WI
Wisconsin Senate Bill SB148

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB148 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 148
55 March 21, 2025 - Introduced by Senators PFAFF, KEYESKI, RATCLIFF, ROYS,
66 HESSELBEIN, SMITH, SPREITZER, LARSON, DASSLER-ALFHEIM and WALL,
77 cosponsored by Representatives J. JACOBSON, BILLINGS, JOHNSON, ROE, CRUZ,
88 EMERSON, GOODWIN, MIRESSE, JOERS, PHELPS, MADISON, STUBBS, CLANCY,
99 SUBECK, PALMERI, MCCARVILLE, DESMIDT, TENORIO, FITZGERALD, BROWN and
1010 BEHNKE. Referred to Committee on Transportation and Local Government.
1111
1212 ***AUTHORS SUBJECT TO CHANGE***
1313 AN ACT to create 100.204 of the statutes; relating to: the right to repair
1414 agricultural equipment, and providing a penalty.
1515 Analysis by the Legislative Reference Bureau
1616 This bill requires agricultural equipment manufacturers to upon request
1717 make available to agricultural equipment owners and independent service
1818 providers any documentation, data, embedded software, firmware, parts, or tools
1919 that are intended for use with agricultural equipment, at certain fair costs and fair
2020 terms as articulated in the bill. XEquipmentY is defined in the bill to include
2121 equipment or parts that are designed primarily for use in the operation of a farm or
2222 in farm-related activities, including any combine, tractor, sprayer, implement, or
2323 attachment used in planting, cultivating, irrigating, harvesting, or ranching, but
2424 not including vehicles or self-propelled machines designed primarily for the
2525 transportation of persons or property on a street or highway, aircraft, snowmobiles,
2626 personal watercraft or motorboats, or equipment or parts used for irrigation
2727 purposes. XDataY is defined in the bill to mean information that a manufacturer
2828 gathered, transmitted, or compiled that arose from the operation of an owner[s
2929 equipment and for which the associated owner has provided consent and
3030 authorization for the manufacturer to share.
3131 The bill generally does not require manufacturers to provide documentation,
3232 parts, embedded software, firmware, or tools that would require a manufacturer to
3333 divulge a trade secret. The bill exempts manufacturers and equipment dealers
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3939 SECTION 1
4040 from liability stemming from an owner[s or independent repair provider[s faulty or
4141 otherwise improper repair that causes damage or loss of use of equipment, and
4242 exempts manufacturers from liability for an action resulting from a person[s use or
4343 reliance upon data that the manufacturer provided to a person.
4444 For further information see the state fiscal estimate, which will be printed as
4545 an appendix to this bill.
4646 The people of the state of Wisconsin, represented in senate and assembly, do
4747 enact as follows:
4848 SECTION 1. 100.204 of the statutes is created to read:
4949 100.204 Right to repair agricultural equipment. (1) DEFINITIONS. In
5050 this section:
5151 (a) XAuthorized repair providerY means a person that is not affiliated with a
5252 manufacturer. XAuthorized repair providerY includes all of the following:
5353 1. A manufacturer, if all of the following apply:
5454 a. The manufacturer offers to an owner of the manufacturer[s equipment or
5555 part a service related to the owner[s equipment or part.
5656 b. The manufacturer does not have an arrangement with a person in which
5757 the manufacturer, for the purpose of the person providing a service to an owner
5858 regarding the owner[s equipment or a part, grants the person an authorization to
5959 act on behalf of the manufacturer or grants the person a license to use a trade
6060 name, service mark, or other proprietary identifier.
6161 2. A person affiliated with a manufacturer if the affiliation is through an
6262 arrangement in which the manufacturer, for the purpose of the person providing a
6363 service to an owner regarding the owner[s equipment or a part, grants the person
6464 an authorization to act on behalf of the manufacturer or grants the person a license
6565 to use a trade name, service mark, or other proprietary identifier.
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8888 (b) XDataY means information that a manufacturer gathered, transmitted, or
8989 compiled that arose from the operation of an owner[s equipment and for which the
9090 associated owner has provided consent and authorization for the manufacturer to
9191 share.
9292 (c) XDocumentationY means an electronic or tangible manual, diagram,
9393 schematic diagram, reporting output, service code description, security code or
9494 password or other similar type of guidance or information that a manufacturer
9595 provides to an authorized repair provider to assist the authorized repair provider
9696 with a service performed on the manufacturer[s equipment or part.
9797 (d) XEmbedded softwareY means programmable instructions provided on
9898 firmware delivered with or loaded on an electronic component of equipment or a
9999 part for the purpose of restoring or improving operation of the piece of equipment or
100100 part. XEmbedded softwareY includes all relevant patches and fixes that the
101101 manufacturer makes to equipment or a part for the purpose of restoring or
102102 improving the equipment or part, and an internal operating system, machine code,
103103 assembly code, root code, and microcode.
