H.F. 2763 DIVISION I 1 AGRICULTURAL EQUIPMENT REPAIR 2 Section 1. NEW SECTION . 322H.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. a. “Agricultural equipment” means equipment that is 6 primarily designed for use in a farming operation. 7 b. “Agricultural equipment” includes any of the following: 8 (1) A tractor, trailer, combine, sprayer, tillage 9 implement, baler, and other equipment used to plant, cultivate, 10 or harvest agricultural products. 11 (2) An attachment to and repair part for equipment described 12 in subparagraph (1). 13 (3) “Agricultural equipment” does not include any of the 14 following: 15 (a) A self-propelled vehicle designed primarily for the 16 transportation of individuals or property on a street or 17 highway. 18 (b) A powersports vehicle, including any of the following: 19 (i) A vehicle for off-road operation. 20 (ii) A personal watercraft that is a motorboat that is 21 designed to be operated by a person sitting, standing, or 22 kneeling on the vessel, rather than the conventional manner of 23 sitting or standing inside the vessel, and that is designed 24 primarily for use off of the public highways, and that uses 25 either an inboard motor powering a water jet pump or an 26 outboard motor-driven propeller. 27 (iii) A snowmobile. 28 (c) Any aircraft used in an agricultural aircraft 29 operation, as defined in 14 C.F.R. §137.3. 30 (d) Any equipment designed and used primarily for 31 irrigation purposes. 32 2. a. “Authorized repair provider” means a person that 33 is unaffiliated with a manufacturer other than through an 34 arrangement with the manufacturer, whether for a definite or an 35 -1- HF 2763 (2) 91 da/js/md 1/ 18

H.F. 2763 indefinite period, in which the manufacturer, for the purpose 1 of offering to provide services to an equipment owner regarding 2 the owner’s equipment or a part, grants the person any of the 3 following: 4 (1) A license to use a trade name, service mark, or other 5 proprietary identifier. 6 (2) Authorization under any other arrangement to act on 7 behalf of the manufacturer. 8 b. “Authorized repair provider” includes a manufacturer that 9 offers to provide services to an owner of the manufacturer’s 10 agricultural equipment regarding the owner’s agricultural 11 equipment or a part if the manufacturer does not have an 12 arrangement with an unaffiliated person, as described in 13 paragraph “a” . 14 3. “Data” means, with the consent of an owner, transmitted 15 or compiled information arising from the operation of an 16 owner’s agricultural equipment or its parts. 17 4. “Documentation” means a manual; diagram, including a 18 schematic diagram; reporting output; service code description; 19 security code or password; or similar type of guidance or 20 information, whether in an electronic or tangible format, that 21 a manufacturer provides to an authorized repair provider to 22 assist the authorized repair provider with services performed 23 on the manufacturer’s agricultural equipment or a part. 24 5. a. “Embedded software for agricultural equipment” means 25 any programmable instructions provided on firmware delivered 26 with or loaded to the agricultural equipment, with respect to 27 agricultural equipment operation. 28 b. “Embedded software for agricultural equipment” includes 29 all relevant patches and fixes that the manufacturer makes, 30 including but not limited to items described as a basic 31 internal operating system, internal operating system, machine 32 code, assembly code, root code, and microcode. 33 6. “Equipment dealer” means any person primarily engaged in 34 the retail sale of agricultural equipment. 35 -2- HF 2763 (2) 91 da/js/md 2/ 18

