2025 - 2026 LEGISLATURE
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2025 SENATE BILL 148
March 21, 2025 - Introduced by Senators PFAFF, KEYESKI, RATCLIFF, ROYS,
HESSELBEIN, SMITH, SPREITZER, LARSON, DASSLER-ALFHEIM and WALL,
cosponsored by Representatives J. JACOBSON, BILLINGS, JOHNSON, ROE, CRUZ,
EMERSON, GOODWIN, MIRESSE, JOERS, PHELPS, MADISON, STUBBS, CLANCY,
SUBECK, PALMERI, MCCARVILLE, DESMIDT, TENORIO, FITZGERALD, BROWN and
BEHNKE. Referred to Committee on Transportation and Local Government.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 100.204 of the statutes; relating to: the right to repair
agricultural equipment, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires agricultural equipment manufacturers to upon request
make available to agricultural equipment owners and independent service
providers any documentation, data, embedded software, firmware, parts, or tools
that are intended for use with agricultural equipment, at certain fair costs and fair
terms as articulated in the bill. XEquipmentY is defined in the bill to include
equipment or parts that are designed primarily for use in the operation of a farm or
in farm-related activities, including any combine, tractor, sprayer, implement, or
attachment used in planting, cultivating, irrigating, harvesting, or ranching, but
not including vehicles or self-propelled machines designed primarily for the
transportation of persons or property on a street or highway, aircraft, snowmobiles,
personal watercraft or motorboats, or equipment or parts used for irrigation
purposes. XDataY is defined in the bill to mean information that a manufacturer
gathered, transmitted, or compiled that arose from the operation of an owner[s
equipment and for which the associated owner has provided consent and
authorization for the manufacturer to share.
The bill generally does not require manufacturers to provide documentation,
parts, embedded software, firmware, or tools that would require a manufacturer to
divulge a trade secret. The bill exempts manufacturers and equipment dealers
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from liability stemming from an owner[s or independent repair provider[s faulty or
otherwise improper repair that causes damage or loss of use of equipment, and
exempts manufacturers from liability for an action resulting from a person[s use or
reliance upon data that the manufacturer provided to a person.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 100.204 of the statutes is created to read:
100.204 Right to repair agricultural equipment. (1) DEFINITIONS. In
this section:
(a) XAuthorized repair providerY means a person that is not affiliated with a
manufacturer. XAuthorized repair providerY includes all of the following:
1. A manufacturer, if all of the following apply:
a. The manufacturer offers to an owner of the manufacturer[s equipment or
part a service related to the owner[s equipment or part.
b. The manufacturer does not have an arrangement with a person in which
the manufacturer, for the purpose of the person providing a service to an owner
regarding the owner[s equipment or a part, grants the person an authorization to
act on behalf of the manufacturer or grants the person a license to use a trade
name, service mark, or other proprietary identifier.
2. A person affiliated with a manufacturer if the affiliation is through an
arrangement in which the manufacturer, for the purpose of the person providing a
service to an owner regarding the owner[s equipment or a part, grants the person
an authorization to act on behalf of the manufacturer or grants the person a license
to use a trade name, service mark, or other proprietary identifier.
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(b) XDataY means information that a manufacturer gathered, transmitted, or
compiled that arose from the operation of an owner[s equipment and for which the
associated owner has provided consent and authorization for the manufacturer to
share.
(c) XDocumentationY means an electronic or tangible manual, diagram,
schematic diagram, reporting output, service code description, security code or
password or other similar type of guidance or information that a manufacturer
provides to an authorized repair provider to assist the authorized repair provider
with a service performed on the manufacturer[s equipment or part.
(d) XEmbedded softwareY means programmable instructions provided on
firmware delivered with or loaded on an electronic component of equipment or a
part for the purpose of restoring or improving operation of the piece of equipment or
part. XEmbedded softwareY includes all relevant patches and fixes that the
manufacturer makes to equipment or a part for the purpose of restoring or
improving the equipment or part, and an internal operating system, machine code,
assembly code, root code, and microcode.
