SLS 19RS-124 ORIGINAL
2019 Regular Session
SENATE BILL NO. 178
BY SENATOR ALLAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WARRANTIES. Provides relative to the right to repair farm equipment. (1/1/20)
1 AN ACT
2 To enact Chapter 22-C of Title 3 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 3:3691 through 3694, relative to farm equipment; to provide relative to the
4 right to repair farm equipment; to require farm equipment dealers to make certain
5 parts and electronic diagnostic repair equipment available for purchase; to provide
6 for definitions; to provide for powers of the commissioner; to provide for penalties;
7 and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Chapter 22-C of Title 3 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 3:3691 through 3694, is hereby enacted to read as follows:
11 CHAPTER 22-C. RIGHT TO REPAIR FARM EQUIPMENT
12 §3691. Definitions
13 As used in this Chapter:
14 (1) "Commissioner" means the Louisiana commissioner of agriculture
15 and forestry.
16 (2) "Embedded software" means any programmable instructions
17 delivered with farm equipment and all relevant patches and fixes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 178
SLS 19RS-124 ORIGINAL
1 (3) "Farm equipment" means equipment, other than a motor vehicle,
2 that is used or intended for use in a farm or ranch operation, including any
3 combine, tractor, implement, engine, motor, or attachment.
4 (4) "Farm equipment dealer" means an individual or entity that is
5 engaged in the business of selling or leasing new farm equipment and the
6 diagnosis, service, maintenance, or repair of farm equipment.
7 (5) "Motor vehicle" means any vehicle that is designed for transporting
8 persons or property on a street or highway.
9 (6) "Owner" means an individual or entity that owns or leases farm
10 equipment purchased or used in this state.
11 §3692. Requirements
12 For farm equipment sold or used in this state, a farm equipment dealer
13 shall make available for purchase on fair and reasonable terms to an owner of
14 the farm equipment the following:
15 (1) Farm equipment parts and updates to embedded software.
16 (2) Electronic diagnostic repair equipment.
17 §3693. Authority of the commissioner
18 The commissioner shall:
19 (1) Administer and enforce the provisions of this Chapter.
20 (2) Collect, administer, and disburse the proceeds of the penalties
21 collected pursuant to this Chapter.
22 (3) Seek and obtain injunctive or other civil relief to restrain and prevent
23 violations of this Chapter.
24 §3694. Penalties
25 A. A farm equipment dealer that violates any provision of this Chapter
26 shall be subject to a civil penalty of not more than five hundred dollars for each
27 violation. Each day on which a violation occurs shall be a separate offense.
28 B. Penalties may be assessed only by a ruling of the commissioner based
29 upon an adjudicatory hearing held in accordance with the provisions of the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 178
SLS 19RS-124 ORIGINAL
1 Administrative Procedure Act.
2 Section 3. This Act shall become effective on January 1, 2020; if vetoed by the
3 governor and subsequently approved by the legislature, this Act shall become effective on
4 January 1, 2020, or on the day following such approval by the legislature, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Lann.
DIGEST
SB 178 Original 2019 Regular Session Allain
Proposed law defines the following terms:
(1)"Commissioner" means the Louisiana commissioner of agriculture and forestry.
(2)"Embedded software" means any programmable instructions delivered with the farm
equipment and all relevant patches and fixes.
(3)"Farm equipment" means equipment, other than a motor vehicle, that is used or
intended for use in a farm or ranch operation, including any combine, tractor,
implement, engine, motor, or attachment.
(4)"Farm equipment dealer" means an individual or entity that is engaged in the
business of selling or leasing new farm equipment and the diagnosis, service,
maintenance, or repair of farm equipment.
(5)"Motor vehicle" means any vehicle that is designed for transporting persons or
property on a street or highway.
(6)"Owner" means an individual or entity that owns or leases farm equipment purchased
or used in this state.
Proposed law requires a farm equipment dealer to make available for purchase on fair and
reasonable terms to an owner of farm equipment the following:
(1)Farm equipment parts and updates to embedded software.
(2)Electronic diagnostic repair equipment.
Proposed law requires the commissioner to administer and enforce the provisions of
proposed law, collect, administer, and disburse the proceeds of the penalties collected, and
seek and obtain injunctive or other civil relief to restrain and prevent violations.
Proposed law subjects a farm equipment dealer that violates any provision of proposed law
to a civil penalty of not more than $500 for each violation.
Proposed law authorizes the commissioner to assess penalties based upon an adjudicatory
hearing held in accordance with the provisions of the APA.
Effective January 1, 2020.
(Adds R.S. 3:3691-3694)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.