H.F. 2763 7. “Fair and reasonable terms and costs” means the following: 1 a. With respect to obtaining documentation, embedded 2 software, firmware, or tools from a manufacturer to provide 3 services. 4 b. With respect to documentation, the manufacturer provides 5 the documentation, including any relevant updates to the 6 documentation, at no charge, except that the manufacturer may 7 charge a fee for a printed copy of the documentation if the 8 amount of the fee covers only the manufacturer’s actual cost to 9 prepare and send the printed copy of the documentation. 10 c. With respect to tools that are software programs, the 11 manufacturer provides the tools that are software programs 12 subject to all of the following: 13 (1) At no charge and without requiring authorization or 14 internet access or otherwise imposing impediments to access or 15 use. 16 (2) In the course of effectuating the diagnosis, 17 maintenance, or repair and enabling the full functionality of 18 the agricultural equipment or part. 19 (3) In a manner that does not impair the efficient and 20 cost-effective performance of the agricultural equipment or 21 part. 22 d. Notwithstanding paragraph “a” , parts shall be sold to an 23 owner or an independent repair provider under equitable terms 24 for access to or receipt of any part pertaining to agricultural 25 equipment and in a manner that is any of the following: 26 (1) Is fair to both parties in light of any agreed-upon 27 conditions, the promised quality, and the timeliness of the 28 delivery. 29 (2) Does not discourage or disincentivize repairs to be made 30 by an owner or an independent repair provider. 31 e. Terms are fair if the terms do not impose on an owner or 32 independent repair provider any of the following: 33 (1) Substantial obligation to use, or any restriction 34 on the use of, a part, embedded software, embedded software 35 -3- HF 2763 (2) 91 da/js/md 3/ 18

H.F. 2763 for agricultural equipment, firmware, or tool, including a 1 condition that the owner or independent repair provider become 2 an authorized repair provider of the manufacturer. 3 (2) A requirement that a part, embedded software, embedded 4 software for agricultural equipment, firmware, or tool be 5 registered or paired with or approved by the manufacturer or an 6 authorized repair provider before the part, embedded software, 7 embedded software for agricultural equipment, firmware, or tool 8 is operational. 9 8. “Firmware” means a software program or set of 10 instructions programmed on equipment or a part to allow the 11 equipment or part to function or communicate with itself or 12 with other computer hardware. 13 9. a. “Independent repair provider” , except as otherwise 14 provided in paragraph “b” , means a person in the state that is 15 all of the following: 16 (1) Neither a manufacturer’s authorized repair provider nor 17 affiliated with a manufacturer’s authorized repair provider. 18 (2) Engaged in offering or providing services. 19 b. “Independent repair provider” includes all of the 20 following: 21 (1) An authorized repair provider if the authorized repair 22 provider is offering or providing services for a manufacturer 23 other than a manufacturer with which the authorized repair 24 provider has an arrangement described in subsection 2. 25 (2) A manufacturer with respect to offering or providing 26 services for another manufacturer’s agricultural equipment or 27 part. 28 10. “Original equipment manufacturer” or “manufacturer” 29 means a person doing business in the state and engaged in 30 the business of selling, leasing, or otherwise supplying 31 agricultural equipment or parts manufactured by or on behalf of 32 itself to any individual, business, or other entity. 33 11. “Owner” means a person that owns agricultural equipment, 34 or an agent of the owner. 35 -4- HF 2763 (2) 91 da/js/md 4/ 18

H.F. 2763 12. “Part” means a new or used replacement part for 1 agricultural equipment that a manufacturer offers for sale 2 or otherwise makes available for the purpose of providing 3 services. 4 13. “Services” means diagnostic, maintenance, or repair 5 services performed on agricultural equipment. 6 14. “Tools” means any software program, hardware implement, 7 or other apparatus used for diagnosis, maintenance, or repair 8 of agricultural equipment or parts, including software or 9 another mechanism that provides, programs, or pairs a new 10 part, calibrates functionality, or performs any other function 11 required to return the agricultural equipment or part to a 12 fully functional condition. 13 15. a. “Trade secret” means the whole or any portion or 14 phase of any scientific or technical information, design, 15 process, procedure, formula, improvement, or confidential 16 business or financial information; a listing of names, 17 addresses, or telephone numbers; or other information relating 18 to any business or profession that is secret and of value. 19 b. To be a trade secret, the owner thereof must have taken 20 measures to prevent the secret from becoming available to 21 persons other than those selected by the owner to have access 22 thereto for limited purposes. 23 Sec. 2. NEW SECTION . 322H.2 Agricultural equipment —— 24 obligations regarding services —— exemption. 25 1. Except as provided in subsection 2, all of the following 26 apply: 27 a. For the purpose of providing services for agricultural 28 equipment in the state, an original equipment manufacturer 29 shall, with fair and reasonable terms and costs, make 30 available to an independent repair provider or owner of the 31 manufacturer’s equipment any documentation, parts, embedded 32 software, embedded software for agricultural equipment, 33 firmware, tools, or, with owner authorization, data that are 34 intended for use with the equipment or any part, including 35 -5- HF 2763 (2) 91 da/js/md 5/ 18

