March 21, 2025 - Introduced by Senators Pfaff, Keyeski, Ratcliff, Roys, Hesselbein, Smith, Spreitzer, Larson, Dassler-Alfheim and Wall, cosponsored 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. Referred to Committee on Transportation and Local Government.
SB148,1,2
1An Act to create 100.204 of the statutes; relating to: the right to repair
2agricultural 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:
SB148,1
1Section 1. 100.204 of the statutes is created to read: SB148,2,32100.204 Right to repair agricultural equipment. (1) Definitions. In 3this section: SB148,2,54(a) “Authorized repair provider” means a person that is not affiliated with a 5manufacturer. “Authorized repair provider” includes all of the following: SB148,2,661. A manufacturer, if all of the following apply: SB148,2,87a. The manufacturer offers to an owner of the manufacturer’s equipment or 8part a service related to the owner’s equipment or part. SB148,2,139b. The manufacturer does not have an arrangement with a person in which 10the manufacturer, for the purpose of the person providing a service to an owner 11regarding the owner’s equipment or a part, grants the person an authorization to 12act on behalf of the manufacturer or grants the person a license to use a trade 13name, service mark, or other proprietary identifier. SB148,2,18142. A person affiliated with a manufacturer if the affiliation is through an 15arrangement in which the manufacturer, for the purpose of the person providing a 16service to an owner regarding the owner’s equipment or a part, grants the person 17an authorization to act on behalf of the manufacturer or grants the person a license 18to use a trade name, service mark, or other proprietary identifier. SB148,3,4
1(b) “Data” means information that a manufacturer gathered, transmitted, or 2compiled that arose from the operation of an owner’s equipment and for which the 3associated owner has provided consent and authorization for the manufacturer to 4share. SB148,3,95(c) “Documentation” means an electronic or tangible manual, diagram, 6schematic diagram, reporting output, service code description, security code or 7password or other similar type of guidance or information that a manufacturer 8provides to an authorized repair provider to assist the authorized repair provider 9with a service performed on the manufacturer’s equipment or part. SB148,3,1610(d) “Embedded software” means programmable instructions provided on 11firmware delivered with or loaded on an electronic component of equipment or a 12part for the purpose of restoring or improving operation of the piece of equipment or 13part. “Embedded software” includes all relevant patches and fixes that the 14manufacturer makes to equipment or a part for the purpose of restoring or 15improving the equipment or part, and an internal operating system, machine code, 16assembly code, root code, and microcode. SB148,3,2317(e) “Equipment” means equipment or parts that are designed primarily for 18use in the operation of a farm or in farm-related activities, including any combine, 19tractor, sprayer, implement, or attachment used in planting, cultivating, irrigating, 20harvesting, or ranching. “Equipment” does not include vehicles or self-propelled 21machines designed primarily for the transportation of persons or property on a 22street or highway, aircraft, snowmobiles, personal watercraft or motorboats, or 23equipment or parts used for irrigation purposes. SB148,4,2
1(f) “Equipment dealer” means a person engaged in the retail sale of 2equipment. SB148,4,73(g) 1. Except as provided in subds. 2. and 3., “fair costs” means costs assessed 4under equitable terms and in a manner that is fair to both parties to a transaction 5in light of any agreed-upon conditions, promised quality, and timeliness of delivery, 6and in a manner that does not discourage or disincentivize an equipment owner or 7an independent repair provider from making repairs. SB148,4,1282. In regards to documentation, “fair costs” means that the manufacturer 9provides the documentation, including any relevant updates to the documentation, 10for free, except that a manufacturer may charge a fee for a printed copy of the 11documentation, which fee may amount only to the manufacturer’s actual cost to 12prepare and send the printed documentation. SB148,4,14133. In regards to embedded software, “fair costs” means that the manufacturer 14provides the embedded software in all of the following ways: SB148,4,1615a. For free, and without requiring authorization, Internet access, or other 16impediments to use. SB148,4,1817b. In the course of effectuating the diagnosis, maintenance, or repair and 18enabling the full functionality of the equipment or part. SB148,4,2019c. In a manner that does not impair the efficient and cost-effective 20performance of the equipment or part. SB148,4,2221(h) “Fair terms” means terms that do not impose on an owner or independent 22repair provider any of the following: SB148,5,2
