[{"id":32395,"date":"2022-04-08T08:19:59","date_gmt":"2022-04-08T14:19:59","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=32395"},"modified":"2022-04-08T08:19:59","modified_gmt":"2022-04-08T14:19:59","slug":"agricultural-equipment-right-to-repair-bill-discussed","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=32395","title":{"rendered":"Agricultural equipment right-to-repair bill discussed"},"content":{"rendered":"

Owners of modern farm machinery would have the same access as authorized dealers to the software, tools, technical manuals and parts needed to make repairs under a bill discussed on general file April 7.<\/p>\n

\"Sen.
Sen. Tom Brandt<\/figcaption><\/figure>\n

LB543, as introduced last session by Plymouth Sen. Tom Brandt, would require original equipment manufacturers to make available, on fair and reasonable terms, the documentation, parts and tools needed to diagnose, maintain or repair electronics-enabled agricultural equipment to independent mechanics or the equipment\u2019s owner.<\/p>\n

Violating the act \u2014 which would apply to equipment sold or in use in Nebraska on or after its effective date \u2014 would be an unlawful practice under the state Uniform Deceptive Trade Practices Act.<\/p>\n

Brandt said the bill remained in committee until this year to allow time for manufacturers and right-to-repair advocates to reach a memorandum of understanding at the federal level to allow owners and independent repair shops to buy the diagnostic equipment and tools needed to make repairs, in the same way that car and truck owners can. Those negotiations have stalled, he said.<\/p>\n

Modern farm equipment is computer-driven, Brandt said, which means that farmers must wait for dealers to have an available technician to diagnose and repair machinery \u2014 time that farmers don\u2019t have. Repair manuals are available, he said, but they often are outdated unless one pays to automatically receive updates.<\/p>\n

\u201cHistorically, in Nebraska \u2026 a good mechanic is worth more than a good doctor,\u201d Brandt said. \u201cAs a farmer, I just want the damn thing to work.\u201d<\/p>\n

Omaha Sen. John Cavanaugh supported the bill, saying the ability for farmers to make repairs or buy parts from a third party, in the way that car and truck owners can, would improve efficiency. Ag producers are working with small windows of opportunity when it comes to planting and harvesting, he said.<\/p>\n

\u201cTime is of the essence when it comes to all stages of agriculture production,\u201d Cavanaugh said.<\/p>\n

Sen. Julie Slama of Sterling opposed the bill, citing safety and liability concerns. Manufacturers have given farmers the tools needed to repair their equipment, she said, but unless an individual is highly trained, they cannot safely repair complicated machines.<\/p>\n

\u201cTrying to do so [puts] their own personal safety at risk as well as the safety of their community,\u201d Slama said. \u201cOne tweak to a modern tractor could cascade through an entire software system and lead to unintended consequences.\u201d<\/p>\n

Venango Sen. Dan Hughes said comparing modern farm equipment to cars and pickups is comparing apples and oranges. Speaking in opposition to the bill, he said combines contain multiple computers with different functions and are extremely complex.<\/p>\n

American farmers have become the most productive and effective in the world because of the massive investment that manufacturers have made in technology, he said, and they deserve a return on that investment. No one enjoys paying a local dealer for servicing their equipment, he said, but it is part of doing business.<\/p>\n

\u201cAs a farmer that takes advantage of those opportunities that modern equipment gives us, I am very appreciative because it allows me to be much more effective \u2014 much more productive,\u201d Hughes said.<\/p>\n

The legislature adjourned for the day before taking any action on LB543. It is unlikely to be debated again this session.<\/p>\n","protected":false},"excerpt":{"rendered":"

Owners of modern farm machinery would have the same access as authorized dealers to the software, tools, technical manuals and parts needed to make repairs under a bill discussed on general file April 7.<\/p>\n","protected":false},"author":1,"featured_media":32373,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[13],"tags":[247],"class_list":["post-32395","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judiciary","tag-sen-tom-brandt"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/update.legislature.ne.gov\/wp-content\/uploads\/2022\/04\/LB543Brandt4-7-22a.jpg","_links":{"self":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/32395","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32395"}],"version-history":[{"count":2,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/32395\/revisions"}],"predecessor-version":[{"id":32397,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/32395\/revisions\/32397"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/media\/32373"}],"wp:attachment":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32395"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}},{"id":29448,"date":"2021-02-26T10:12:57","date_gmt":"2021-02-26T16:12:57","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=29448"},"modified":"2021-02-26T10:12:57","modified_gmt":"2021-02-26T16:12:57","slug":"agricultural-equipment-right-to-repair-bill-considered","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=29448","title":{"rendered":"Agricultural equipment right-to-repair bill considered"},"content":{"rendered":"

Owners of modern farm machinery would have the same access as authorized dealers to the software tools, technical manuals and parts needed to make repairs under a bill heard Feb. 25 by the Judiciary Committee.

