Indiana 2024 Regular Session

Indiana House Bill HB1155 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1155
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 24-4-23; IC 24-5-0.5-3.
7	7	Synopsis: Right to repair. Requires a manufacturer of a piece of
8	8	agricultural equipment that is sold in Indiana, subject to certain
9	9	exceptions, to: (1) provide to an independent service provider or owner
10	10	of the agricultural equipment any service documentation the
11	11	manufacturer provides to its authorized service providers; and (2) make
12	12	available for purchase, upon reasonable terms, any part or tool the
13	13	manufacturer provides to its authorized service providers. Provides that
14	14	a violation of the requirements is: (1) actionable by the attorney
15	15	general; and (2) subject to the remedies and penalties that apply to a
16	16	deceptive consumer sales practice.
17	17	Effective: July 1, 2024.
18	18	Greene, Hall
19	19	January 8, 2024, read first time and referred to Committee on Agriculture and Rural
20	20	Development.
21	21	2024 IN 1155—LS 6746/DI 154 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	HOUSE BILL No. 1155
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning trade
34	34	regulation.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
37	37	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
38	38	3 1, 2024]:
39	39	4 Chapter 23. Access to Product Repair Resources for
40	40	5 Agricultural Equipment
41	41	6 Sec. 1. (a) As used in this chapter, "agricultural equipment"
42	42	7 means a piece of equipment or a component of, an attachment to,
43	43	8 a tool for, or a part for a piece of equipment that is designed
44	44	9 primarily for use on a farm or ranch.
45	45	10 (b) The term does not include:
46	46	11 (1) a motor vehicle or component of a motor vehicle; or
47	47	12 (2) an aircraft used in an agricultural aircraft operation (as
48	48	13 defined in 14 CFR 137.3).
49	49	14 Sec. 2. As used in this chapter, "authorized service provider"
50	50	15 means:
51	51	16 (1) a manufacturer that provides; or
52	52	17 (2) a person that:
53	53	2024 IN 1155—LS 6746/DI 154 2
54	54	1 (A) is not an affiliate of a manufacturer; and
55	55	2 (B) has entered into an agreement with the manufacturer
56	56	3 to provide:
57	57	4 (i) on behalf of; or
58	58	5 (ii) under the name of;
59	59	6 the manufacturer;
60	60	7 diagnostic, maintenance, or repair service for a piece of
61	61	8 agricultural equipment made by the manufacturer.
62	62	9 Sec. 3. (a) As used in this chapter, "independent service
63	63	10 provider" means a person that:
64	64	11 (1) in the ordinary course of business, performs diagnostic,
65	65	12 maintenance, or repair service on a piece of agricultural
66	66	13 equipment; and
67	67	14 (2) is not:
68	68	15 (A) an authorized service provider; or
69	69	16 (B) an affiliate of an authorized service provider;
70	70	17 for the piece of agricultural equipment.
71	71	18 (b) The term includes a manufacturer when the manufacturer
72	72	19 is performing diagnostic, maintenance, or repair service on a piece
73	73	20 of agricultural equipment that is not made by the manufacturer or
74	74	21 by an affiliate of the manufacturer.
75	75	22 Sec. 4. As used in this chapter, "manufacturer" means a person
76	76	23 that, in the ordinary course of business:
77	77	24 (1) sells or leases a piece of agricultural equipment made by,
78	78	25 or on behalf of, the manufacturer; and
79	79	26 (2) performs, or provides for the performance of, diagnostic,
80	80	27 maintenance, or repair service on the piece of agricultural
81	81	28 equipment.
82	82	29 Sec. 5. (a) As used in this chapter, "motor vehicle" means a
83	83	30 vehicle that is:
84	84	31 (1) designed for transporting people or property on a street or
85	85	32 highway; and
86	86	33 (2) certified by the vehicle's maker under all applicable
87	87	34 federal safety and emissions standards and requirements for
88	88	35 distribution and sale in the United States.
89	89	36 (b) The term includes a mobile home (as defined in
90	90	37 IC 9-13-2-103.2), motorcycle (as defined in IC 9-13-2-108), or
91	91	38 recreational vehicle (as defined in IC 9-13-2-150).
92	92	39 Sec. 6. As used in this chapter, "owner" means a person that:
93	93	40 (1) is domiciled in Indiana; and
94	94	41 (2) lawfully owns or has legal right to possession of a piece of
95	95	42 agricultural equipment.
