Struck = removed from the bill ·
added = the amendment's new text.
House File 2763 -H-8407 ReprintedAmend HOUSEHouse FILEFile 2763 BYas COMMITTEEfollows: ON WAYS AND MEANS (SUCCESSOR TO HF 2709) (SUCCESSOR TO HSB 751) (As Amended and Passed by the House April 27, 2026) A BILL FOR An Act providing for services relating to agricultural production, providing penalties, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 2763 (2) 91 da/js/md H.F.
2763 DIVISION I AGRICULTURAL EQUIPMENT REPAIR Section 1.
NEW SECTION.
322H.1 Definitions.
As used in this chapter, unless the context otherwise requires:
a.Page 1, before line 1 by inserting:
“Agricultural<DIVISION equipment”I meansAGRICULTURAL equipmentEQUIPMENT thatREPAIR> is2. primarily designed for use in a farming operation.
b.Page 1, line 1, by striking <322E.1> and inserting <322H.1> 3.
“AgriculturalPage equipment”5, includesline any22, ofby thestriking following:<322E.2> and inserting <322H.2> 4.
(1)Page A7, tractor,after trailer,line combine,9 sprayer,by tillageinserting: implement, baler, and other equipment used to plant, cultivate, or harvest agricultural products.
(2)<DIVISION An__ attachmentAGRICULTURAL toDATA andOWNERSHIP repairAND partMARKET forCOMPETITION equipmentSec. described in subparagraph (1).
(3)___. “Agricultural equipment” does not include any of the following:
(a) A self-propelled vehicle designed primarily for the transportation of individuals or property on a street or highway.
(b) A powersports vehicle, including any of the following:
(i) A vehicle for off-road operation.
(ii) A personal watercraft that is a motorboat that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and that is designed primarily for use off of the public highways, and that uses either an inboard motor powering a water jet pump or an outboard motor-driven propeller.
(iii) A snowmobile.
(c) Any aircraft used in an agricultural aircraft operation, as defined in 14 C.F.R.
§137.3.
(d) Any equipment designed and used primarily for irrigation purposes.
2.
a.
“Authorized repair provider” means a person that is unaffiliated with a manufacturer other than through an arrangement with the manufacturer, whether for a definite or an HF 2763 (2) 91 -1- da/js/md 1/18 H.F.
2763 indefinite period, in which the manufacturer, for the purpose of offering to provide services to an equipment owner regarding the owner’s equipment or a part, grants the person any of the following:
(1) A license to use a trade name, service mark, or other proprietary identifier.
(2) Authorization under any other arrangement to act on behalf of the manufacturer.
b.
“Authorized repair provider” includes a manufacturer that offers to provide services to an owner of the manufacturer’s agricultural equipment regarding the owner’s agricultural equipment or a part if the manufacturer does not have an arrangement with an unaffiliated person, as described in paragraph “a”.
3.
“Data” means, with the consent of an owner, transmitted or compiled information arising from the operation of an owner’s agricultural equipment or its parts.
4.
“Documentation” means a manual;
diagram, including a schematic diagram;
reporting output;
service code description;
security code or password;
or similar type of guidance or information, whether in an electronic or tangible format, that a manufacturer provides to an authorized repair provider to assist the authorized repair provider with services performed on the manufacturer’s agricultural equipment or a part.
5.
a.
“Embedded software for agricultural equipment” means any programmable instructions provided on firmware delivered with or loaded to the agricultural equipment, with respect to agricultural equipment operation.
b.
“Embedded software for agricultural equipment” includes all relevant patches and fixes that the manufacturer makes, including but not limited to items described as a basic internal operating system, internal operating system, machine code, assembly code, root code, and microcode.
6.
“Equipment dealer” means any person primarily engaged in the retail sale of agricultural equipment.
HF 2763 (2) 91 -2- da/js/md 2/18 H.F.
2763 7.
“Fair and reasonable terms and costs” means the following:
a.
With respect to obtaining documentation, embedded software, firmware, or tools from a manufacturer to provide services.
b.
With respect to documentation, the manufacturer provides the documentation, including any relevant updates to the documentation, at no charge, except that the manufacturer may charge a fee for a printed copy of the documentation if the amount of the fee covers only the manufacturer’s actual cost to prepare and send the printed copy of the documentation.
c.
With respect to tools that are software programs, the manufacturer provides the tools that are software programs subject to all of the following:
(1) At no charge and without requiring authorization or internet access or otherwise imposing impediments to access or use.
(2) In the course of effectuating the diagnosis, maintenance, or repair and enabling the full functionality of the agricultural equipment or part.
