Maryland 2025 Regular Session

Maryland Senate Bill SB990 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0990
6	6
7	7	SENATE BILL 990
8	8	I3 5lr2888
9	9	CF 5lr2532
10	10	By: Senator Gallion
11	11	Introduced and read first time: January 30, 2025
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Consumer Protection – Agricultural Equipment Warranties 2
19	19
20	20	FOR the purpose of requiring, for purposes of making a claim under a warranty for certain 3
21	21	agricultural equipment, a consumer to provide written notice to certain parties to 4
22	22	report a nonconformity, defect, or condition occurring in the agricultural equipment; 5
23	23	requiring a consumer to provide an opportunity for certain parties to correct the 6
24	24	nonconformity, defect, or condition; requiring certain parties to correct the 7
25	25	nonconformity, defect, or condition in a certain manner; requiring certain parties to 8
26	26	provide a consumer with the opportunity to replace agricultural equipment or receive 9
27	27	a refund under certain circumstances; making a violation of this Act an unfair, 10
28	28	abusive, or deceptive trade practice that is subject to enforcement and penalties 11
29	29	under the Maryland Consumer Protection Act; and generally relating to the 12
30	30	enforcement of warranties for agricultural equipment. 13
31	31
32	32	BY repealing and reenacting, with amendments, 14
33	33	Article – Commercial Law 15
34	34	Section 13–301(14)(xlii) 16
35	35	Annotated Code of Maryland 17
36	36	(2013 Replacement Volume and 2024 Supplement) 18
37	37
38	38	BY repealing and reenacting, without amendments, 19
39	39	Article – Commercial Law 20
40	40	Section 13–301(14)(xliii) 21
41	41	Annotated Code of Maryland 22
42	42	(2013 Replacement Volume and 2024 Supplement) 23
43	43
44	44	BY adding to 24
45	45	Article – Commercial Law 25
46	46	Section 13–301(14)(xliv); and 14–15A–01 through 14–15A–04 to be under the new 26
47	47	subtitle “Subtitle 15A. Agricultural Equipment Warranty Enforcement Act” 27
48	48	Annotated Code of Maryland 28 2 SENATE BILL 990
49	49
50	50
51	51	(2013 Replacement Volume and 2024 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article – Commercial Law 4
57	57
58	58	13–301. 5
59	59
60	60	Unfair, abusive, or deceptive trade practices include any: 6
61	61
62	62	(14) Violation of a provision of: 7
63	63
64	64	(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 8
65	65
66	66	(xliii) Title 14, Subtitle 48 of this article; or 9
67	67
68	68	(XLIV) TITLE 14, SUBTITLE 15A OF THIS ARTICLE; OR 10
69	69
70	70	SUBTITLE 15A. AGRICULTURAL EQUIPMENT WARRANTY ENFORCEMENT ACT. 11
71	71
72	72	14–15A–01. 12
73	73
74	74	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13
75	75	INDICATED. 14
76	76
77	77	(B) “AGRICULTURAL EQUIPMEN T” MEANS ANY SELF –PROPELLED VEHICLE 15
78	78	DESIGNED PRIMARILY F OR AND USED IN THE O CCUPATION OR BUSINES S OF 16
