1.1 A bill for an act
1.2 relating to commerce; requiring an original equipment manufacturer to facilitate
1.3 the repair of farm equipment; amending Minnesota Statutes 2024, section 325E.72,
1.4 subdivisions 2, 3, 5, 6, 7, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 325E.72, subdivision 2, is amended to read:
1.7 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
1.8meanings given.
1.9 (b) "Authorized repair provider" means an individual or business who is unaffiliated
1.10with an original equipment manufacturer and who has: (1) an arrangement with the original
1.11equipment manufacturer, for a definite or indefinite period, under which the original
1.12equipment manufacturer grants to the individual or business a license to use a trade name,
1.13service mark, or other proprietary identifier to offer diagnostic, maintenance, or repair
1.14services for digital electronic equipment or farm equipment under the name of the original
1.15equipment manufacturer; or (2) an arrangement with the original equipment manufacturer
1.16to offer diagnostic, maintenance, or repair services for digital electronic equipment or farm
1.17equipment on behalf of the original equipment manufacturer. An original equipment
1.18manufacturer that offers diagnostic, maintenance, or repair services for the original equipment
1.19manufacturer's digital electronic equipment or farm equipment is considered an authorized
1.20repair provider with respect to the digital electronic equipment and farm equipment if the
1.21original equipment manufacturer does not have an arrangement described in this paragraph
1.22with an unaffiliated individual or business.
1.23 (c) "Contractor" has the meaning given in section 326B.31, subdivision 14.
1Section 1.
REVISOR RSI/LJ 25-0201001/27/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 970
NINETY-FOURTH SESSION
Authored by Pursell, Nelson, Frederick, Allen, Cha and others02/17/2025
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (d) "Cybersecurity" means the practice of protecting networks, devices, and data from
2.2unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity,
2.3and availability of information.
2.4 (e) "Digital electronic equipment" or "equipment" means any hardware product that
2.5depends, in whole or in part, on digital electronics embedded in or attached to the product
2.6in order for the product to function, for which the original equipment manufacturer makes
2.7available tools, parts, or documentation to authorized repair providers.
2.8 (f) "Documentation" means a manual, diagram, reporting output, service code description,
2.9schematic diagram, or similar information made available by an original equipment
2.10manufacturer to an authorized repair provider to facilitate diagnostic, maintenance, or repair
2.11services for digital electronic equipment or farm equipment.
2.12 (g) "Embedded software" means any programmable instructions provided on firmware
2.13delivered with digital electronic equipment or farm equipment, or with a part for the
2.14equipment, in order to operate the equipment. Embedded software includes all relevant
2.15patches and fixes made by the manufacturer of the equipment or part in order to operate the
2.16equipment.
2.17 (h) "Equipment" means digital electronic equipment and farm equipment, unless the
2.18context clearly indicates otherwise.
2.19 (i) "Fair and reasonable terms" means, with respect to:
2.20 (1) parts for digital electronic equipment or farm equipment offered by an original
2.21equipment manufacturer:
2.22 (i) costs that are fair to both parties; and
2.23 (ii) terms under which an original equipment manufacturer offers the part to an authorized
2.24repair provider and which:
2.25 (A) is not conditioned on or imposing a substantial obligation to use or restrict the use
2.26of the part to diagnose, maintain, or repair digital electronic equipment or farm equipment
2.27sold, leased, or otherwise supplied by the original equipment manufacturer, including a
2.28condition that the owner or independent repair provider become an authorized repair provider
2.29of the original equipment manufacturer; or
2.30 (B) a requirement that a part be registered, paired with, or approved by the original
2.31equipment manufacturer or an authorized repair provider before the part is operational or
2.32prohibit an original equipment manufacturer from imposing any additional cost or burden
2Section 1.
REVISOR RSI/LJ 25-0201001/27/25 3.1that is not reasonably necessary or is designed to be an impediment on the owner or
3.2independent repair provider;
3.3 (2) tools, software, and documentation for digital electronic equipment offered by an
3.4original equipment manufacturer:,
3.5 (i) costs that are equivalent to the lowest actual cost for which the original equipment
3.6manufacturer offers the tool, or software, or documentation to an authorized repair provider,
3.7including any discount, rebate, or other financial incentive offered to an authorized repair
3.8provider; and
3.9 (ii) (3) tools, software, and documentation for digital electronic equipment or farm
3.10equipment offered by an original equipment manufacturer, terms that are equivalent to the
3.11most favorable terms under which an original equipment manufacturer offers the tool,
3.12software, or documentation to an authorized repair provider, including the methods and
3.13timeliness of delivery of the tool, software, or documentation, do not impose on an owner
3.14or an independent repair provider:
3.15 (A) (i) a substantial obligation to use or restrict the use of the tool, software, or
3.16documentation to diagnose, maintain, or repair digital electronic equipment or farm
3.17equipment sold, leased, or otherwise supplied by the original equipment manufacturer,
3.18including a condition that the owner or independent repair provider become an authorized
3.19repair provider of the original equipment manufacturer; or
3.20 (B) (ii) a requirement that a tool be registered, paired with, or approved by the original
3.21equipment manufacturer or an authorized repair provider before the part or tool is operational;
3.22and
3.23 (3) (4) documentation offered by an original equipment manufacturer: that the
3.24documentation is made available by the original equipment manufacturer at no charge,
3.25except that when the documentation is requested in physical printed form, a charge may be
3.26included for the reasonable actual costs of preparing and sending the copy.
