Consumer Protection - Right to Repair Farm Equipment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0799* HOUSE BILL 799 I3, C2 0lr1406 By: Delegates Hornberger, Feldmark, and Griffith Introduced and read first time: February 3, 2020 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Consumer Protection – Right to Repair Farm Equipment 2 FOR the purpose of requiring a farm equipment manufacturer to make available certain 3 documentation, updates, or information to an independent repair provider or owner 4 of farm equipment to allow for the diagnosis, maintenance, or repair of the farm 5 equipment; providing that a violation of certain provisions of this Act is an unfair, 6 abusive, or deceptive trade practice and subject to certain enforcement and penalty 7 provisions; providing that any contractual agreement purporting to waive, avoid, or 8 limit a farm equipment manufacturer’s compliance with this Act shall be void; 9 defining certain terms; providing for the application of this Act; and generally 10 relating to consumer protection. 11 BY repealing and reenacting, without amendments, 12 Article – Commercial Law 13 Section 1–201(b)(27) 14 Annotated Code of Maryland 15 (2013 Replacement Volume and 2019 Supplement) 16 BY adding to 17 Article – Commercial Law 18 Section 13 –301(14)(xxxii); and 14 –4201 through 14 –4204 to be under the new 19 subtitle “Subtitle 42. Farm Equipment Repair” 20 Annotated Code of Maryland 21 (2013 Replacement Volume and 2019 Supplement) 22 BY repealing and reenacting, with amendments, 23 Article – Commercial Law 24 Section 13–301(14)(xxxii) and (xxxiii) 25 Annotated Code of Maryland 26 (2013 Replacement Volume and 2019 Supplement) 27 2 HOUSE BILL 799 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Commercial Law 3 1–201. 4 (b) Subject to definitions contained in other articles of the Maryland Uniform 5 Commercial Code that apply to particular titles or parts of titles of the Maryland Uniform 6 Commercial Code: 7 (27) “Person” means an individual, corporation, business trust, estate, trust, 8 partnership, limited liability company, association, joint venture, government, 9 governmental subdivision, agency, or instrumentality, public corporation, or any other 10 legal or commercial entity. 11 13–301. 12 Unfair, abusive, or deceptive trade practices include any: 13 (14) Violation of a provision of: 14 (XXXII) TITLE 14, SUBTITLE 42 OF THIS ARTICLE; 15 [(xxxii)] (XXXIII) [the] THE federal Military Lending Act; or 16 [(xxxiii)] (XXXIV) [the] THE federal Servicemembers Civil Relief Act; 17 or 18 SUBTITLE 42. FARM EQUIPMENT REPAIR. 19 14–4201. 20 (A) IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS 21 INDICATED. 22 (B) (1) “AUTHORIZED REPAIR PRO VIDER” MEANS A PERSON THAT HAS 23 AN ARRANGEMENT WITH THE FARM EQUIPMENT MANUFACTURER UNDER WHICH 24 THE FARM EQUIPMENT MANUFACTURER AUTHORIZES THE PERSON TO: 25 (I) USE A TRADE NAME , A SERVICE MARK , OR ANY OTHER 26 PROPRIETARY IDENTIFIER FOR THE PURPOSE OF O FFERING THE SERVICES OF 27 DIAGNOSIS, MAINTENANCE, OR REPAIR OF FARM EQUIPMENT UNDER THE NAME OF 28 THE FARM EQUIPMENT MANUFACTURER; OR 29 HOUSE BILL 799 3 (II) OFFER DIAGNOSIS, MAINTENANCE, OR REPAIR SERVICES 1 ON BEHALF OF THE FARM EQUIPMENT MANUFACTURER. 2 (2) “AUTHORIZED REPAIR PRO VIDER” INCLUDES A FARM 3 EQUIPMENT MANUFACTURER THAT OFFERS DIAGNOSIS, MAINTENANCE, OR REPAIR 4 SERVICES OF ITS OWN FARM EQUIPMENT. 