H.F. 2763 updates to documentation, parts, embedded software, embedded 1 software for agricultural equipment, firmware, tools, or, with 2 owner authorization, data. 3 b. With respect to agricultural equipment that contains an 4 electronic security lock or other security-related function, a 5 manufacturer shall, with fair and reasonable terms and costs, 6 make available to independent repair providers and owners any 7 documentation, parts, embedded software, embedded software 8 for agricultural equipment, firmware, tools, or, with owner 9 authorization, data needed to reset the lock or function when 10 disabled in the course of providing services. The manufacturer 11 may make the documentation, parts, embedded software, embedded 12 software for agricultural equipment, firmware, tools, or, 13 with owner authorization, data available to independent 14 repair providers and owners through appropriate secure release 15 systems. 16 2. Subsection 1 does not apply to any of the following: 17 a. A part that is no longer available to the original 18 equipment manufacturer. 19 b. Conduct that would require the manufacturer to divulge 20 a trade secret, except that a manufacturer shall not refuse 21 to make available to an independent repair provider or owner 22 any documentation, part, embedded software, embedded software 23 for agricultural equipment, firmware, tool, or, with owner 24 authorization, data necessary to provide services on grounds 25 that the documentation, part, embedded software, embedded 26 software for agricultural equipment, firmware, tool, or, with 27 owner authorization, data itself is a trade secret. 28 3. Neither an original equipment manufacturer nor an 29 agricultural equipment dealer is liable for faulty or otherwise 30 improper repairs provided by an independent repair provider 31 or owner, including faulty or otherwise improper repairs that 32 cause any of the following: 33 a. Damage to agricultural equipment that occurs during such 34 repairs. 35 -6- HF 2763 (2) 91 da/js/md 6/ 18

H.F. 2763 b. Any indirect, incidental, special, or consequential 1 damages. 2 c. An inability to use, or a reduced functionality of, a 3 piece of agricultural equipment resulting from the faulty or 4 otherwise improper repair. 5 4. A manufacturer that provides data to an independent 6 repair provider in compliance with this chapter is neither 7 responsible nor liable to the owner, the independent repair 8 provider, or another party for any action that the independent 9 repair provider or another party takes while using or relying 10 on the data. 11 DIVISION II 12 AGRICULTURAL DATA OWNERSHIP AND MARKET COMPETITION 13 Sec. 3. NEW SECTION . 322I.1 Short title. 14 This chapter shall be known and may be cited as the “Iowa 15 Agricultural Data Ownership and Market Competition Act” . 16 Sec. 4. NEW SECTION . 322I.2 Legislative findings and 17 declaration. 18 The general assembly finds and declares all of the 19 following: 20 1. Iowa agricultural producers generate substantial data 21 annually, including yield monitor data, soil analyses, field 22 prescriptions, weather correlations, precision agriculture 23 measurements, livestock health metrics, and operational 24 performance data. 25 2. Agricultural producers currently surrender valuable 26 data to equipment manufacturers, platform companies, and data 27 service providers through opaque terms of service, often 28 receiving no compensation for the data and maintaining no 29 control over its use. 30 3. Seed companies, insurers, commodity traders, 31 agricultural technology firms, financial institutions, 32 government agencies, and others pay premium prices for 33 agricultural data insights, while agricultural producers 34 receive no portion of that value. 35 -7- HF 2763 (2) 91 da/js/md 7/ 18

