2025 -- H 5159
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LC000718
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
AGRICULTURAL EQUIPME NT RIGHT TO REPAIR ACT
Introduced By: Representatives Shallcross Smith, Chippendale, Nardone, Casimiro, and
Fogarty
Date Introduced: January 24, 2025
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 1
REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
CHAPTER 61 3
AGRICULTURAL EQUIPMENT RIGHT TO REPAIR ACT 4
6-61-1. Short title. 5
This chapter shall be known and may be cited as the "Agricultural Equipment Right to 6
Repair Act". 7
6-61-2. Definitions. 8
As used in this chapter: 9
(1) "Authorized repair provider" means an individual or business who is affiliated with an 10
original equipment manufacturer and who has an arrangement with the original equipment 11
manufacturer, for a definite or indefinite period, under which the original equipment manufacturer 12
grants to the individual or business a license to use a trade name, service mark, or other proprietary 13
identifier for the purposes of offering the services of diagnosis, maintenance, or repair of 14
electronics-enabled agricultural equipment under the name of the original equipment manufacturer, 15
or other arrangement with the original equipment manufacturer to offer such services on behalf of 16
the original equipment manufacturer. An original equipment manufacturer who offers the services 17
of diagnosis, maintenance, or repair of its own electronics-enabled agricultural equipment, shall be 18
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considered an authorized repair provider with respect to such equipment; 1
(2) "Documentation" means any manual, diagram, reporting output, service code 2
description, schematic, product guides, product service demonstrations, training seminars, clinics, 3
fleet management information, connected support, mobile applications, on-board diagnostics via 4
diagnostics port or wireless interface, or other guidance or information on service, parts, operation, 5
safety, electronic field diagnostic service tools, or training for use in effecting the services of 6
diagnosis, maintenance, or repair of electronics-enabled agricultural equipment; 7
(3) "Electronics-enabled agricultural equipment" or "equipment" means any product, part 8
of a product, or attachment to a product, when sold or leased for use in farming, ranching, or other 9
agriculture, that depends for its functioning, in whole or in part, on digital electronics embedded in 10
or attached to it. The term includes, but is not limited to, a tractor, trailer, combine, tillage, planting, 11
irrigation, or cultivating implement, baler, unmanned aircraft system, or off-road vehicle. 12
Electronics-enabled agricultural equipment or equipment does not include motor vehicles, and does 13
not include consumer electronic devices, including wireless communication devices and 14
computers; 15
(4) "Embedded software" means any programmable instructions provided on firmware 16
delivered with electronics-enabled agricultural equipment, or with a part for such equipment, for 17
purposes of equipment operation, including all relevant patches and fixes made available by the 18
manufacturer of such equipment or part for such purposes; 19
(5) "Fair and reasonable terms for obtaining a part, a tool, documentation, or software" 20
means at fair and reasonable costs and terms that do not impair the contracts and agreements 21
between authorized repair providers affiliated with the original equipment manufacturer. Fair and 22
reasonable terms shall not include additional cost or burden not reasonably necessary, or designed 23
to be an impediment on the independent repair provider or equipment owner. 24
(6) "Fair and reasonable terms for software tools" means permitting or effecting the 25
diagnosis, maintenance, or repair and enabling full functionality of electronics-enabled agricultural 26
equipment without requiring authorization or Internet access, or in a manner that impairs the 27
efficient and cost-effective performance of any of those activities unless authorization is required 28
to prevent access to source code or infringement of intellectual property in software or hardware 29
that is owned and licensed to the original equipment manufacturer by a third party and subject to 30
terms of use; 31
(7) "Firmware" means a software program or set of instructions programmed on 32
electronics-enabled agricultural equipment, or on a part for such equipment, to allow the equipment 33
or part to communicate within itself or with other computer hardware; 34
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(8) "Independent repair provider" means an individual or business operating in this state, 1
that does not have an arrangement with an original equipment manufacturer and is not affiliated 2
with any individual or business which has such an arrangement with an original equipment 3
manufacturer, and is engaged in the service, diagnosis, maintenance, or repair of electronics-4
enabled agricultural equipment. An original equipment manufacturer, individual or business which 5
has a service or repair arrangement with another original equipment manufacturer shall be 6
considered an independent repair provider for purposes of those instances in which it engages in 7
the service, diagnosis, maintenance, or repair of electronics-enabled agricultural equipment that is 8