104104 (e) XEquipmentY means equipment or parts that are designed primarily for
105105 use in the operation of a farm or in farm-related activities, including any combine,
106106 tractor, sprayer, implement, or attachment used in planting, cultivating, irrigating,
107107 harvesting, or ranching. XEquipmentY does not include vehicles or self-propelled
108108 machines designed primarily for the transportation of persons or property on a
109109 street or highway, aircraft, snowmobiles, personal watercraft or motorboats, or
110110 equipment or parts used for irrigation purposes.
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138138 (f) XEquipment dealerY means a person engaged in the retail sale of
139139 equipment.
140140 (g) 1. Except as provided in subds. 2. and 3., Xfair costsY means costs assessed
141141 under equitable terms and in a manner that is fair to both parties to a transaction
142142 in light of any agreed-upon conditions, promised quality, and timeliness of delivery,
143143 and in a manner that does not discourage or disincentivize an equipment owner or
144144 an independent repair provider from making repairs.
145145 2. In regards to documentation, Xfair costsY means that the manufacturer
146146 provides the documentation, including any relevant updates to the documentation,
147147 for free, except that a manufacturer may charge a fee for a printed copy of the
148148 documentation, which fee may amount only to the manufacturer[s actual cost to
149149 prepare and send the printed documentation.
150150 3. In regards to embedded software, Xfair costsY means that the manufacturer
151151 provides the embedded software in all of the following ways:
152152 a. For free, and without requiring authorization, Internet access, or other
153153 impediments to use.
154154 b. In the course of effectuating the diagnosis, maintenance, or repair and
155155 enabling the full functionality of the equipment or part.
156156 c. In a manner that does not impair the efficient and cost-effective
157157 performance of the equipment or part.
158158 (h) XFair termsY means terms that do not impose on an owner or independent
159159 repair provider any of the following:
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185185 SECTION 1
186186 1. A substantial obligation to use, or a restriction on the use of, embedded
187187 software, firmware, a part, or tool.
188188 2. A condition that the owner or independent retail provider become an
189189 authorized repair provider of a manufacturer.
190190 3. A requirement that embedded software, firmware, a part, or a tool be
191191 registered, paired with, or approved by a manufacturer or an authorized repair
192192 provider in order for the embedded software, firmware, part, or tool to be
193193 operational.
194194 (i) XFirmwareY means a software program or set of instructions programmed
195195 on equipment or a part that allows the equipment or part to function or
196196 communicate with itself or other computer hardware.
197197 (j) XIndependent repair providerY means a person who is not a manufacturer[s
198198 authorized repair provider or a person affiliated with a manufacturer[s authorized
199199 repair provider and who is engaged in the offering of or providing a service.
200200 XIndependent repair providerY includes all of the following:
201201 1. An authorized repair provider that is offering or providing a service for a
202202 different manufacturer than a manufacturer with whom the authorized repair
203203 provider is affiliated through an arrangement in which the manufacturer, for the
204204 purposes of providing a service to an owner regarding the owner[s equipment or
205205 part, grants the person authorization to act on behalf of the manufacturer or grants
206206 the person a license to use a trade name, service mark, or other proprietary
207207 identifier.
208208 2. A manufacturer who is offering or providing a service for a different
209209 manufacturer[s equipment or part.
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237237 SECTION 1
238238 (k) XManufacturerY means a person in this state engaged in the business of
239239 selling, leasing, or otherwise supplying new equipment or parts that have been
240240 manufactured by the person, or on behalf of the person, to any other person.
241241 (L) XOwnerY means a person that owns equipment or a part or an agent of a
242242 person that owns equipment or a part.
243243 (m) XPartY means a replacement part for equipment that a manufacturer
244244 offers for sale or otherwise makes available for the purpose of providing a service.
245245 (n) XServiceY means a diagnostic, maintenance, or repair service performed
246246 on equipment or a part.
247247 (o) XToolY means a hardware implement, software program, or other
248248 apparatus used for programming, pairing, calibrating functionality, diagnosis,
249249 maintenance, or repair of equipment or parts, including software or another
250250 mechanism that does any of the following:
251251 1. Provides, programs, or pairs a new part.
252252 2. Calibrates functionality.
253253 3. Performs any other function required to return the equipment or part to
254254 fully functional condition.
255255 (p) XTrade secretY has the meaning given in s. 134.90 (1) (c).
256256 (2) MANUFACTURER REQUIREMENTS . (a) Subject to pars. (b) and (c), a
257257 manufacturer shall upon request, using fair terms and fair costs, make available to
258258 an independent repair provider or owner of the manufacturer[s equipment or part
259259 all of the following:
260260 1. Any documentation, data, embedded software, firmware, part, or tool that
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287287 SECTION 1
288288 is intended for use with the equipment or part, including updates to
289289 documentation, parts, embedded software, firmware, or tools.