H.F. 2763 4. Concentration of agricultural data collection and 1 transformation in a small number of equipment manufacturers and 2 platform companies tends to harm Iowa agricultural producers 3 and rural communities. 4 5. Agriculture is a sector of critical importance to Iowa’s 5 economy, food security, and community development. 6 6. Raw agricultural data, consisting of factual 7 observations and measurements generated directly from 8 agricultural equipment or agricultural production operations, 9 cannot be copyrighted under federal law, but when raw 10 agricultural data is transformed through creative processes, 11 analytical methods, or proprietary algorithms, the transformed 12 agricultural data may be considered intellectual property and 13 is eligible for full ownership protection. 14 7. Establishing clear agricultural data ownership 15 principles that recognize agricultural producers’ full 16 copyright ownership of transformed agricultural data will 17 empower agricultural producers to capture fair market value 18 for their data while promoting transparency, competition, and 19 innovation in the agricultural sector. 20 8. Preventing excessive market concentration in 21 agricultural data collection and transformation is essential 22 to preserving competitive markets, ensuring fair prices for 23 agricultural producers, and avoiding the harms associated with 24 monopolistic practices. 25 9. It is therefore in the best interests of the people 26 of Iowa to establish clear and comprehensive regulation of 27 agricultural data ownership and use in support of agricultural 28 producers, the agricultural industry, and rural communities. 29 Sec. 5. NEW SECTION . 322I.3 Definitions. 30 As used in this chapter, unless the context otherwise 31 requires: 32 1. “Agricultural equipment” means the same as defined in 33 section 322H.1. 34 2. “Agricultural producer” or “producer” means a person 35 -8- HF 2763 (2) 91 da/js/md 8/ 18

H.F. 2763 engaged in an agricultural production operation as a landowner, 1 tenant farmer, contract grower, livestock owner, or other 2 agricultural operator. 3 3. “Agricultural production operation” means any activity 4 conducted for the purpose of producing an agricultural 5 commodity, including crop production, livestock production, 6 aquaculture, viticulture, or similar activities. 7 4. “Data owner” means a person that holds ownership rights 8 in raw agricultural data or transformed agricultural data under 9 section 322I.4. 10 5. a. “Data service provider” means a person that 11 collects, receives, accesses, transmits, stores, processes, 12 transforms, aggregates, analyzes, sells, licenses, or 13 otherwise commercializes raw agricultural data or transformed 14 agricultural data. 15 b. “Data service provider” includes all of the following: 16 (1) An original equipment manufacturer, as defined in 17 section 322H.1. 18 (2) A platform provider that operates a digital platform, 19 application, or service through which raw agricultural data or 20 transformed agricultural data is collected, created, stored, 21 transmitted, processed, or otherwise made available. 22 (3) A data aggregator that collects, compiles, or processes 23 raw agricultural data from multiple agricultural producers. 24 (4) An entity that transforms raw agricultural data into 25 transformed agricultural data. 26 (5) An entity that sells, licenses, or otherwise 27 commercializes raw agricultural data or transformed 28 agricultural data. 29 6. “Data transaction” means any sale, license, transfer, 30 subscription, grant of access, or other commercial exchange 31 of transformed agricultural data or of an ownership right in 32 transformed agricultural data, whether for a one-time payment, 33 recurring fees, royalties, or other consideration. 34 7. “Department” means the department of agriculture and land 35 -9- HF 2763 (2) 91 da/js/md 9/ 18

H.F. 2763 stewardship. 1 8. “Landowner” means a person that is a titleholder, or 2 holds a fee simple interest, a life estate interest, or other 3 possessory interest, in agricultural land. 4 9. “Livestock” means the same as defined in section 717.1. 5 10. “Livestock owner” means a person that holds ownership 6 rights in livestock. 7 11. “Markets for transformed agricultural data” means the 8 commercial channels and purchasers of transformed agricultural 9 data, including all of the following: 10 a. Crop insurance companies and reinsurers seeking actuarial 11 data and risk assessments. 12 b. Seed companies and agricultural biotechnology firms 13 seeking performance validation data. 14 c. Commodity traders and futures markets seeking supply 15 forecasts and production analytics. 16 d. Agricultural lenders and financial institutions seeking 17 creditworthiness assessments and collateral valuations. 18 e. Carbon credit registries and environmental markets 19 seeking sequestration verification. 20 f. Government agencies seeking program compliance 21 verification or statistical data. 22 g. Food processors and retailers seeking supply chain 23 transparency and sustainability documentation. 24 h. Agricultural input suppliers seeking market intelligence 25 and demand forecasting. 26 i. Land valuation services and real estate markets seeking 27 productivity assessments. 28 j. Research institutions and universities seeking data for 29 agricultural studies. 30 k. Water districts and drainage districts seeking usage 31 optimization data. 32 l. Any other commercial, governmental, academic, or 33 nonprofit entity that derives value from transformed 34 agricultural data. 35 -10- HF 2763 (2) 91 da/js/md 10/ 18