not manufactured by or sold under the independent repair provider's brand name; 9
(9) "Motor vehicle" shall have the same meaning as set forth in § 31-1-3; 10
(10) "Original equipment manufacturer" means a business engaged in the business of 11
selling, leasing, or otherwise supplying new electronics-enabled agricultural equipment 12
manufactured by or on behalf of itself to any individual or business; 13
(11) "Owner" means an individual or business that owns or has leased for use in this state 14
electronics-enabled agricultural equipment; 15
(12) "Part" means any replacement part, either new or used, made available by an original 16
equipment manufacturer for purposes of effecting the service, maintenance or repair of electronics-17
enabled agricultural equipment manufactured by or on behalf of, sold or otherwise supplied by the 18
original equipment manufacturers, implemented by or with surrogate distributors; 19
(13) "Repair" means to maintain, diagnose, and repair machinery that results in the machine 20
being returned to its original specifications. Repair does not include performing any activities that 21
result in the machine being modified outside of the original equipment manufacturer specifications. 22
Specifically, repair does not include the ability to: 23
(i) Reset an immobilizer system or security-related electronic modules; 24
(ii) Reprogram any electronic processing units or engine control units and parameters; 25
(iii) Change any equipment or engine settings that negatively affect emissions or safety 26
compliance; or 27
(iv) Download or access the source code of any proprietary embedded software or code. 28
(14) "Surrogate distributor" means any independent dealership, wholesale distributor, 29
and/or any retail establishment dealing in agricultural equipment. 30
(15) "Tool" means any software program, hardware implement, product service 31
demonstrations, training, seminars, clinics, on-board diagnostics via diagnostics port or wireless 32
interface, electronic field diagnostic service tools and training on how to use them, or other 33
apparatus used for diagnosis, maintenance, or repair of electronics-enabled agricultural equipment, 34
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including software or other mechanisms that provision, program, or pair a new part, calibrate 1
functionality, or perform any other function required to bring the product back to specifications. 2
(16) "Trade secret" shall have the same meaning as set forth in § 6-41-1. 3
6-61-3. Agricultural equipment manufacturer's duty. 4
For electronics-enabled agricultural equipment, and parts for such equipment, sold or used 5
in this state, an original equipment manufacturer shall make available, for purposes of diagnosis, 6
maintenance, or repair of such equipment, to any independent repair provider, or to the owner of 7
electronics-enabled agricultural equipment manufactured by or on behalf of, sold or otherwise 8
supplied by, the original equipment manufacturer, on fair and reasonable terms, documentation, 9
parts, and tools, inclusive of any updates to information or embedded software. Nothing in this 10
section requires an original equipment manufacturer to make available documentation, parts, and 11
tools if such documentation, parts, and/or tools are no longer available to the original equipment 12
manufacturer. 13
6-61-4. Trade secrets. 14
Nothing in this chapter shall be construed to require an original equipment manufacturer 15
to divulge a trade secret to an owner or an independent service provider except as necessary to 16
provide documentation, parts, and tools on fair and reasonable terms. 17
6-61-5. Warranty and recalls. 18
No provision in this chapter shall be construed to alter the terms of any arrangement in 19
force between an authorized repair provider and an original equipment manufacturer, including, 20
but not limited to, the performance or provision of warranty or recall repair work by an authorized 21
repair provider on behalf of an original equipment manufacturer pursuant to such arrangement, 22
except that any provision in such terms that purports to waive, avoid, restrict, or limit the original 23
equipment manufacturer's obligations to comply with the provisions of this chapter shall be void 24
and unenforceable. 25
6-61-6. Enforcement. 26
(a) Any person suffering loss due to a violation of this chapter may bring a civil action to 27
recover actual damages, reasonable attorneys' fees and court costs. 28
(b) The attorney general may enforce the provisions of this chapter in an action for an 29
injunction or other equitable relief. 30
(c) Any action for damages pursuant to this chapter or to enforce the provisions of this 31
chapter shall be filed within three (3) years of the violation. 32
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SECTION 2. This act shall take effect upon passage. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
AGRICULTURAL EQUIPME NT RIGHT TO REPAIR ACT
***
This act would provide that original equipment manufacturers, implemented by or with 1
surrogate distributors, of agricultural equipment would provide to independent service providers 2
repair information and tools to maintain and repair electronics-enabled agricultural equipment. 3
This act would take effect upon passage. 4
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