96	96	2024 IN 1155—LS 6746/DI 154 3
97	97	1 Sec. 7. As used in this chapter, "part" means any replacement
98	98	2 part, either new or used, made available by a manufacturer of or
99	99	3 an authorized service provider to facilitate the maintenance or
100	100	4 repair of a piece of agricultural equipment sold by the
101	101	5 manufacturer.
102	102	6 Sec. 8. As used in this chapter, "person" means an individual, an
103	103	7 organization, or any other legal entity.
104	104	8 Sec. 9. As used in this chapter, "service documentation" means
105	105	9 information, including:
106	106	10 (1) manuals;
107	107	11 (2) schematics;
108	108	12 (3) diagrams;
109	109	13 (4) report output;
110	110	14 (5) service code descriptions;
111	111	15 (6) technical updates;
112	112	16 (7) passwords needed to access repair or diagnostic functions;
113	113	17 and
114	114	18 (8) information necessary to reset or unlock a security related
115	115	19 function, with the permission of the owner;
116	116	20 that is provided by a manufacturer to an authorized service
117	117	21 provider for the performance of diagnostic, maintenance, or repair
118	118	22 service on a piece of agricultural equipment.
119	119	23 Sec. 10. As used in this chapter, "software" means a set of
120	120	24 coded, programmable instructions designed to cause a piece of
121	121	25 agricultural equipment to perform a task.
122	122	26 Sec. 11. As used in this chapter, "tool" means any software
123	123	27 program, hardware implement, or other apparatus made available
124	124	28 by a manufacturer of a piece of agricultural equipment to an
125	125	29 authorized service provider for the diagnosis, maintenance, or
126	126	30 repair of the piece of agricultural equipment.
127	127	31 Sec. 12. As used in this chapter, "trade secret" has the meaning
128	128	32 set forth in IC 24-2-3-2.
129	129	33 Sec. 13. (a) Except as provided in section 14 of this chapter, a
130	130	34 manufacturer that sells or leases a piece of agricultural equipment
131	131	35 in Indiana must do the following:
132	132	36 (1) Subject to subsection (b), provide the service
133	133	37 documentation for the agricultural equipment to an
134	134	38 independent service provider for, or to an owner of, the piece
135	135	39 of agricultural equipment:
136	136	40 (A) within the amount of time within which;
137	137	41 (B) in the format in which; and
138	138	42 (C) at no cost or at a price that is not more than the price
139	139	2024 IN 1155—LS 6746/DI 154 4
140	140	1 at which;
141	141	2 the manufacturer provides the service documentation to an
142	142	3 authorized service provider for the piece of agricultural
143	143	4 equipment.
144	144	5 (2) Make available for purchase by an independent service
145	145	6 provider for, or by an owner of, the piece of agricultural
146	146	7 equipment any part or tool that the manufacturer makes
147	147	8 available to an authorized service provider, upon terms that
148	148	9 are reasonable in relation to:
149	149	10 (A) the net price at which the manufacturer provides the
150	150	11 part or tool to an authorized service provider, after
151	151	12 deducting any discounts, rebates, or other incentives
152	152	13 offered by the manufacturer;
153	153	14 (B) the cost to the manufacturer of making, preparing, and
154	154	15 delivering the part or tool:
155	155	16 (i) including amortized capital costs; and
156	156	17 (ii) excluding research and development costs;
157	157	18 incurred by the manufacturer in making, preparing, and
158	158	19 delivering the part or tool; and
159	159	20 (C) the price charged by manufacturers of comparable
160	160	21 pieces of agricultural equipment for a comparable part or
161	161	22 tool.
162	162	23 (b) A manufacturer that supplies, with the permission of the
163	163	24 owner, information necessary to reset or unlock a security related
164	164	25 function under subsection (a)(1) may supply the information
165	165	26 through a secure data transfer system.
166	166	27 Sec. 14. A manufacturer is not required under this chapter to:
167	167	28 (1) provide, or require an authorized service provider to
168	168	29 provide, to an independent service provider for, or to an
169	169	30 owner of, a piece of agricultural equipment:
170	170	31 (A) either:
171	171	32 (i) service documentation; or
172	172	33 (ii) a part or tool;
173	173	34 that is not available to the manufacturer or the authorized
174	174	35 service provider; or
175	175	36 (B) information that is unrelated to the performance of
176	176	37 diagnostic, maintenance, or repair service for the piece of
177	177	38 agricultural equipment; or
178	178	39 (2) divulge a trade secret.
179	179	40 Sec. 15. (a) Except as provided in subsection (b), this chapter
180	180	41 may not be construed as to affect the terms of an agreement
181	181	42 between a manufacturer and an authorized service provider,
182	182	2024 IN 1155—LS 6746/DI 154 5
183	183	1 including terms regarding the authorized service provider's
184	184	2 performance of warranty or recall service on behalf of the
185	185	3 manufacturer.