11. A substantial obligation to use, or a restriction on the use of, embedded 2software, firmware, a part, or tool. SB148,5,432. A condition that the owner or independent retail provider become an 4authorized repair provider of a manufacturer. SB148,5,853. A requirement that embedded software, firmware, a part, or a tool be 6registered, paired with, or approved by a manufacturer or an authorized repair 7provider in order for the embedded software, firmware, part, or tool to be 8operational. SB148,5,119(i) “Firmware” means a software program or set of instructions programmed 10on equipment or a part that allows the equipment or part to function or 11communicate with itself or other computer hardware. SB148,5,1512(j) “Independent repair provider” means a person who is not a manufacturer’s 13authorized repair provider or a person affiliated with a manufacturer’s authorized 14repair provider and who is engaged in the offering of or providing a service. 15“Independent repair provider” includes all of the following: SB148,5,22161. An authorized repair provider that is offering or providing a service for a 17different manufacturer than a manufacturer with whom the authorized repair 18provider is affiliated through an arrangement in which the manufacturer, for the 19purposes of providing a service to an owner regarding the owner’s equipment or 20part, grants the person authorization to act on behalf of the manufacturer or grants 21the person a license to use a trade name, service mark, or other proprietary 22identifier. SB148,5,24232. A manufacturer who is offering or providing a service for a different 24manufacturer’s equipment or part. SB148,6,3
1(k) “Manufacturer” means a person in this state engaged in the business of 2selling, leasing, or otherwise supplying new equipment or parts that have been 3manufactured by the person, or on behalf of the person, to any other person. SB148,6,54(L) “Owner” means a person that owns equipment or a part or an agent of a 5person that owns equipment or a part. SB148,6,76(m) “Part” means a replacement part for equipment that a manufacturer 7offers for sale or otherwise makes available for the purpose of providing a service. SB148,6,98(n) “Service” means a diagnostic, maintenance, or repair service performed 9on equipment or a part. SB148,6,1310(o) “Tool” means a hardware implement, software program, or other 11apparatus used for programming, pairing, calibrating functionality, diagnosis, 12maintenance, or repair of equipment or parts, including software or another 13mechanism that does any of the following: SB148,6,14141. Provides, programs, or pairs a new part. SB148,6,15152. Calibrates functionality. SB148,6,17163. Performs any other function required to return the equipment or part to 17fully functional condition. SB148,6,1818(p) “Trade secret” has the meaning given in s. 134.90 (1) (c). SB148,6,2219(2) Manufacturer requirements. (a) Subject to pars. (b) and (c), a 20manufacturer shall upon request, using fair terms and fair costs, make available to 21an independent repair provider or owner of the manufacturer’s equipment or part 22all of the following: SB148,7,2231. Any documentation, data, embedded software, firmware, part, or tool that
1is intended for use with the equipment or part, including updates to 2documentation, parts, embedded software, firmware, or tools. SB148,7,832. With respect to equipment that contains an electronic security lock or other 4security-related function, any documentation, data, embedded software, firmware, 5part, or tool that is needed to reset the lock or function when disabled in the course 6of providing a service. The manufacturer may make the documentation, embedded 7software, firmware, part, or tool available to the independent retail provider or 8owner through appropriate secure release systems. SB148,7,109(b) Paragraph (a) does not apply to a part that is no longer available to the 10manufacturer. SB148,7,1511(c) 1. Paragraph (a) does not require a manufacturer to divulge a trade secret, 12except that a manufacturer may not refuse to make available to an independent 13repair provider or owner any documentation, data, embedded software, firmware, 14part, or tool necessary to provide a service on the grounds that the documentation, 15data, embedded software, firmware, part, or tool itself is a trade secret. SB148,7,17162. In response to a request made under par. (a), a manufacturer may do any of 17the following: SB148,7,2018a. Redact trade secrets from portions of provided documentation if the 19usability of the redacted documentation for the purpose of providing a service is not 20diminished. SB148,8,221b. Withhold information regarding a component, design, functionality, or 22process of development of provided embedded software, firmware, a part, or a tool if
1the information is a trade secret and the usability of the embedded software, 2firmware, part, or tool is not diminished. SB148,8,73(d) In regards to a contract or arrangement entered into, renewed, or modified 4on or after the effective date of this paragraph .... [LRB inserts date], a term, 5provision, agreement, or language in the contract or arrangement that waives, 6avoids, restricts, or limits the manufacturer’s obligations under this subsection is 7void and unenforceable. SB148,8,118(3) Limitation on liability. (a) Neither a manufacturer nor an equipment 9dealer is liable for a faulty or otherwise improper repair provided by an 10independent repair provider or owner, including a faulty or otherwise improper 11repair that causes any of the following: SB148,8,12121. Damage to equipment during the repair.
