Bill > HB1269

This bill requires manufacturers of agricultural equipment to make available, on fair and reasonable terms, any necessary codes, documentation, parts, software, specialty tools, and updates to independent repair providers and owners of that equipment, ensuring that these entities can perform diagnosis, maintenance, and repairs. This includes providing tools and documentation to disable and reset electronic locks or security features when needed for repairs, and failure to comply is considered a deceptive practice. However, manufacturers are not required to divulge trade secrets, alter existing agreements with authorized repair providers, provide access to goods that would disable safety or emission controls, develop new goods for obsolete equipment, or violate any laws. Independent repair providers and owners are prohibited from deactivating anti-theft or safety systems unless immediately reactivated after repairs, overriding safety features or emission controls, or using provided resources to evade laws or engage in illegal activities, with violations resulting in a Class 2 misdemeanor. The bill also clarifies that manufacturers are not liable for damages or injuries resulting from repairs by independent providers or owners, as long as the manufacturer complied with the Act, unless the issue stems from a design or manufacturing defect. This Act applies to agricultural equipment manufactured and sold on or after January 1, 2014, and becomes effective on October 1, 2026.

Agriculture and Natural Resources

https://sdlegislature.gov/#/Session/Bill/27053