186	186	4 (b) Notwithstanding subsection (a), a provision of an agreement
187	187	5 between a manufacturer and an authorized service provider that
188	188	6 purports to waive, avoid, restrict, or limit the obligations of the
189	189	7 manufacturer under this chapter is void and unenforceable.
190	190	8 Sec. 16. A manufacturer that knowingly and intentionally
191	191	9 violates sections 13 through 15 of this chapter commits a deceptive
192	192	10 act that is:
193	193	11 (1) actionable by the attorney general; and
194	194	12 (2) subject to the remedies and penalties;
195	195	13 under IC 24-5-0.5.
196	196	14 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
197	197	15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198	198	16 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
199	199	17 abusive, or deceptive act, omission, or practice in connection with a
200	200	18 consumer transaction. Such an act, omission, or practice by a supplier
201	201	19 is a violation of this chapter whether it occurs before, during, or after
202	202	20 the transaction. An act, omission, or practice prohibited by this section
203	203	21 includes both implicit and explicit misrepresentations.
204	204	22 (b) Without limiting the scope of subsection (a), the following acts,
205	205	23 and the following representations as to the subject matter of a
206	206	24 consumer transaction, made orally, in writing, or by electronic
207	207	25 communication, by a supplier, are deceptive acts:
208	208	26 (1) That such subject of a consumer transaction has sponsorship,
209	209	27 approval, performance, characteristics, accessories, uses, or
210	210	28 benefits it does not have which the supplier knows or should
211	211	29 reasonably know it does not have.
212	212	30 (2) That such subject of a consumer transaction is of a particular
213	213	31 standard, quality, grade, style, or model, if it is not and if the
214	214	32 supplier knows or should reasonably know that it is not.
215	215	33 (3) That such subject of a consumer transaction is new or unused,
216	216	34 if it is not and if the supplier knows or should reasonably know
217	217	35 that it is not.
218	218	36 (4) That such subject of a consumer transaction will be supplied
219	219	37 to the public in greater quantity than the supplier intends or
220	220	38 reasonably expects.
221	221	39 (5) That replacement or repair constituting the subject of a
222	222	40 consumer transaction is needed, if it is not and if the supplier
223	223	41 knows or should reasonably know that it is not.
224	224	42 (6) That a specific price advantage exists as to such subject of a
225	225	2024 IN 1155—LS 6746/DI 154 6
226	226	1 consumer transaction, if it does not and if the supplier knows or
227	227	2 should reasonably know that it does not.
228	228	3 (7) That the supplier has a sponsorship, approval, or affiliation in
229	229	4 such consumer transaction the supplier does not have, and which
230	230	5 the supplier knows or should reasonably know that the supplier
231	231	6 does not have.
232	232	7 (8) That such consumer transaction involves or does not involve
233	233	8 a warranty, a disclaimer of warranties, or other rights, remedies,
234	234	9 or obligations, if the representation is false and if the supplier
235	235	10 knows or should reasonably know that the representation is false.
236	236	11 (9) That the consumer will receive a rebate, discount, or other
237	237	12 benefit as an inducement for entering into a sale or lease in return
238	238	13 for giving the supplier the names of prospective consumers or
239	239	14 otherwise helping the supplier to enter into other consumer
240	240	15 transactions, if earning the benefit, rebate, or discount is
241	241	16 contingent upon the occurrence of an event subsequent to the time
242	242	17 the consumer agrees to the purchase or lease.
243	243	18 (10) That the supplier is able to deliver or complete the subject of
244	244	19 the consumer transaction within a stated period of time, when the
245	245	20 supplier knows or should reasonably know the supplier could not.
246	246	21 If no time period has been stated by the supplier, there is a
247	247	22 presumption that the supplier has represented that the supplier
248	248	23 will deliver or complete the subject of the consumer transaction
249	249	24 within a reasonable time, according to the course of dealing or the
250	250	25 usage of the trade.
251	251	26 (11) That the consumer will be able to purchase the subject of the
252	252	27 consumer transaction as advertised by the supplier, if the supplier
253	253	28 does not intend to sell it.