(3) In a manner that does not impair the efficient and cost-effective performance of the agricultural equipment or part.
d.
Notwithstanding paragraph “a”, parts shall be sold to an owner or an independent repair provider under equitable terms for access to or receipt of any part pertaining to agricultural equipment and in a manner that is any of the following:
(1) Is fair to both parties in light of any agreed-upon conditions, the promised quality, and the timeliness of the delivery.
(2) Does not discourage or disincentivize repairs to be made by an owner or an independent repair provider.
e.
Terms are fair if the terms do not impose on an owner or independent repair provider any of the following:
(1) Substantial obligation to use, or any restriction on the use of, a part, embedded software, embedded software HF 2763 (2) 91 -3- da/js/md 3/18 H.F.
2763 for agricultural equipment, firmware, or tool, including a condition that the owner or independent repair provider become an authorized repair provider of the manufacturer.
(2) A requirement that a part, embedded software, embedded software for agricultural equipment, firmware, or tool be registered or paired with or approved by the manufacturer or an authorized repair provider before the part, embedded software, embedded software for agricultural equipment, firmware, or tool is operational.
8.
“Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to function or communicate with itself or with other computer hardware.
9.
a.
“Independent repair provider”, except as otherwise provided in paragraph “b”, means a person in the state that is all of the following:
(1) Neither a manufacturer’s authorized repair provider nor affiliated with a manufacturer’s authorized repair provider.
(2) Engaged in offering or providing services.
b.
“Independent repair provider” includes all of the following:
(1) An authorized repair provider if the authorized repair provider is offering or providing services for a manufacturer other than a manufacturer with which the authorized repair provider has an arrangement described in subsection 2.
(2) A manufacturer with respect to offering or providing services for another manufacturer’s agricultural equipment or part.
10.
“Original equipment manufacturer” or “manufacturer” means a person doing business in the state and engaged in the business of selling, leasing, or otherwise supplying agricultural equipment or parts manufactured by or on behalf of itself to any individual, business, or other entity.
11.
“Owner” means a person that owns agricultural equipment, or an agent of the owner.
HF 2763 (2) 91 -4- da/js/md 4/18 H.F.
2763 12.
“Part” means a new or used replacement part for agricultural equipment that a manufacturer offers for sale or otherwise makes available for the purpose of providing services.
13.
“Services” means diagnostic, maintenance, or repair services performed on agricultural equipment.
14.
“Tools” means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of agricultural equipment or parts, including software or another mechanism that provides, programs, or pairs a new part, calibrates functionality, or performs any other function required to return the agricultural equipment or part to a fully functional condition.
15.
a.
“Trade secret” means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, or confidential business or financial information;
a listing of names, addresses, or telephone numbers;
or other information relating to any business or profession that is secret and of value.
b.
To be a trade secret, the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
Sec.
2.
322H.2 Agricultural equipment —— obligations regarding services —— exemption.
1.
Except as provided in subsection 2, all of the following apply:
a.
For the purpose of providing services for agricultural equipment in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer’s equipment any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data that are intended for use with the equipment or any part, including HF 2763 (2) 91 -5- da/js/md 5/18 H.F.
2763 updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data.
b.
With respect to agricultural equipment that contains an electronic security lock or other security-related function, a manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services.
The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.
2.
Subsection 1 does not apply to any of the following:
a.
A part that is no longer available to the original equipment manufacturer.
b.
Conduct that would require the manufacturer to divulge a trade secret, except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.
3.
Neither an original equipment manufacturer nor an agricultural equipment dealer is liable for faulty or otherwise improper repairs provided by an independent repair provider or owner, including faulty or otherwise improper repairs that cause any of the following:
a.
Damage to agricultural equipment that occurs during such repairs.
HF 2763 (2) 91 -6- da/js/md 6/18 H.F.
2763 b.
Any indirect, incidental, special, or consequential damages.
c.
An inability to use, or a reduced functionality of, a piece of agricultural equipment resulting from the faulty or otherwise improper repair.
4.
A manufacturer that provides data to an independent repair provider in compliance with this chapter is neither responsible nor liable to the owner, the independent repair provider, or another party for any action that the independent repair provider or another party takes while using or relying on the data.
DIVISION II AGRICULTURAL DATA OWNERSHIP AND MARKET COMPETITION Sec.
3.
NEW SECTION.
4.___.
HF4. 2763 (2) 91 -7- da/js/md 7/18 H.F.
2763Concentration 4.of agricultural data collection and transformation in a small number of equipment manufacturers and HF 2763.4223 (2) 91 -1- da/js 1/12 platform companies tends to harm Iowa agricultural producers and rural communities.