290290 2. With respect to equipment that contains an electronic security lock or other
291291 security-related function, any documentation, data, embedded software, firmware,
292292 part, or tool that is needed to reset the lock or function when disabled in the course
293293 of providing a service. The manufacturer may make the documentation, embedded
294294 software, firmware, part, or tool available to the independent retail provider or
295295 owner through appropriate secure release systems.
296296 (b) Paragraph (a) does not apply to a part that is no longer available to the
297297 manufacturer.
298298 (c) 1. Paragraph (a) does not require a manufacturer to divulge a trade secret,
299299 except that a manufacturer may not refuse to make available to an independent
300300 repair provider or owner any documentation, data, embedded software, firmware,
301301 part, or tool necessary to provide a service on the grounds that the documentation,
302302 data, embedded software, firmware, part, or tool itself is a trade secret.
303303 2. In response to a request made under par. (a), a manufacturer may do any of
304304 the following:
305305 a. Redact trade secrets from portions of provided documentation if the
306306 usability of the redacted documentation for the purpose of providing a service is not
307307 diminished.
308308 b. Withhold information regarding a component, design, functionality, or
309309 process of development of provided embedded software, firmware, a part, or a tool if
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336336 the information is a trade secret and the usability of the embedded software,
337337 firmware, part, or tool is not diminished.
338338 (d) In regards to a contract or arrangement entered into, renewed, or modified
339339 on or after the effective date of this paragraph .... [LRB inserts date], a term,
340340 provision, agreement, or language in the contract or arrangement that waives,
341341 avoids, restricts, or limits the manufacturer[s obligations under this subsection is
342342 void and unenforceable.
343343 (3) LIMITATION ON LIABILITY. (a) Neither a manufacturer nor an equipment
344344 dealer is liable for a faulty or otherwise improper repair provided by an
345345 independent repair provider or owner, including a faulty or otherwise improper
346346 repair that causes any of the following:
347347 1. Damage to equipment during the repair.
348348 2. Indirect, incidental, special, or consequential damages.
349349 3. A person[s inability to use the equipment.
350350 4. Reduced functionality of the equipment.
351351 (b) A manufacturer is not liable for an action resulting from a person[s use or
352352 reliance upon data that the manufacturer provided to the person.
353353 (4) EFFECT OF THIS SECTION. Nothing in this section does any of the following:
354354 (a) Alters the terms of a contract or arrangement between a manufacturer
355355 and an authorized repair provider that is in force on the effective date of this
356356 paragraph .... [LRB inserts date], including the provision of warranty or recall
357357 repair work and any exclusivity clause or noncompete clause in a contract.
358358 (b) Requires a manufacturer to provide an independent repair provider or
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385385 SECTION 1
386386 owner access to information, other than documentation or data, that the
387387 manufacturer provides to an authorized repair provider pursuant to a contract or
388388 other arrangement with the authorized repair provider, except as necessary to
389389 comply with sub. (2).
390390 (c) Authorizes an independent repair provider or owner to do any of the
391391 following:
392392 1. Except as needed to provide a service, make a modification to equipment
393393 that deactivates a safety notification system.
394394 2. Except as needed to provide a service, access a function of a tool that
395395 enables the independent repair provider or owner to change a setting on equipment
396396 in a manner that brings the equipment out of compliance with applicable safety
397397 laws.
398398 3. Evade emissions, copyright, trademark, or patent laws.
399399 4. Engage in equipment modification activities prohibited by law.
400400 (d) Exempts a manufacturer from a product liability claim that is otherwise
401401 authorized under law.
402402 (5) PENALTIES AND REMEDIES. (a) The department may exercise its authority
403403 under ss. 93.14 and 93.15 to investigate violations of sub. (2).
404404 (b) Any person suffering pecuniary loss because of a violation of sub. (2) may
405405 commence an action to recover the pecuniary loss. If the person prevails, the person
406406 shall recover twice the amount of the pecuniary loss, or $200 for each violation,
407407 whichever is greater, together with costs, including reasonable attorney fees.
408408 (c) The department, or the department of justice in consultation with the
409409 department, may commence an action in the name of the state to restrain by
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437437 SECTION 1
438438 temporary or permanent injunction a violation of sub. (2). Before entry of final
439439 judgment, the court may make any necessary orders to restore to a person any
440440 pecuniary loss suffered by the person because of the violation.
441441 (d) The department, the department of justice in consultation with the
442442 department, or a district attorney may commence an action in the name of the state
443443 to recover a forfeiture to the state of not less than $100 nor more than $10,000 for
444444 each violation of sub. (2).
445445 (END)
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