Bill Text: MI HB4650 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Vehicles: agricultural equipment; original equipment manufacturers of electronics-enabled agricultural equipment to provide certain parts, tools, and documentation to owners and independent repair providers; require. Creates new act. TIE BAR WITH: HB 4651'23
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-05-25 - Bill Electronically Reproduced 05/24/2023 [HB4650 Detail]
Download: Michigan-2023-HB4650-Introduced.html
HOUSE BILL NO. 4650
A bill to require original equipment manufacturers of certain agricultural equipment to make certain parts, tools, and documentation available to certain persons; to provide remedies; and to provide for the powers and duties of certain state governmental officers and entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "agricultural equipment repair act".
Sec. 3. (1) For electronics-enabled agricultural equipment and parts of electronics-enabled agricultural equipment sold or used in this state, an original equipment manufacturer shall make available, for purposes of diagnosis, maintenance, or repair of that equipment, to any independent repair provider or to the owner of the electronics-enabled agricultural equipment manufactured by or on behalf of or sold or otherwise supplied by the original equipment manufacturer, on fair and reasonable terms, documentation, parts, and tools, including any updates to information or embedded software. This subsection does not require an original equipment manufacturer to make a part available if the part is no longer available to the original equipment manufacturer.
(2) For equipment that contains an electronic security lock or other security-related function, the original equipment manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special part, tool, and documentation needed to disable the lock or function and to reset it when disabled in the course of diagnosis, maintenance, or repair of the equipment. The original equipment manufacturer may make the part, tool, and documentation described in this subsection available by means of an appropriate secure system.
(3) When the original equipment manufacturer has made an express warranty with respect to electronics-enabled agricultural equipment and the wholesale price of the equipment is $100.00 or more, the manufacturer shall provide the part, tool, and documentation to enable the equipment to be repaired during the warranty period at an equitable price and convenience of delivery and of enabling functionality in consideration of all of the following:
(a) The actual cost to the original equipment manufacturer to prepare and distribute the part, tool, or documentation, exclusive of any research and development costs incurred.
(b) The ability of owners and independent repair providers to afford the part, tool, or documentation.
(c) The means by which the part, tool, or documentation is distributed.
Sec. 5. The attorney general has the authority to bring a civil action for damages or equitable relief for a violation of this act and to otherwise enforce the provisions of this act.
Sec. 7. (1) This act does not require an original equipment manufacturer to divulge a trade secret to an owner or an independent service provider except as necessary to provide parts, tools, and documentation on fair and reasonable terms.
(2) Except as otherwise provided in this subsection, this act does not alter the terms or any arrangement described in section 1(a) of the act to provide definitions for this act that is in force between an authorized repair provider and an original equipment manufacturer, including, but not limited to, a performance provision of warranty or recall work by an authorized repair provider on behalf of an original equipment manufacturer under that arrangement. A provision of an arrangement described in section 1(a) of the act to provide definitions for this act that purports to waive, avoid, restrict, or limit an original equipment manufacturer's obligations to comply with this act is void and unenforceable.
Sec. 9. This act applies to electronics-enabled agricultural equipment that is sold or in use on or after the effective date of this act.
Enacting section 1. This act does not take effect unless Senate Bill No.____ or House Bill No. 4651 (request no. 03180'23) of the 102nd Legislature is enacted into law.