3.27 (j) "Farm equipment" has the meaning given in section 325E.061, subdivision 2, except
3.28that farm equipment does not include heavy and utility equipment, as defined under section
3.29325E.068, subdivision 2.
3.30 (k) "Farm equipment manufacturer" means a person, partnership, corporation, association,
3.31or other form of business enterprise engaged in the manufacturing, assembly, or wholesale
3.32distribution of farm equipment. Farm equipment manufacturer includes a successor in
3.33interest of the farm equipment manufacturer, including a purchaser of assets or stock, a
3Section 1.
REVISOR RSI/LJ 25-0201001/27/25 4.1surviving corporation resulting from a merger or liquidation, a receiver or assignee, or a
4.2trustee of the original farm equipment manufacturer.
4.3 (i) (l) "Independent repair provider" means an individual or business operating in
4.4Minnesota that: (1) does not have an arrangement described in paragraph (b) with an original
4.5equipment manufacturer; (2) is not affiliated with any individual or business that has an
4.6arrangement described in paragraph (b); and (3) is engaged in providing diagnostic,
4.7maintenance, or repair services for digital electronic equipment or farm equipment. An
4.8original equipment manufacturer or, with respect to the original equipment manufacturer,
4.9an individual or business that has an arrangement with the original equipment manufacturer
4.10or is affiliated with an individual or business that has an arrangement with that original
4.11equipment manufacturer, is considered an independent repair provider for purposes of the
4.12instances the original equipment manufacturer engages in diagnostic, maintenance, or repair
4.13services for digital electronic equipment or farm equipment that is not manufactured by or
4.14sold under the name of the original equipment manufacturer.
4.15 (j) (m) "Manufacturer of motor vehicle equipment" means a business engaged in the
4.16business of manufacturing or supplying components used to manufacture, maintain, or repair
4.17a motor vehicle.
4.18 (k) (n) "Motor vehicle" means a vehicle that is: (1) designed to transport persons or
4.19property on a street or highway; and (2) certified by the manufacturer under (i) all applicable
4.20federal safety and emissions standards, and (ii) all requirements for distribution and sale in
4.21the United States. Motor vehicle does not include a recreational vehicle or an auto home
4.22equipped for habitation.
4.23 (l) (o) "Motor vehicle dealer" means an individual or business that, in the ordinary course
4.24of business: (1) is engaged in the business of selling or leasing new motor vehicles to an
4.25individual or business pursuant to a franchise agreement; (2) has obtained a license under
4.26section 168.27; and (3) is engaged in providing diagnostic, maintenance, or repair services
4.27for motor vehicles or motor vehicle engines pursuant to a franchise agreement.
4.28 (m) (p) "Motor vehicle manufacturer" means a business engaged in the business of
4.29manufacturing or assembling new motor vehicles.
4.30 (n) (q) "Original equipment manufacturer" means any individual or business that, in the
4.31normal course of business, is engaged in the business of selling or leasing to any individual
4.32or business new digital electronic equipment or farm equipment manufactured by or on
4.33behalf of the original equipment manufacturer.
4Section 1.
REVISOR RSI/LJ 25-0201001/27/25 5.1 (o) (r) "Owner" means an individual or business that owns or leases digital electronic
5.2equipment or farm equipment purchased or used in Minnesota.
5.3 (p) (s) "Part" means any replacement part or assembly of parts, either new or used, made
5.4available by an original equipment manufacturer to authorized repair providers to facilitate
5.5the maintenance or repair of digital electronic equipment or farm equipment manufactured
5.6or sold by the original equipment manufacturer.
5.7 (t) "Parts pairing" means a manufacturer's use of software to identify component parts
5.8through a unique identifier.
5.9 (q) (u) "Personally identifiable information" means any representation of information
5.10that permits the identity of an individual to whom the information applies to be reasonably
5.11inferred by either direct or indirect means.
5.12 (v) "Proprietary firmware" means permanent software programmed into read-only
5.13memory that the manufacturer has restricted from use, private modification, copying, or
5.14republication.