5 (C) “DOCUMENTATION” MEANS ANY MANUAL , DIAGRAM, REPORTING 6 OUTPUT, SERVICE CODE DES CRIPTION, SCHEMATIC DIAGRAM , OR OTHER 7 INFORMATION PROVIDED TO AN AUTHORIZED REP AIR PROVIDER FOR THE 8 DIAGNOSIS, MAINTENANCE, OR REPAIR OF FARM EQUIPMENT. 9 (D) (1) “FARM E QUIPMENT” MEANS EQUIPMENT THAT IS USED OR 10 INTENDED FOR USE IN A FARM OPERATION. 11 (2) “FARM E QUIPMENT” INCLUDES ANY COMBINE, TRACTOR, 12 IMPLEMENT, ENGINE, MOTOR, OR ATTACHMENT. 13 (3) “FARM EQUIPMENT” DOES NOT INCLUDE A VEHICLE AS DEFINED 14 IN § 11–176 OF THE TRANSPORTATION ARTICLE. 15 (E) “FARM EQUIPMENT MANUFACTURER” MEANS ANY PERSON ENGAGED IN 16 THE BUSINESS OF SELL ING OR LEASING NEW FARM EQU IPMENT TO ANOTHER 17 PERSON AND ENGAGED IN THE DIAGNOSIS, SERVICE, MAINTENANCE, OR REPAIR OF 18 FARM EQUIPMENT. 19 (F) (1) “INDEPENDENT REPAIR PROVIDER” MEANS A PERSON 20 OPERATING IN THE STATE THAT IS NOT AFFILIATED WI TH A FARM EQUIPMENT 21 MANUFACTURER OR ITS AUTHORIZED REPAIR PROVIDER AND THAT IS ENGAGED IN 22 THE DIAGNOSIS, SERVICE, MAINTENANCE, OR REPAIR OF FARM EQUIPMENT. 23 (2) “INDEPENDENT REPAIR PR OVIDER” INCLUDES A FARM 24 EQUIPMENT MANUFACTURER WHEN IT ENGAGES IN THE DIAGN OSIS, SERVICE, 25 MAINTENANCE, OR REPAIR OF FARM EQ UIPMENT THAT IS NOT AFFILIATED WITH 26 THE FARM EQUIPMENT MANUFACTURER. 27 (G) “TRADE SECRET ” HAS THE MEANING STAT ED IN § 11–1201 OF THIS 28 ARTICLE. 29 14–4202. 30 (A) THIS SUBTITLE APPLIES ONLY TO FARM EQUIPMENT THAT IS SOLD OR 31 USED IN THE STATE. 32 4 HOUSE BILL 799 (B) THIS SUBTITLE DOES NO T APPLY TO A FARM EQUIPMENT 1 MANUFACTURER THAT PR OVIDES DIAGNOSTIC RE PAIR DOCUMENTATION T O 2 AFTERMARKET DIAGNOSTIC TOOL MANUFACTURERS, DIAGNOSTIC PROVIDERS, OR 3 SERVICE INFORMATION PUBLICATIONS AND SYSTEMS. 4 (C) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQUIRE AN EQUIPMENT 5 MANUFACTURER OR AUTHORIZED REPAIR PROVIDER TO: 6 (1) DIVULGE A TRADE SECRET; OR 7 (2) PROVIDE ACCESS TO DOCUMENTATION THAT DOES NOT SERVE A 8 SECURITY RESET, DIAGNOSTIC, SERVICE, OR REPAIR PURPOSE. 9 14–4203. 10 (A) A FARM EQUIPMENT MANUF ACTURER SHALL MAKE DIAGNOSTIC AND 11 REPAIR DOCUMENTATION AVAILABLE TO AN INDEPENDENT RE PAIR PROVIDER OR 12 OWNER OF FARM EQUIPM ENT MANUFACTURED BY THE FARM EQUIPMENT 13 MANUFACTURER. 14 (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A FARM 15 EQUIPMENT MANUFACTURER THAT SE LLS FARM EQUIPMENT T HAT CONTAINS A 16 SECURITY–RELATED FUNCTION SHALL MAKE AVAILABLE TO AN OWNER OR 17 INDEPENDENT REPAIR P ROVIDER ANY REPAIR DOCUMENTATION OR UPDATES 18 NEEDED TO RESET THE LOCK OR FUNCTION. 19 (2) IF NECESSARY FOR SECURI TY PURPOSES , A FARM EQUIPMENT 20 MANUFACTURER MAY PRO VIDE INFORMATION NECESSAR Y TO RESET AN 21 IMMOBILIZER SYSTEM O R SECURITY–RELATED ELECTRONIC M ODULE THROUGH A 22 SECURE DATA RELEASE SYSTEM. 23 (C) ANY PROVISION IN AN AUTHORIZED REPAIR AGREEMENT PURPORTING 24 TO WAIVE, AVOID, OR LIMIT A FARM EQUIPMENT MANUF ACTURER’S COMPLIANCE 25 WITH THIS SUBTITLE SHALL BE VOID. 26 14–4204. 27 A VIOLATION OF THIS SUBTITLE IS: 28 (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRAC TICE WITHIN 29 THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 30 HOUSE BILL 799 5 (2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 1 CONTAINED IN TITLE 13 OF THIS ARTICLE. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 3 apply only prospectively and may not be applied or interpreted to abrogate, interfere with, 4 contradict, or alter the terms of any contract that is executed between an authorized repair 5 provider and a farm equipment manufacturer before the effective date of this Act. 6 SECTION 3 . AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2020. 8