254	254	29 (12) That the replacement or repair constituting the subject of a
255	255	30 consumer transaction can be made by the supplier for the estimate
256	256	31 the supplier gives a customer for the replacement or repair, if the
257	257	32 specified work is completed and:
258	258	33 (A) the cost exceeds the estimate by an amount equal to or
259	259	34 greater than ten percent (10%) of the estimate;
260	260	35 (B) the supplier did not obtain written permission from the
261	261	36 customer to authorize the supplier to complete the work even
262	262	37 if the cost would exceed the amounts specified in clause (A);
263	263	38 (C) the total cost for services and parts for a single transaction
264	264	39 is more than seven hundred fifty dollars ($750); and
265	265	40 (D) the supplier knew or reasonably should have known that
266	266	41 the cost would exceed the estimate in the amounts specified in
267	267	42 clause (A).
268	268	2024 IN 1155—LS 6746/DI 154 7
269	269	1 (13) That the replacement or repair constituting the subject of a
270	270	2 consumer transaction is needed, and that the supplier disposes of
271	271	3 the part repaired or replaced earlier than seventy-two (72) hours
272	272	4 after both:
273	273	5 (A) the customer has been notified that the work has been
274	274	6 completed; and
275	275	7 (B) the part repaired or replaced has been made available for
276	276	8 examination upon the request of the customer.
277	277	9 (14) Engaging in the replacement or repair of the subject of a
278	278	10 consumer transaction if the consumer has not authorized the
279	279	11 replacement or repair, and if the supplier knows or should
280	280	12 reasonably know that it is not authorized.
281	281	13 (15) The act of misrepresenting the geographic location of the
282	282	14 supplier by listing an alternate business name or an assumed
283	283	15 business name (as described in IC 23-0.5-3-4) in a local telephone
284	284	16 directory if:
285	285	17 (A) the name misrepresents the supplier's geographic location;
286	286	18 (B) the listing fails to identify the locality and state of the
287	287	19 supplier's business;
288	288	20 (C) calls to the local telephone number are routinely forwarded
289	289	21 or otherwise transferred to a supplier's business location that
290	290	22 is outside the calling area covered by the local telephone
291	291	23 directory; and
292	292	24 (D) the supplier's business location is located in a county that
293	293	25 is not contiguous to a county in the calling area covered by the
294	294	26 local telephone directory.
295	295	27 (16) The act of listing an alternate business name or assumed
296	296	28 business name (as described in IC 23-0.5-3-4) in a directory
297	297	29 assistance data base if:
298	298	30 (A) the name misrepresents the supplier's geographic location;
299	299	31 (B) calls to the local telephone number are routinely forwarded
300	300	32 or otherwise transferred to a supplier's business location that
301	301	33 is outside the local calling area; and
302	302	34 (C) the supplier's business location is located in a county that
303	303	35 is not contiguous to a county in the local calling area.
304	304	36 (17) The violation by a supplier of IC 24-3-4 concerning
305	305	37 cigarettes for import or export.
306	306	38 (18) The act of a supplier in knowingly selling or reselling a
307	307	39 product to a consumer if the product has been recalled, whether
308	308	40 by the order of a court or a regulatory body, or voluntarily by the
309	309	41 manufacturer, distributor, or retailer, unless the product has been
310	310	42 repaired or modified to correct the defect that was the subject of
311	311	2024 IN 1155—LS 6746/DI 154 8
312	312	1 the recall.
313	313	2 (19) The violation by a supplier of 47 U.S.C. 227, including any
314	314	3 rules or regulations issued under 47 U.S.C. 227.
315	315	4 (20) The violation by a supplier of the federal Fair Debt
316	316	5 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
317	317	6 rules or regulations issued under the federal Fair Debt Collection
318	318	7 Practices Act (15 U.S.C. 1692 et seq.).
319	319	8 (21) A violation of IC 24-5-7 (concerning health spa services), as
320	320	9 set forth in IC 24-5-7-17.
321	321	10 (22) A violation of IC 24-5-8 (concerning business opportunity
322	322	11 transactions), as set forth in IC 24-5-8-20.
323	323	12 (23) A violation of IC 24-5-10 (concerning home consumer
324	324	13 transactions), as set forth in IC 24-5-10-18.
325	325	14 (24) A violation of IC 24-5-11 (concerning real property
326	326	15 improvement contracts), as set forth in IC 24-5-11-14.
327	327	16 (25) A violation of IC 24-5-12 (concerning telephone
328	328	17 solicitations), as set forth in IC 24-5-12-23.
329	329	18 (26) A violation of IC 24-5-13.5 (concerning buyback motor
330	330	19 vehicles), as set forth in IC 24-5-13.5-14.
331	331	20 (27) A violation of IC 24-5-14 (concerning automatic
332	332	21 dialing-announcing devices), as set forth in IC 24-5-14-13.
