Vermont H 161: An act relating to training and notice requirements regarding human trafficking

Bill Text

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VT LEG #379480 v.1
H.161 1
Introduced by Representatives Donahue of Northfield, Priestley of Bradford, 2
Marcotte of Coventry, and Tomlinson of Winooski 3
Referred to Committee on 4
Date: 5
Subject: Commerce and trade; consumer protection; right to repair 6
Statement of purpose of bill as introduced: This bill proposes to require 7
original equipment manufacturers of certain agricultural, electronic, and 8
forestry equipment to make available the parts, tools, and documentation 9
necessary to repair such equipment to independent repair providers and owners 10
of the equipment. 11
An act relating to the Vermont Fair Repair Act 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. PURPOSE 14
The purpose of this act is to ensure equitable access to the parts, tools, and 15
documentation that are necessary for independent repair providers and owners 16
to perform timely repair of agricultural, electronic, and forestry equipment in a 17
safe, secure, reliable, and sustainable manner. 18
Sec. 2. SHORT TITLE 19
This act may be cited as the Fair Repair Act. 20

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Sec. 3. 9 V.S.A. chapter 106 is added to read: 1
CHAPTER 106. VERMONT FAIR REPAIR ACT 2
§ 4051. DEFINITIONS 3
As used in this chapter: 4
(1) “Agricultural equipment” means a device, part of a device, or an 5
attachment to a device used principally off road and designed principally for an 6
agricultural purpose, including a tractor, trailer, or combine; implements for 7
tillage, planting, or cultivation; and other equipment principally associated 8
with livestock or crop production, horticulture, or floriculture. 9
(2)(A) “Authorized repair provider” means an individual or business 10
that has an arrangement with the original equipment manufacturer under which 11
the original equipment manufacturer grants to the individual or business a 12
license to use a trade name, service mark, or other proprietary identifier for the 13
purposes of offering the services of diagnosis, maintenance, or complete repair 14
of equipment under the name of the original equipment manufacturer or other 15
arrangement with the original equipment manufacturer to offer such services 16
on behalf of the original equipment manufacturer. 17
(B) An original equipment manufacturer that offers the services of 18
diagnosis, maintenance, or repair of its own equipment shall be considered an 19
authorized repair provider with respect to such equipment. 20
(3) “Documentation” means any manual, diagram, reporting output, 21
service code description, schematic diagram, security code, password, or other 22

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guidance or information, whether in an electronic or tangible format, used to 1
perform the services of diagnosis, maintenance, or repair of agricultural, 2
electronic, or forestry equipment. 3
(4) “Embedded software” means any programmable software 4
instructions delivered with, or loaded onto, equipment or a part of equipment 5
to allow the equipment or part to operate or communicate with other computer 6
hardware. Embedded software includes all relevant patches and fixes that the 7
manufacturer makes for the purposes of diagnosis, maintenance, or repair of 8
equipment. 9
(5) “Electronic equipment” means digital electronic equipment or a part 10
for such equipment originally manufactured for distribution and sale in the 11
United States. 12
(6) “Forestry equipment” means nondivisible equipment, implements, 13
accessories, and contrivances used principally off road and in harvesting 14
timber or for on-site processing of wood forest products, including equipment 15
used to construct, maintain, or install infrastructure necessary to and associated 16
with a logging operation. 17
(7) “Independent repair provider” means a person operating in this State, 18
either through a physical business location or through a mobile service that 19
offers on-site repairs in the State, that does not have an arrangement described 20
in subdivision (2) of this section with an original equipment manufacturer and 21

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that is engaged in the services of diagnosis, maintenance, or repair of 1
agricultural, electronic, or forestry equipment. 2
(8) “Medical device” means an instrument, apparatus, implement, 3
machine, contrivance, implant, or other similar or related article, including a 4
component part or accessory, as defined in the federal Food, Drug, and 5
Cosmetic Act, 21 U.S.C. § 321, as amended, that is intended for use in the 6
diagnosis of disease or other conditions or in the cure, mitigation, treatment, or 7
prevention of disease in humans or other animals. 8
(9) “Motor vehicle” means any vehicle that is designed for transporting 9
persons or property on a street or highway and is certified by the motor vehicle 10
manufacturer under all applicable fe