Concentration of agricultural data collection and transformation in a small number of equipment manufacturers and platform companies tends to harm Iowa agricultural producers and rural communities.
5.___.
“Agricultural producer” or “producer” means a person engaged in an agricultural production operation as a landowner, tenant farmer, contract grower, livestock owner, or other HF 27632763.4223 (2) 91 -8--2- da/js/mdda/js 8/182/12 H.F.agricultural operator.
2763 engaged in an agricultural production operation as a landowner, tenant farmer, contract grower, livestock owner, or other agricultural operator.
“Department” means the department of agriculture and land HFstewardship. 2763 (2) 91 -9- da/js/md 9/18 H.F.
2763 stewardship.
“Landowner” means a person that is a titleholder, or HF 2763.4223 (2) 91 -3- da/js 3/12 holds a fee simple interest, a life estate interest, or other possessory interest, in agricultural land.
HF12. 2763 (2) 91 -10- da/js/md 10/18 H.F.
2763 12.
“Raw agricultural data” means unprocessed factual information and all data generated directly from an HF 2763.4223 (2) 91 -4- da/js 4/12 agricultural production operation, agricultural equipment operation, or agricultural land, and that satisfies both of the following:
HFb. 2763 (2) 91 -11- da/js/md 11/18 H.F.
2763 b.
HF 2763.4223 (2) 91 -5- da/js 5/12 c.
6.___.
Receive information from a data service provider HFregarding 2763how (2)the 91raw -12-agricultural da/js/mddata 12/18is H.F.being used, transformed, and commercialized.
2763HF regarding2763.4223 how(2) the91 raw-6- agriculturalda/js data6/12 isf. being used, transformed, and commercialized.
f.
Raw agricultural data generated from a livestock operation, referred to in this chapter as “livestock data”, and transformed agricultural data derived from that raw agricultural data, belongs to the owner of the livestock from HF 27632763.4223 (2) 91 -13--7- da/js/mdda/js 13/187/12 H.F.which the raw agricultural data was generated, regardless of where the livestock is housed or whether a person other than the livestock owner manages the livestock, unless otherwise provided by written agreement between the parties.
2763 and transformed agricultural data derived from that raw agricultural data, belongs to the owner of the livestock from which the raw agricultural data was generated, regardless of where the livestock is housed or whether a person other than the livestock owner manages the livestock, unless otherwise provided by written agreement between the parties.
A data owner’s rights regarding raw agricultural data or transformed agricultural data may be waived, transferred, or voided only if the data owner provides express, informed, HFwritten 2763consent (2)that 91specifically -14-acknowledges da/js/mdthe 14/18waiver, H.F.transfer, or voiding of that right.
2763HF written2763.4223 consent(2) that91 specifically-8- acknowledgesda/js the8/12 waiver,7. transfer, or voiding of that right.
7.
7.___.
HFd. 2763 (2) 91 -15- da/js/md 15/18 H.F.
2763Discriminate d.or retaliate against an agricultural producer in terms, pricing, or service based on the producer’s HF 2763.4223 (2) 91 -9- da/js 9/12 monetization of transformed agricultural data.
Discriminate or retaliate against an agricultural producer in terms, pricing, or service based on the producer’s monetization of transformed agricultural data.
8.___.
(3) Publish annual reports on agricultural data market HFconcentration 2763and (2)compliance 91with -16-this da/js/mdchapter. 16/18 H.F.
2763 concentration and compliance with this chapter.
The attorney general, on referral from the department or HF 2763.4223 (2) 91 -10- da/js 10/12 upon the attorney general’s own initiative, may bring an action to enforce section 322I.5 under section 714.16, including an action seeking injunctive relief, restitution, civil penalties, and any other relief authorized by section 714.16.
9.___.
10.___.
HFb. 2763 (2) 91 -17- da/js/md 17/18 H.F.
2763The b.definitions of “raw agricultural data” and “transformed agricultural data” in section 322I.3 apply only for HF 2763.4223 (2) 91 -11- da/js 11/12 purposes of this chapter.
The definitions of “raw agricultural data” and “transformed agricultural data” in section 322I.3 apply only for purposes of this chapter.
11.___.
12.___.
13.___.
This division of this Act applies to transactions and conduct occurring on or after the effective date of this division of this Act.Act.> 5.
HFTitle 2763page, (2)line 912, -18-by da/js/mdstriking 18/18<equipment.> and inserting <production, providing penalties, and including effective date and applicability provisions.> 6.
By renumbering as necessary.
______________________________ WULF of Black Hawk HF 2763.4223 (2) 91 -12- da/js 12/12