79	79	FARMING. 17
80	80
81	81	(C) “CONSUMER” MEANS: 18
82	82
83	83	(1) THE PURCHASER OF NEW AGRICULTURAL EQUIPME NT OTHER 19
84	84	THAN FOR PURPOSES OF RESALE; 20
85	85
86	86	(2) A PERSON TO WHOM NEW A GRICULTURAL EQUIPMEN T IS 21
87	87	TRANSFERRED DURING T HE DURATION OF THE W ARRANTY APPLICABLE T O THE 22
88	88	AGRICULTURAL EQUIPME NT; OR 23
89	89
90	90	(3) ANY OTHER PERSON WHO IS ENTITL ED TO ENFORCE THE 24
91	91	OBLIGATIONS OF THE W ARRANTY. 25
92	92
93	93	(D) “MANUFACTURER , FACTORY BRANCH , OR AUTHORIZED DEALER ” 26
94	94	MEANS A PERSON ENGAG ED IN THE BUSINESS O F MANUFACTURING , ASSEMBLING, 27
95	95	OR DEALING AGRICULTU RAL EQUIPMENT , AS APPLICABLE. 28 SENATE BILL 990 3
96	96
97	97
98	98
99	99	(E) “WARRANTY” INCLUDES A WARRANTY AS DESCRIBED IN §§ 2–312 1
100	100	THROUGH 2–315 OF THIS ARTICLE, AS APPLICABLE. 2
101	101
102	102	(F) “WARRANTY PERIOD ” MEANS THE LATER OF : 3
103	103
104	104	(1) THE PERIOD OF TIME ST ATED UNDER THE TERMS OF AN EXPRESS 4
105	105	WRITTEN WARRANTY ; OR 5
106	106
107	107	(2) THE FIRST YEAR IMME DIATELY FOLLOWING TH E ORIGINAL DATE 6
108	108	OF DELIVERY OF THE E QUIPMENT TO THE FIRS T CONSUMER . 7
109	109
110	110	14–15A–02. 8
111	111
112	112	(A) (1) (I) IF AGRICULTURAL EQUIP MENT DOES NOT CONFOR M TO ALL 9
113	113	APPLICABLE WARRANTIE S DURING THE WARRANT Y PERIOD, THE CONSUMER , 10
114	114	DURING THE WARRANTY PERIOD, SHALL REPORT THE NON CONFORMITY , DEFECT, 11
115	115	OR CONDITION BY PROV IDING WRITTEN NOTICE TO THE MANUFACTURER OR 12
116	116	FACTORY BRANCH BY CE RTIFIED MAIL, RETURN RECEIPT REQUE STED. 13
117	117
118	118	(II) NOTICE OF THE REQUIRE MENT UNDER SUBPARAGR APH (I) 14
119	119	OF THIS PARAGRAPH SH ALL BE CONSPI CUOUSLY DISCLOSED TO THE CONSUMER IN 15
120	120	WRITING AT THE TIME OF SALE OR DELIVERY OF THE AGRICULTURAL EQUIPMENT. 16
121	121
122	122	(2) THE CONSUMER SHALL PR OVIDE AN OPPORTUNITY FOR THE 17
123	123	MANUFACTURER OR FACT ORY BRANCH OR ITS AG ENT TO CORRECT THE 18
124	124	NONCONFORMITY , DEFECT, OR CONDITION. 19
125	125
126	126	(3) THE MANUFACTURER OR F ACTORY BRANCH , ITS AGENT, OR ITS 20
127	127	AUTHORIZED DEALER SH ALL CORRECT THE NONC ONFORMITY, DEFECT, OR 21
128	128	CONDITION: 22
129	129
130	130	(I) AT NO CHARGE TO THE C ONSUMER REGARDLESS O F 23
131	131	WHETHER THE REPAIRS ARE MADE AFTER THE E XPIRATION OF THE WAR RANTY 24
132	132	PERIOD; AND 25
133	133
134	134	(II) WITHIN 30 DAYS AFTER THE MANUF ACTURER’S OR 26
135	135	FACTORY DEALER ’S RECEIPT OF THE CON SUMER’S NOTIFICATION OF TH E 27
136	136	NONCONFORMITY , DEFECT, OR CONDITION UNDER P ARAGRAPH (1) OF THIS 28
137	137	SUBSECTION. 29
138	138
139	139	(B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION , IF, AFTER A 30
140	140	REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER OR FACTORY BRANCH , 31 4 SENATE BILL 990
141	141
142	142
143	143	ITS AGENT, OR ITS AUTHORIZED DE ALER IS UNABLE TO RE PAIR OR CORRECT ANY 1
