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.