by the motor vehicle manufacturer under all applicable federal safety and emissions standards and
requirements for distribution and sale in the United States
;

(vi
i
)

"Independent repair provider" means a person in this state
who
is not affiliated with an original farm equipment manufacturer or
an
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
e
ngage
d
in the diagnosis, service, maintenance or repair of farm equipment that is not affiliated with the original farm equipment manufacturer;

(
v
i
ii
)

"Original farm equipment manufacturer" means a person engaged in the business of selling or leasing new farm equipment to another person

and engaged in the diagnosis, service maintenance or repair of farm equipment;

(
ix
)

"Owner" means a person
who
owns or leases farm equipment purchased or used in this state;

(x)

"Part" means a replacement part
, either new or used, including embedded software updates
, made available by an
original farm equipment manufacturer to
an
authorized repair provider for purposes of effecting repair;

(x
i
)

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

(iii)
(x
i
i
)

"This act" means W.S. 11
‑
44
‑
101 through
11
‑
44
‑
104
11
‑
44
‑
10
5
.

Section 3
.

This act
is effective July 1, 2018
.

(END)

1
HB0091