5.15 (r) (w) "Tool" means any software program, hardware implement, or other apparatus
5.16used for diagnosis, maintenance, or repair of digital electronic equipment or farm equipment,
5.17including software or other mechanisms that provide, program, pair a part, calibrate
5.18functionality, or perform any other function required to repair the original equipment or
5.19part back to fully functional condition, including updates.
5.20 (s) (x) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
5.21 (t) (y) "Video game console" means a computing device, such as a console machine, a
5.22handheld console device, or another device or system, and its components and peripherals,
5.23that is primarily used by consumers for playing video games but which is neither a general
5.24nor an all-purpose computer. A general or all-purpose computer includes but is not limited
5.25to a desktop computer, laptop, tablet, or cell phone.
5.26 Sec. 2. Minnesota Statutes 2024, section 325E.72, subdivision 3, is amended to read:
5.27 Subd. 3.Requirements.(a) For digital electronic equipment, farm equipment, and parts
5.28for the equipment sold or used in Minnesota, an original equipment manufacturer must
5.29make available to any independent repair provider or to the owner of digital electronic
5.30equipment or farm equipment manufactured by or on behalf of, or sold by, the original
5.31equipment manufacturer, on fair and reasonable terms, documentation, parts, and tools,
5.32inclusive of any updates to information or embedded software, for diagnostic, maintenance,
5.33or repair purposes. Documentation, parts, and tools must be made available directly by the
5Sec. 2.
REVISOR RSI/LJ 25-0201001/27/25 6.1original equipment manufacturer or an authorized repair provider or distributor. Nothing
6.2in this section requires an original equipment manufacturer to make available a part, tools,
6.3or documentation if it is no longer available to the original equipment manufacturer.
6.4 (b) Such parts, tools, and documentation shall be made available within 60 days after
6.5the first sale of the digital electronic equipment or farm equipment in Minnesota.
6.6 (c) A farm equipment manufacturer must make available tools, software, and
6.7documentation for farm equipment to owners at no charge. If a physical tool is requested,
6.8a farm equipment manufacturer may charge a fee to pay for reasonable, actual costs incurred
6.9to prepare and send a physical tool.
6.10 Sec. 3. Minnesota Statutes 2024, section 325E.72, is amended by adding a subdivision to
6.11read:
6.12 Subd. 3a.Prohibitions.An original equipment manufacturer must not use parts pairing,
6.13proprietary firmware, or any other mechanism to:
6.14 (1) prevent the installation or functioning of an otherwise functional part, including a
6.15replacement part or component that is not approved by the manufacturer;
6.16 (2) inhibit or reduce the functioning of a part, so that replacement by an independent
6.17repair provider or the device owner causes the device to operate with reduced functionality
6.18or performance;
6.19 (3) create false, misleading, deceptive, or undismissable alerts or warnings about parts;
6.20 (4) charge additional fees or increased prices for future repairs; or
6.21 (5) limit who can purchase parts or perform repair services.
6.22 Sec. 4. Minnesota Statutes 2024, section 325E.72, subdivision 5, is amended to read:
6.23 Subd. 5.Limitations.(a) Nothing in this section requires an original equipment
6.24manufacturer to divulge a trade secret or license any intellectual property to an owner or
6.25an independent service provider, except as necessary to provide documentation, parts, and
6.26tools on fair and reasonable terms.
6.27 (b) Nothing in this section alters the terms of any arrangement described in subdivision
6.282, paragraph (b), including but not limited to the performance or provision of warranty or
6.29recall repair work by an authorized repair provider on behalf of an original equipment
6.30manufacturer pursuant to the arrangement, in force between an authorized repair provider
6.31and an original equipment manufacturer. A provision in the terms of an arrangement
6Sec. 4.
REVISOR RSI/LJ 25-0201001/27/25 7.1described in subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the
7.2original equipment manufacturer's obligations to comply with this section is void and
7.3unenforceable.
7.4 (c) Nothing in this section requires that an original equipment manufacturer or authorized
7.5repair provider is held liable for damage or injury to farm equipment caused by an
7.6independent repair provider or owner that: (1) occurs during the course of repairing,
7.7diagnosing, or maintaining the farm equipment; and (2) is not attributable to the original
7.8equipment manufacturer or authorized repair provider, unless the failure is attributable to
7.9design or manufacturing defects.
7.10 (d) Nothing in this section requires a manufacturer to provide a part or equipment used
7.11solely to develop the manufacturer's products.
7.12 (e) Nothing in this section allows a modification that permanently deactivates a safety
7.13notification system in the course of diagnosing, maintaining, or repairing farm equipment.
7.14 (f) Nothing in this section allows a modification that causes a piece of equipment to
7.15become permanently out of compliance with applicable safety or emissions laws.
7.16 (g) Nothing in this section requires an original equipment manufacturer or an authorized
7.17repair provider to provide to an owner or independent repair provider access to information,
7.18other than documentation, that is provided by the original equipment manufacturer to an
7.19authorized repair provider pursuant to the terms of an arrangement described in subdivision
7.202, paragraph (b).
