2022 -- H 7535

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LC004765

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS

AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT

     Introduced By: Representatives Shallcross Smith, Hull, McGaw, Carson, Kislak, Alzate,
Phillips, Cardillo, Marszalkowski, and Ackerman

     Date Introduced: February 18, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 59

AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT

     6-59-1. Short title.

     This chapter shall be known and may be cited as the "Agricultural Equipment Right to

Repair Act".

     6-59-2. Definitions.

     As used in this chapter:

     (1) "Authorized repair provider" means an individual or business who is affiliated with an

original equipment manufacturer and who has an arrangement with the original equipment

manufacturer, for a definite or indefinite period, under which the original equipment manufacturer

grants to the individual or business a license to use a trade name, service mark, or other proprietary

identifier for the purposes of offering the services of diagnosis, maintenance, or repair of

electronics-enabled agricultural equipment under the name of the original equipment manufacturer,

or other arrangement with the original equipment manufacturer to offer such services on behalf of

the original equipment manufacturer. An original equipment manufacturer who offers the services

of diagnosis, maintenance, or repair of its own electronics-enabled agricultural equipment, shall be

considered an authorized repair provider with respect to such equipment;

     (2) "Documentation" means any manual, diagram, reporting output, service code

description, schematic, product guides, product service demonstrations, training seminars, clinics,

fleet management information, connected support, mobile applications, on-board diagnostics via

diagnostics port or wireless interface, or other guidance or information on service, parts, operation,

safety, electronic field diagnostic service tools, or training for use in effecting the services of

diagnosis, maintenance, or repair of electronics-enabled agricultural equipment;

     (3) "Electronics-enabled agricultural equipment" or "equipment" means any product, part

of a product, or attachment to a product, when sold or leased for use in farming, ranching, or other

agriculture, that depends for its functioning, in whole or in part, on digital electronics embedded in

or attached to it. The term includes, but is not limited to, a tractor, trailer, combine, tillage, planting,

irrigation, or cultivating implement, baler, unmanned aircraft system, or off-road vehicle.

Electronics-enabled agricultural equipment or equipment does not include motor vehicles, and does

not include consumer electronic devices, including wireless communication devices and

computers;

      (4) "Embedded software" means any programmable instructions provided on firmware

delivered with electronics-enabled agricultural equipment, or with a part for such equipment, for

purposes of equipment operation, including all relevant patches and fixes made available by the

manufacturer of such equipment or part for such purposes;

     (5) "Fair and reasonable terms for obtaining a part, a tool, documentation, or software"

means at fair and reasonable costs and terms that do not impair the contracts and agreements

between authorized repair providers affiliated with the original equipment manufacturer. Fair and

reasonable terms shall not include additional cost or burden not reasonably necessary, or designed

to be an impediment on the independent repair provider or equipment owner.

     (6) "Fair and reasonable terms for software tools" means permitting or effecting the

diagnosis, maintenance, or repair and enabling full functionality of electronics-enabled agricultural

equipment without requiring authorization or Internet access, or in a manner that impairs the

efficient and cost-effective performance of any of those activities unless authorization is required

to prevent access to source code or infringement of intellectual property in software or hardware

that is owned and licensed to the original equipment manufacturer by a third party and subject to

terms of use;

     (7) "Firmware" means a software program or set of instructions programmed on

electronics-enabled agricultural equipment, or on a part for such equipment, to allow the equipment

or part to communicate within itself or with other computer hardware;

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     (8) "Independent repair provider" means an individual or business operating in this state,

that does not have an arrangement with an original equipment manufacturer, and is not affiliated

with any individual or business which has such an arrangement with an original equipment

manufacturer, and is engaged in the service of, diagnosis, maintenance, or repair of electronics-

enabled agricultural equipment. An original equipment manufacturer, individual or business which

has a service or repair arrangement with another original equipment manufacturer, shall be

considered an independent repair provider for purposes of those instances in which it engages in

the service of, diagnosis, maintenance, or repair of electronics-enabled agricultural equipment that

is not manufactured by or sold under the independent repair provider's brand name;

     (9) "Motor vehicle" shall have the same meaning as set forth in § 31-1-3;

     (10) "Original equipment manufacturer" means a business engaged in the business of

selling, leasing, or otherwise supplying new electronics-enabled agricultural equipment

manufactured by or on behalf of itself, to any individual or business;

     (11) "Owner" means an individual or business that owns or has leased for use in this state

electronics-enabled agricultural equipment;

     (12) "Part" means any replacement part, either new or used, made available by an original

equipment manufacturer for purposes of effecting the service, maintenance or repair of electronics-

enabled agricultural equipment manufactured by or on behalf of, sold or otherwise supplied by the

original equipment manufacturer;

     (13) "Repair" means to maintain, diagnose, and repair machinery that results in the machine

being returned to its original specifications. Repair does not include performing any activities that

result in the machine being modified outside of the original equipment manufacturer specifications.

Specifically, repair does not include the ability to:

     (i) Reset an immobilizer system or security-related electronic modules;

     (ii) Reprogram any electronic processing units or engine control units and parameters;

     (iii) Change any equipment or engine settings that negatively affect emissions or safety

compliance; or

     (iv) Download or access the source code of any proprietary embedded software or code.

     (14) "Tool" means any software program, hardware implement, product service

demonstrations, training, seminars, clinics, on-board diagnostics via diagnostics port or wireless

interface, electronic field diagnostic service tools and training on how to use them, or other

apparatus used for diagnosis, maintenance, or repair of electronics-enabled agricultural equipment,

including software or other mechanisms that provision, program, or pair a new part, calibrate

functionality, or perform any other function required to bring the product back to specifications.

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     (15) "Trade secret" shall have the same meaning as set forth in § 6-41-1.

     6-59-3. Agricultural equipment manufacturer's duty.

     For electronics-enabled agricultural equipment, and parts for such equipment, sold or used

in this state, an original equipment manufacturer shall make available, for purposes of diagnosis,

maintenance, or repair of such equipment, to any independent repair provider, or to the owner of

electronics-enabled agricultural equipment manufactured by or on behalf of, sold or otherwise

supplied by, the original equipment manufacturer, on fair and reasonable terms, documentation,

parts, and tools, inclusive of any updates to information or embedded software. Nothing in this

section requires an original equipment manufacturer to make available documentation, parts, and

tools if such documentation, parts, and/or tools are no longer available to the original equipment

manufacturer.

     6-59-4. Trade secrets.

     Nothing in this chapter shall be construed to require an original equipment manufacturer

to divulge a trade secret to an owner or an independent service provider except as necessary to

provide documentation, parts, and tools on fair and reasonable terms.

     6-59-5. Warranty and recalls.

     No provision in this chapter shall be construed to alter the terms of any arrangement in

force between an authorized repair provider and an original 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 equipment manufacturer pursuant to such arrangement,

except that any provision in such terms that purports to waive, avoid, restrict, or limit the original

equipment manufacturer's obligations to comply with the provision of this chapter shall be void

and unenforceable.

     6-59-6. Enforcement.

     (a) Any person suffering loss due to a violation of this chapter may recover actual damages,

reasonable attorneys' fees and court costs.

     (b) The attorney general may enforce the provisions of this chapter in an action for an

injunction or other equitable relief.

     (c) Any action for damages pursuant to this chapter or to enforce the provisions of this

chapter shall be filed within three (3) years of the violation.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS

AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT

***

     This act would provide that original equipment manufacturers of agricultural equipment

would provide independent service providers repair information and tools to maintain and repair

electronics of the agricultural equipment.

     This act would take effect upon passage.

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