144	144	DEFECT OR CONDITION THAT SUBSTANTIALLY I MPAIRS THE USE AND M ARKET 2
145	145	VALUE OF THE AGRICUL TURAL EQUIPMENT TO THE CONSUMER , THE 3
146	146	MANUFACTURER OR FACT ORY BRANCH, AT THE OPTION OF THE CONSUMER , SHALL: 4
147	147
148	148	(I) REPLACE THE AGRICULTU RAL EQUIPMENT WITH 5
149	149	COMPARABLE AGRICULTU RAL EQUIPMENT THAT I S ACCEPTABLE TO THE 6
150	150	CONSUMER ; OR 7
151	151
152	152	(II) ACCEPT RETURN OF THE AGRICULTURAL EQUI PMENT 8
153	153	FROM THE CONSUMER AN D REFUND TO THE CONS UMER THE FULL PURCHA SE PRICE 9
154	154	INCLUDING ALL LICENS E FEES, REGISTRATION FEES , AND ANY SIMILAR 10
155	155	GOVERNMENTAL CHARGES , LESS A REASONABLE AL LOWANCE FOR : 11
156	156
157	157	1. THE CONSUMER ’S USE OF THE EQUIPME NT NOT TO 12
158	158	EXCEED 15% OF THE PURCHASE PRIC E; AND 13
159	159
160	160	2. DAMAGE THAT IS NOT AT TRIBUTABLE TO NORMAL 14
161	161	WEAR OR A NONCONFORM ITY, DEFECT, OR CONDITION . 15
162	162
163	163	(2) THE MANUFACTURER OR F ACTORY BRANCH SHALL MAKE 16
164	164	REFUNDS UNDER PARAGR APH (1) OF THIS SUBSECTION T O THE CONSUMER AND 17
165	165	LIENHOLDER , IF ANY, AS THEIR INTERESTS A PPEAR. 18
166	166
167	167	(3) IT IS AN AFFIRMATIVE DEFENSE TO A CLAIM U NDER PARAGRAPH 19
168	168	(1) OF THIS SUBSECTION T HAT THE NONCONFORMIT Y, DEFECT, OR CONDITION: 20
169	169
170	170	(I) DOES NOT SUBSTANTIALL Y IMPAIR THE USE AND MARKET 21
171	171	VALUE OF THE AGRICUL TURAL EQUIPM ENT; OR 22
172	172
173	173	(II) IS THE RESULT OF ABUS E, NEGLECT, OR UNAUTHORIZED 23
174	174	MODIFICATIONS OR ALT ERATIONS OF THE AGRI CULTURAL EQUIPMENT . 24
175	175
176	176	(C) (1) IT SHALL BE PRESUMED THAT A REASONABLE NU MBER OF 25
177	177	ATTEMPTS HAVE BEEN M ADE TO CONFORM AGRIC ULTURAL EQUIPMENT TO THE 26
178	178	APPLICABLE WARRANTIE S IF: 27
179	179
180	180	(I) THE SAME NONCONFORMIT Y, DEFECT, OR CONDITION HAS 28
181	181	BEEN SUBJECT TO REPA IR FOUR OR MORE TIME S BY THE MANUFACTURE R OR 29
182	182	FACTORY BRANCH OR IT S AGENTS OR AUTHORIZ ED DEALERS WITHIN TH E 30
183	183	WARRANTY PERIOD , BUT THE NONCONFORMIT Y, DEFECT, OR CONDITION 31
184	184	CONTINUES TO EXIST ; OR 32
185	185	SENATE BILL 990 5
186	186
187	187
188	188	(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
189	189	AGRICULTURAL EQUIPME NT IS OUT OF SERVICE FOR A CUMULATIVE TOT AL OF 30 2
190	190	OR MORE CALENDAR DAY S DURING THE WARRANT Y PERIOD DUE TO THE REPAIR OR 3
191	191	ATTEMPTED REPAIR OF ONE OR MORE NONCONFO RMITIES, DEFECTS, OR 4
192	192	CONDITIONS. 5
193	193
194	194	(2) THE 30–DAY PERIOD DESCRIBED UNDER PARAGRAPH (1)(II) OF 6
195	195	THIS SUBSECTION DOES NOT INCLUDE A DAY ON WHICH A CONSUMER HAS BEEN 7
196	196	OFFERED OR PROVIDED BY A MANUFACTURER OR FACTORY BRANCH OR IT S 8
197	197	AUTHORIZED DEALERS WITH THE USE OF OTHER AGRICULTURA L EQUIPMENT THAT 9
198	198	PERFORMS THE SAME FU NCTION AS THE CONSUM ER’S AGRICULTURAL EQUIP MENT 10
199	199	BEING REPAIRED . 11
200	200