7.21 (d) (h) Nothing in this section requires an original equipment manufacturer or authorized
7.22repair provider to make available any parts, tools, or documentation for the purpose of
7.23making modifications to any digital electronic equipment or farm equipment.
7.24 (e) (i) Nothing in this section shall be construed to require the original equipment
7.25manufacturer to sell service parts if the service parts are no longer provided by the original
7.26equipment manufacturer or made available to authorized repair providers of the original
7.27equipment manufacturer.
7.28 (f) (j) Nothing in this section shall require an original manufacturer to make available
7.29special documentation, tools, and parts that would disable or override antitheft security
7.30measures set by the owner of the equipment without the owner's authorization.
7.31 (g) (k) Nothing in this section shall apply if the original equipment manufacturer provides
7.32equivalent or better, readily available replacement equipment at no charge to the customer.
7Sec. 4.
REVISOR RSI/LJ 25-0201001/27/25 8.1 (h) (l) Nothing in this section requires the original manufacturer to provide access to
8.2parts, tools, or documentation for work that is required to be done or supervised by an
8.3individual or contractor licensed under chapter 326B or with any individual or contractor
8.4who does not possess the relevant license required for that work.
8.5 Sec. 5. Minnesota Statutes 2024, section 325E.72, subdivision 6, is amended to read:
8.6 Subd. 6.Exclusions.(a) Nothing in this section applies to: (1) a motor vehicle
8.7manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in
8.8that capacity; or (2) any product or service of a motor vehicle manufacturer, manufacturer
8.9of motor vehicle equipment, or motor vehicle dealer acting in that capacity.
8.10 (b) Nothing in this section applies to manufacturers or distributors of a medical device
8.11as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section
8.12301 et seq., or a digital electronic product or software manufactured for use in a medical
8.13setting including diagnostic, monitoring, or control equipment or any product or service
8.14that the manufacturer or distributor of a medical device offers.
8.15 (c) Nothing in this section applies to manufacturers, distributors, importers, or dealers
8.16of any off-road or nonroad equipment, including without limitation farm and utility tractors;
8.17farm implements; farm machinery; forestry equipment; industrial equipment; utility
8.18equipment; construction equipment; compact construction equipment; road-building
8.19equipment; electronic vehicle charging infrastructure equipment; mining equipment; turf,
8.20yard, and garden equipment; outdoor power equipment; portable generators; marine,
8.21all-terrain sports, and recreational vehicles, including without limitation racing vehicles;
8.22stand-alone or integrated stationary or mobile internal combustion engines; generator sets
8.23and fuel cell power; power tools; and any tools, technology, attachments, accessories,
8.24components, and repair parts for any of the foregoing.
8.25 (d) Nothing in this section shall be construed to require any original equipment
8.26manufacturer or authorized repair provider to make available any parts, tools, or
8.27documentation required for the diagnosis, maintenance, or repair of a video game console
8.28and its components and peripherals.
8.29 (e) Nothing in this section applies to an energy storage system, as defined in section
8.30216B.2422, subdivision 1, paragraph (f).
8.31 (f) Nothing in this section requires an original equipment manufacturer to make available
8.32parts, documentation, or tools related to cybersecurity, except as necessary for the repair or
8.33maintenance of equipment. Notwithstanding anything in this section to the contrary, an
8Sec. 5.
REVISOR RSI/LJ 25-0201001/27/25 9.1original equipment manufacturer is not required to make available parts, documentation,
9.2or tools related to cybersecurity which: (1) could reasonably give a recipient or third-party
9.3access to trade secret or personally identifiable information owned or possessed by an
9.4original equipment manufacturer for itself or on behalf of another person; (2) is protected
9.5from disclosure under other laws of this state; or (3) could reasonably be used to compromise
9.6cybersecurity or cybersecurity equipment.
9.7 (g) Nothing in this section applies to information technology equipment that is intended
9.8for use in critical infrastructure, as defined in United States Code, title 42, section 5195c(e).
9.9 Sec. 6. Minnesota Statutes 2024, section 325E.72, subdivision 7, is amended to read:
9.10 Subd. 7.Liability, defenses, and warranties.No original equipment manufacturer or
9.11authorized repair provider shall be liable for any damage or injury caused to any digital
9.12electronic equipment, farm equipment, person, or property that occurs as a result of repair,
9.13diagnosis, maintenance, or modification performed by an independent repair provider or
9.14owner, including but not limited to any indirect, incidental, special, or consequential damages;
9.15any loss of data, privacy, or profits; or an inability to use, or reduced functionality of, the
9.16digital electronic equipment or farm equipment.
9Sec. 6.
REVISOR RSI/LJ 25-0201001/27/25