333	333	22 (28) A violation of IC 24-5-15 (concerning credit services
334	334	23 organizations), as set forth in IC 24-5-15-11.
335	335	24 (29) A violation of IC 24-5-16 (concerning unlawful motor
336	336	25 vehicle subleasing), as set forth in IC 24-5-16-18.
337	337	26 (30) A violation of IC 24-5-17 (concerning environmental
338	338	27 marketing claims), as set forth in IC 24-5-17-14.
339	339	28 (31) A violation of IC 24-5-19 (concerning deceptive commercial
340	340	29 solicitation), as set forth in IC 24-5-19-11.
341	341	30 (32) A violation of IC 24-5-21 (concerning prescription drug
342	342	31 discount cards), as set forth in IC 24-5-21-7.
343	343	32 (33) A violation of IC 24-5-23.5-7 (concerning real estate
344	344	33 appraisals), as set forth in IC 24-5-23.5-9.
345	345	34 (34) A violation of IC 24-5-26 (concerning identity theft), as set
346	346	35 forth in IC 24-5-26-3.
347	347	36 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
348	348	37 as set forth in IC 24-5.5-6-1.
349	349	38 (36) A violation of IC 24-8 (concerning promotional gifts and
350	350	39 contests), as set forth in IC 24-8-6-3.
351	351	40 (37) A violation of IC 21-18.5-6 (concerning representations
352	352	41 made by a postsecondary credit bearing proprietary educational
353	353	42 institution), as set forth in IC 21-18.5-6-22.5.
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355	355	1 (38) A violation of IC 24-5-15.5 (concerning collection actions of
356	356	2 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
357	357	3 (39) A violation of IC 24-14 (concerning towing services), as set
358	358	4 forth in IC 24-14-10-1.
359	359	5 (40) A violation of IC 24-5-14.5 (concerning misleading or
360	360	6 inaccurate caller identification information), as set forth in
361	361	7 IC 24-5-14.5-12.
362	362	8 (41) A violation of IC 24-5-27 (concerning intrastate inmate
363	363	9 calling services), as set forth in IC 24-5-27-27.
364	364	10 (42) A violation of IC 24-4-23 (concerning access to product
365	365	11 repair resources for agricultural equipment), as set forth in
366	366	12 IC 24-4-23-16.
367	367	13 (c) Any representations on or within a product or its packaging or
368	368	14 in advertising or promotional materials which would constitute a
369	369	15 deceptive act shall be the deceptive act both of the supplier who places
370	370	16 such representation thereon or therein, or who authored such materials,
371	371	17 and such other suppliers who shall state orally or in writing that such
372	372	18 representation is true if such other supplier shall know or have reason
373	373	19 to know that such representation was false.
374	374	20 (d) If a supplier shows by a preponderance of the evidence that an
375	375	21 act resulted from a bona fide error notwithstanding the maintenance of
376	376	22 procedures reasonably adopted to avoid the error, such act shall not be
377	377	23 deceptive within the meaning of this chapter.
378	378	24 (e) It shall be a defense to any action brought under this chapter that
379	379	25 the representation constituting an alleged deceptive act was one made
380	380	26 in good faith by the supplier without knowledge of its falsity and in
381	381	27 reliance upon the oral or written representations of the manufacturer,
382	382	28 the person from whom the supplier acquired the product, any testing
383	383	29 organization, or any other person provided that the source thereof is
384	384	30 disclosed to the consumer.
385	385	31 (f) For purposes of subsection (b)(12), a supplier that provides
386	386	32 estimates before performing repair or replacement work for a customer
387	387	33 shall give the customer a written estimate itemizing as closely as
388	388	34 possible the price for labor and parts necessary for the specific job
389	389	35 before commencing the work.
390	390	36 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
391	391	37 company or other provider of a telephone directory or directory
392	392	38 assistance service or its officer or agent is immune from liability for
393	393	39 publishing the listing of an alternate business name or assumed
394	394	40 business name of a supplier in its directory or directory assistance data
395	395	41 base unless the telephone company or other provider of a telephone
396	396	42 directory or directory assistance service is the same person as the
397	397	2024 IN 1155—LS 6746/DI 154 10
398	398	1 supplier who has committed the deceptive act.
399	399	2 (h) For purposes of subsection (b)(18), it is an affirmative defense
400	400	3 to any action brought under this chapter that the product has been
401	401	4 altered by a person other than the defendant to render the product
402	402	5 completely incapable of serving its original purpose.
403	403	2024 IN 1155—LS 6746/DI 154