(e) XEquipmentY means equipment or parts that are designed primarily for
use in the operation of a farm or in farm-related activities, including any combine,
tractor, sprayer, implement, or attachment used in planting, cultivating, irrigating,
harvesting, or ranching. XEquipmentY does not include vehicles or self-propelled
machines designed primarily for the transportation of persons or property on a
street or highway, aircraft, snowmobiles, personal watercraft or motorboats, or
equipment or parts used for irrigation purposes.
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(f) XEquipment dealerY means a person engaged in the retail sale of
equipment.
(g) 1. Except as provided in subds. 2. and 3., Xfair costsY means costs assessed
under equitable terms and in a manner that is fair to both parties to a transaction
in light of any agreed-upon conditions, promised quality, and timeliness of delivery,
and in a manner that does not discourage or disincentivize an equipment owner or
an independent repair provider from making repairs.
2. In regards to documentation, Xfair costsY means that the manufacturer
provides the documentation, including any relevant updates to the documentation,
for free, except that a manufacturer may charge a fee for a printed copy of the
documentation, which fee may amount only to the manufacturer[s actual cost to
prepare and send the printed documentation.
3. In regards to embedded software, Xfair costsY means that the manufacturer
provides the embedded software in all of the following ways:
a. For free, and without requiring authorization, Internet access, or other
impediments to use.
b. In the course of effectuating the diagnosis, maintenance, or repair and
enabling the full functionality of the equipment or part.
c. In a manner that does not impair the efficient and cost-effective
performance of the equipment or part.
(h) XFair termsY means terms that do not impose on an owner or independent
repair provider any of the following:
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1. A substantial obligation to use, or a restriction on the use of, embedded
software, firmware, a part, or tool.
2. A condition that the owner or independent retail provider become an
authorized repair provider of a manufacturer.
3. A requirement that embedded software, firmware, a part, or a tool be
registered, paired with, or approved by a manufacturer or an authorized repair
provider in order for the embedded software, firmware, part, or tool to be
operational.
(i) XFirmwareY means a software program or set of instructions programmed
on equipment or a part that allows the equipment or part to function or
communicate with itself or other computer hardware.
(j) XIndependent repair providerY means a person who is not a manufacturer[s
authorized repair provider or a person affiliated with a manufacturer[s authorized
repair provider and who is engaged in the offering of or providing a service.
XIndependent repair providerY includes all of the following:
1. An authorized repair provider that is offering or providing a service for a
different manufacturer than a manufacturer with whom the authorized repair
provider is affiliated through an arrangement in which the manufacturer, for the
purposes of providing a service to an owner regarding the owner[s equipment or
part, grants the person authorization to act on behalf of the manufacturer or grants
the person a license to use a trade name, service mark, or other proprietary
identifier.
2. A manufacturer who is offering or providing a service for a different
manufacturer[s equipment or part.
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(k) XManufacturerY means a person in this state engaged in the business of
selling, leasing, or otherwise supplying new equipment or parts that have been
manufactured by the person, or on behalf of the person, to any other person.
(L) XOwnerY means a person that owns equipment or a part or an agent of a
person that owns equipment or a part.
(m) XPartY means a replacement part for equipment that a manufacturer
offers for sale or otherwise makes available for the purpose of providing a service.
(n) XServiceY means a diagnostic, maintenance, or repair service performed
on equipment or a part.
(o) XToolY means a hardware implement, software program, or other
apparatus used for programming, pairing, calibrating functionality, diagnosis,
maintenance, or repair of equipment or parts, including software or another
mechanism that does any of the following:
1. Provides, programs, or pairs a new part.
2. Calibrates functionality.
3. Performs any other function required to return the equipment or part to
fully functional condition.
(p) XTrade secretY has the meaning given in s. 134.90 (1) (c).
(2) MANUFACTURER REQUIREMENTS . (a) Subject to pars. (b) and (c), a
manufacturer shall upon request, using fair terms and fair costs, make available to
an independent repair provider or owner of the manufacturer[s equipment or part
all of the following:
1. Any documentation, data, embedded software, firmware, part, or tool that
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is intended for use with the equipment or part, including updates to
documentation, parts, embedded software, firmware, or tools.