\"Sen.
Sen. Tom Brandt<\/figcaption><\/figure> <\/p>\n

LB543, introduced by Sen. Tom Brandt of Plymouth, would require original equipment manufacturers to make available, on fair and reasonable terms, the documentation, parts and tools needed to diagnose, maintain or repair electronics-enabled agricultural equipment to independent mechanics or the equipment\u2019s owner. <\/p>\n

Violating the act \u2014 which would apply to equipment sold or in use in Nebraska on or after its effective date \u2014 would be an unlawful practice under the state Uniform Deceptive Trade Practices Act.<\/p>\n

Brandt said software-driven tractors, combines, center pivots and other farm equipment are more efficient than their analog forebears, but their increasing complexity has allowed manufacturers to restrict the tools and documentation necessary to make repairs to authorized dealers.<\/p>\n

He said LB543 is intended to allow farmers and ranchers to make simple repairs themselves, saving them time and money. <\/p>\n

\u201cAs a farmer, I\u2019m overjoyed when I snap a piece of steel because I can get that off the shelf \u2014 I can fix that,\u201d Brandt said. \u201cBut when I\u2019ve got code problems, that\u2019s another story.\u201d<\/p>\n

Brandt brought an amendment to the hearing that he said is intended to address the concerns of equipment dealers and manufacturers. Among other changes, it would define \u201cfair and reasonable,\u201d remove a provision allowing owners to access security-related functions and clarify that the proposal would not authorize owners to modify equipment. <\/p>\n

Lance Atwater testified in support of the bill and the amendment on behalf of the Nebraska Farm Bureau and six other agricultural groups.<\/p>\n

He said manufacturers and right-to-repair advocates had hoped to have a memorandum of agreement in place by early this year, but negotiations stalled. Auto manufacturers have made a similar agreement under which owners and independent repair shops can buy the diagnostic equipment and tools needed to repair cars, Atwater said. <\/p>\n

\u201cOur members feel strongly about having the same flexibility in farm equipment repair that\u2019s available in the automobile industry,\u201d he said. <\/p>\n

Jerrad Stroh, who farms near Juniata, also testified in support. He said most dealerships charge a flat fee for a service call, plus mileage and an hourly service charge. If he had access to the electronic diagnostic tool that gives detailed information about an equipment failure, he said, he could make simple repairs himself rather than wait for a technician.<\/p>\n

Vern Jantzen testified in support of the bill on behalf of Nebraska Farmers Union. In many parts of the state, he said, farmers and ranchers can face long wait times for a technician during the busiest times of the year. <\/p>\n

\u201cMost farmers will tell you that downtime is money lost during planting and harvesting operations,\u201d Jantzen said.<\/p>\n

Grant Suhre, manager of customer support for John Deere in the U.S. and Canada, testified in opposition to LB543. He said the company supports its customers\u2019 ability to repair their machines but not to modify them or tamper with emissions controls.<\/p>\n

To that end, Suhre said, John Deere has made available all tools, diagnostic equipment and technical manuals needed to make repairs.<\/p>\n

\u201cWe don\u2019t believe we need legislation to enable customers to repair their machines,\u201d he said. \u201cWe\u2019ve already enabled that.\u201d<\/p>\n

Trevor Mecham testified in opposition to the bill on behalf of Valley Irrigation. He said automated center pivot irrigation systems soon will use artificial intelligence software to determine when, where and how to spray for pests and disease. Those applications will require a higher level of expertise to troubleshoot, Mecham said. <\/p>\n

\u201cGiving uncertified access to independent third parties who have not gone through proper certification and training could materially and negatively impact growers\u2019 attempts to produce greater yields with greater operational efficiency,\u201d he said.<\/p>\n

Also in opposition was Kevin Clark, CEO of AKRS Equipment Solutions. He said the company, which operates 26 John Deere dealerships across Nebraska, answers service calls around the clock and usually can send a technician to a customer\u2019s farm within 24 hours. <\/p>\n

\u201cWith hundreds of different repair shops outside the John Deere dealer network,\u201d he said, \u201cthere is ample ability to get equipment repaired throughout the state.\u201d <\/p>\n

The committee took no immediate action on the bill. <\/p>\n","protected":false},"excerpt":{"rendered":"

Owners of modern farm machinery would have the same access as authorized dealers to the software tools, technical manuals and parts needed to make repairs under a bill heard Feb. 25 by the Judiciary Committee. <\/p>\n","protected":false},"author":1,"featured_media":29429,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[13],"tags":[247],"class_list":["post-29448","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judiciary","tag-sen-tom-brandt"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/update.legislature.ne.gov\/wp-content\/uploads\/2021\/02\/LB543Brandt2-25-21a.jpg","_links":{"self":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/29448","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29448"}],"version-history":[{"count":2,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/29448\/revisions"}],"predecessor-version":[{"id":29451,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/posts\/29448\/revisions\/29451"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=\/wp\/v2\/media\/29429"}],"wp:attachment":[{"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29448"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29448"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/update.legislature.ne.gov\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29448"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}]