201	201	(D) THE TERM OF A WARRANT Y, THE WARRANTY PERIOD , AND THE 30–DAY 12
202	202	OUT–OF–SERVICE PERIOD DESCR IBED UNDER SUBSECTIO N (C)(1)(II) OF THIS 13
203	203	SECTION SHALL BE EXT ENDED BY ANY TIME DU RING WHICH REPAIR SE RVICES ARE 14
204	204	NOT AVAILABLE TO THE CONSUMER BY REASON O F WAR, INVASION, STRIKE, OR 15
205	205	FIRE, FLOOD, OR OTHER NATURAL DIS ASTER. 16
206	206
207	207	(E) THE PRESUMPTION DESCR IBED UNDER SUBSECTIO N (C) OF THIS 17
208	208	SECTION DOES NOT APP LY AGAINST A MANUFAC TURER IF THE MANUFAC TURER HAS 18
209	209	NOT BEEN PROVIDED BY THE CONSUMER : 19
210	210
211	211	(1) PRIOR DIRECT WRITTEN NOTIFICATION IN ACCO RDANCE WITH 20
212	212	SUBSECTION (A)(1) OF THIS SECTION; AND 21
213	213
214	214	(2) THE OPPORTUNITY TO CO RRECT THE ALLEGED 22
215	215	NONCONFORMITY , DEFECT, OR CONDITION IN ACCO RDANCE WITH SUBSECTI ON 23
216	216	(A)(2) OF THIS SECTION. 24
217	217
218	218	(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CONSUMER 25
219	219	WHO SUFFERS A LOSS B ECAUSE OF A VIOLATIO N OF A PROVISION OF THIS SECTION 26
220	220	MAY BRING A CIVIL AC TION TO ENFORCE THE PROVIS ION. 27
221	221
222	222	(2) AN ACTION BROUGHT UND ER PARAGRAPH (1) OF THIS 28
223	223	SUBSECTION SHALL BE COMMENCED NOT LATER THAN: 29
224	224
225	225	(I) 6 MONTHS AFTER THE EXP IRATION OF THE EXPRE SSLY 30
226	226	WRITTEN WARRANTY TER M; OR 31
227	227
228	228	(II) 24 MONTHS AFTER THE DAT E OF ORIGINAL DELI VERY OF 32
229	229	THE AGRICULTURAL EQU IPMENT TO THE CONSUM ER. 33
230	230	6 SENATE BILL 990
231	231
232	232
233	233	14–15A–03. 1
234	234
235	235	THIS SUBTITLE MAY NOT BE CONSTRUED TO LIMI T OR IMPAIR A RIGHT OR 2
236	236	REMEDY THAT IS OTHER WISE AVAILABLE TO A CONSUMER UNDER ANY O THER LAW. 3
237	237
238	238	14–15A–04. 4
239	239
240	240	(A) A VIOLATION OF THIS SU BTITLE IS: 5
241	241
242	242	(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 6
243	243	THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 7
244	244
245	245	(2) SUBJECT TO THE PENALT Y AND ENFORCEMENT PR OVISIONS 8
246	246	CONTAINED IN TITLE 13 OF THIS ARTICLE. 9
247	247
248	248	(B) IN ADDITION TO ANY OT HER REMEDIES THAT MA Y BE AVAILABLE UNDER 10
249	249	THIS SUBTITLE, IF A MANUFACTURER OR FACTORY BRANCH OR IT S AGENT OR 11
250	250	AUTHORIZED DISTRIBUT OR IS FOUND TO HAVE ACTED IN BAD FAITH , THE COURT 12
251	251	MAY AWARD THE CONSUM ER DAMAGES OF UP TO $10,000. 13
252	252
253	253	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shal l be construed to 14
254	254	apply only prospectively and may not be applied or interpreted to have any effect on or 15
255	255	application to any agricultural equipment, as defined in § 14–15A–01 of the Commercial 16
256	256	Law Article, as enacted by Section 1 of this Act, purchased before the effective date of this 17
257	257	Act. 18
258	258
259	259	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
260	260	October 1, 2025. 20
261	261