2. With respect to equipment that contains an electronic security lock or other
security-related function, any documentation, data, embedded software, firmware,
part, or tool that is needed to reset the lock or function when disabled in the course
of providing a service. The manufacturer may make the documentation, embedded
software, firmware, part, or tool available to the independent retail provider or
owner through appropriate secure release systems.
(b) Paragraph (a) does not apply to a part that is no longer available to the
manufacturer.
(c) 1. Paragraph (a) does not require a manufacturer to divulge a trade secret,
except that a manufacturer may not refuse to make available to an independent
repair provider or owner any documentation, data, embedded software, firmware,
part, or tool necessary to provide a service on the grounds that the documentation,
data, embedded software, firmware, part, or tool itself is a trade secret.
2. In response to a request made under par. (a), a manufacturer may do any of
the following:
a. Redact trade secrets from portions of provided documentation if the
usability of the redacted documentation for the purpose of providing a service is not
diminished.
b. Withhold information regarding a component, design, functionality, or
process of development of provided embedded software, firmware, a part, or a tool if
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the information is a trade secret and the usability of the embedded software,
firmware, part, or tool is not diminished.
(d) In regards to a contract or arrangement entered into, renewed, or modified
on or after the effective date of this paragraph .... [LRB inserts date], a term,
provision, agreement, or language in the contract or arrangement that waives,
avoids, restricts, or limits the manufacturer[s obligations under this subsection is
void and unenforceable.
(3) LIMITATION ON LIABILITY. (a) Neither a manufacturer nor an equipment
dealer is liable for a faulty or otherwise improper repair provided by an
independent repair provider or owner, including a faulty or otherwise improper
repair that causes any of the following:
1. Damage to equipment during the repair.
2. Indirect, incidental, special, or consequential damages.
3. A person[s inability to use the equipment.
4. Reduced functionality of the equipment.
(b) A manufacturer is not liable for an action resulting from a person[s use or
reliance upon data that the manufacturer provided to the person.
(4) EFFECT OF THIS SECTION. Nothing in this section does any of the following:
(a) Alters the terms of a contract or arrangement between a manufacturer
and an authorized repair provider that is in force on the effective date of this
paragraph .... [LRB inserts date], including the provision of warranty or recall
repair work and any exclusivity clause or noncompete clause in a contract.
(b) Requires a manufacturer to provide an independent repair provider or
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owner access to information, other than documentation or data, that the
manufacturer provides to an authorized repair provider pursuant to a contract or
other arrangement with the authorized repair provider, except as necessary to
comply with sub. (2).
(c) Authorizes an independent repair provider or owner to do any of the
following:
1. Except as needed to provide a service, make a modification to equipment
that deactivates a safety notification system.
2. Except as needed to provide a service, access a function of a tool that
enables the independent repair provider or owner to change a setting on equipment
in a manner that brings the equipment out of compliance with applicable safety
laws.
3. Evade emissions, copyright, trademark, or patent laws.
4. Engage in equipment modification activities prohibited by law.
(d) Exempts a manufacturer from a product liability claim that is otherwise
authorized under law.
(5) PENALTIES AND REMEDIES. (a) The department may exercise its authority
under ss. 93.14 and 93.15 to investigate violations of sub. (2).
(b) Any person suffering pecuniary loss because of a violation of sub. (2) may
commence an action to recover the pecuniary loss. If the person prevails, the person
shall recover twice the amount of the pecuniary loss, or $200 for each violation,
whichever is greater, together with costs, including reasonable attorney fees.
(c) The department, or the department of justice in consultation with the
department, may commence an action in the name of the state to restrain by
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temporary or permanent injunction a violation of sub. (2). Before entry of final
judgment, the court may make any necessary orders to restore to a person any
pecuniary loss suffered by the person because of the violation.
(d) The department, the department of justice in consultation with the
department, or a district attorney may commence an action in the name of the state
to recover a forfeiture to the state of not less than $100 nor more than $10,000 for
each violation of sub. (2).
(END)
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