25.613.9 100th Legislative Session 1151
2025 South Dakota Legislature
House Bill 1151
Introduced by: Representative Overweg
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require that manufacturers of agricultural equipment allow an 1
independent repair provider or an owner to make certain repairs to 2
agricultural equipment. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That a NEW SECTION be added to chapter 37-5: 5
Terms used in this Act mean: 6
(1) "Agricultural equipment," machinery or equipment designed primarily for use in a 7
farm or ranch operation, including any attachment to, or repair part for, that 8
equipment. The term does not include: 9
(a) A self-propelled vehicle used primarily for the transportation of individuals 10
or property on a street or highway; 11
(b) Any vehicles described in chapter 32-20 or 32-20A; 12
(c) Aircraft; and 13
(d) Equipment designed primarily for irrigation; 14
(2) "Authorized repair provider," includes: 15
(a) An independent repair provider not affiliated with an agricultural equipment 16
manufacturer, other than through an arrangement for a definite or indefinite 17
period of time during which the manufacturer, for the purpose of providing 18
services to an equipment owner regarding the owner's equipment or 19
equipment part, grants the provider license to use a trade name, service 20
mark, or other proprietary identifier, and authorization under any other 21
arrangement to act on behalf of the manufacturer; and 22
(b) A manufacturer that offers to provide services to an owner of the 23
manufacturer's equipment, if the manufacturer does not have an 24
arrangement with an independent repair provider as described in this 25
subdivision; 26 25.613.9 2 1151
Underscores indicate new language.
Overstrikes indicate deleted language.
(3) "Data," information generated by or arising from the operation of an owner's 1
agricultural equipment or its parts, compiled or transmitted with the consent of the 2
owner; 3
(4) "Documentation," a manual, diagram, schematic diagram, reporting output, 4
service code description, security code, password, or similar guidance or 5
information, in electronic or tangible form, that a manufacturer provides to an 6
authorized repair provider to assist with services performed on the manufacturer's 7
equipment or equipment part; 8
(5) "Embedded software for agricultural equipment," programmable instructions 9
provided on firmware loaded to or delivered with agricultural equipment, necessary 10
for operation of the equipment, including all relevant patches, fixes and updates; 11
(6) "Fair and reasonable terms and costs," a business practice under which parts are 12
sold to an owner or independent repair provider at equitable terms for access to or 13
receipt of any part pertaining to agricultural equipment in a manner that: 14
(a) Is fair in light of any agreed-upon conditions, the promised quality, and the 15
timeliness of delivery; 16
(b) Does not discourage or disincentivize repairs to be made by an owner or an 17
independent repair provider; 18
(c) Does not impose on an owner or independent repair provider any 19
substantial obligation to use, or any restriction on the use of, a part, 20
embedded software, embedded software for agricultural equipment, 21
firmware, or tool; 22
(d) Does not require that the owner or independent repair provider become an 23
authorized repair provider of the manufacturer; and 24
(e) Does not impose on any owner or independent repair provider any 25
requirement that a part, embedded software, embedded software for 26
agricultural equipment, firmware, or tool, be registered, or paired with, or 27
approved by, the manufacturer or an authorized repair provider before the 28
part, embedded software, embedded software for agricultural equipment, 29
firmware, or tool, is operational; and 30
(7) "Firmware," a software program or instructions programmed on equipment or on 31
an equipment part to enable the equipment or part to function as designed or to 32
communicate with itself or with other computer hardware. 33
Section 2. That a NEW SECTION be added to chapter 37-5: 34 25.613.9 3 1151
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Overstrikes indicate deleted language.
An original manufacturer of agricultural equipment shall make available to any 1
independent repair provider in this state, or to any owner of the manufacturer's equipment 2
in this state, upon fair and reasonable terms, any documentation, parts, embedded 3
software, embedded software for agricultural equipment, firmware, tools, or data needed 4
to repair the equipment. 5
If equipment contains an electronic security lock or other security-related function, 6
the manufacturer shall make available to an independent repair provider or owner, upon 7
fair and reasonable terms and at reasonable cost, any documentation, equipment parts, 8
embedded software, embedded software for agricultural equipment, firmware, tools, or, 9
with the owner's permission, data needed to reset the lock or function when disabled in 10
the course of providing services. 11
Section 3. That a NEW SECTION be added to chapter 37-5: 12
This Act does not require a manufacturer of agricultural equipment to divulge trade 13
secrets. 14
A manufacturer of agricultural equipment may not refuse to make available to an 15
independent repair provider or owner any documentation, part, embedded software, 16
embedded software for agricultural equipment, firmware, tool, or, with owner 17
authorization, any data necessary to provide services, on the grounds that the 18
documentation, part, embedded software, embedded software for agricultural equipment, 19
firmware, tool, or data, is itself a trade secret. 20
A manufacturer may withhold information regarding a component of, the design 21
of, functionality of, or process of developing a part, embedded software, embedded 22
software for agricultural equipment, firmware, or tool, if the information is a trade secret 23
and the repairability of the part, embedded software, embedded software for agricultural 24
equipment, firmware, or tool is not diminished for the purposes of providing services. 25
Section 4. That a NEW SECTION be added to chapter 37-5: 26
An independent repair provider may not: 27
(1) Make any modification to agricultural equipment that deactivates a safety 28
notification system, except as necessary to provide services; 29
(2) Access any function of a tool that enables the independent repair provider or owner 30
to change the settings for a piece of agricultural equipment in a manner that brings 31
the equipment out of compliance with any federal, state, or local safety or 32
emissions law, except as necessary to provide services; or 33 25.613.9 4 1151
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Overstrikes indicate deleted language.
(3) Engage in any other illegal equipment modifications. 1