H.F. 2763 12. a. “Raw agricultural data” means unprocessed 1 factual information and all data generated directly from an 2 agricultural production operation, agricultural equipment 3 operation, or agricultural land, and that satisfies both of the 4 following: 5 (1) Has not been converted to transformed agricultural 6 data. 7 (2) Consists of factual observations and measurements that 8 cannot be copyrighted under federal copyright law. 9 b. “Raw agricultural data” includes all of the following: 10 (1) Yield data, soil data, crop data, and field data as 11 directly recorded by equipment or by manual observation. 12 (2) Precision agricultural data, including global 13 positioning system coordinates, application rates, and sensor 14 readings. 15 (3) Equipment operation data, diagnostic data, telematics 16 data, and machine performance data as generated by equipment 17 systems. 18 (4) Livestock data, including health records, production 19 metrics, breeding data, and performance measurements. 20 (5) Weather data, environmental data, and climate data 21 specific to agricultural production operations. 22 (6) Input data, including seed, fertilizer, pesticide, 23 herbicide, diesel exhaust fluid, and fuel usage data. 24 (7) Financial data specific to agricultural production 25 operations. 26 13. “Transformed agricultural data” means raw agricultural 27 data that has been processed, analyzed, aggregated, compiled, 28 or otherwise transformed through the application of proprietary 29 algorithms, analytical methods, creative arrangement, or other 30 intellectual processes sufficient to produce information that 31 may be copyrighted as intellectual property under federal 32 copyright law, including all of the following: 33 a. Agronomic analyses and recommendations derived from raw 34 agricultural data. 35 -11- HF 2763 (2) 91 da/js/md 11/ 18

H.F. 2763 b. Predictive models and yield forecasts based on historical 1 and current data. 2 c. Field prescriptions and variable-rate application maps. 3 d. Comparative benchmark reports and performance analyses. 4 e. Validated farming practices documented and substantiated 5 through operational data. 6 f. Crop insurance risk assessments and actuarial analyses. 7 g. Carbon sequestration quantification and environmental 8 credit documentation. 9 h. Supply chain optimization analyses and logistical models. 10 i. Equipment efficiency analyses and maintenance prediction 11 models. 12 j. Sustainability certifications and compliance 13 documentation. 14 k. Market timing analyses and commodity trading insights. 15 l. Input optimization recommendations and resource 16 efficiency analyses. 17 m. Any other compilation, analysis, or derivative work that 18 meets the originality threshold for copyright protection under 19 federal law. 20 Sec. 6. NEW SECTION . 322I.4 Agricultural data ownership —— 21 rights of agricultural producers. 22 1. An agricultural producer that generates raw agricultural 23 data from the producer’s agricultural equipment or agricultural 24 production operation retains ownership of that raw agricultural 25 data and may do all of the following: 26 a. Access, possess, and control the raw agricultural data. 27 b. Receive copies of the raw agricultural data in a 28 standardized, portable, machine-readable format from a data 29 service provider. 30 c. Share the raw agricultural data with a data service 31 provider of the producer’s choosing. 32 d. Request deletion of the raw agricultural data from a data 33 service provider’s systems. 34 e. Receive information from a data service provider 35 -12- HF 2763 (2) 91 da/js/md 12/ 18

H.F. 2763 regarding how the raw agricultural data is being used, 1 transformed, and commercialized. 2 f. Receive fair market value compensation from a data 3 service provider when the raw agricultural data is used 4 to create transformed agricultural data or is otherwise 5 commercialized. 6 2. An agricultural producer that provides raw agricultural 7 data to a data service provider that converts the raw 8 agricultural data into transformed agricultural data has full 9 ownership rights in the transformed agricultural data and may 10 do all of the following: 11 a. Copyright the transformed agricultural data. 12 b. Reproduce the transformed agricultural data. 13 c. Prepare, or contract for the preparation of, derivative 14 works based on the transformed agricultural data. 15 d. Distribute copies of the transformed agricultural data. 16 e. Display the transformed agricultural data publicly. 17 f. License or sell the transformed agricultural data in any 18 market and for any lawful purpose. 19 g. Receive fair market value compensation from a data 20 service provider when the transformed agricultural data is 21 commercialized by others. 22 3. a. Except as provided in subsection 2, 4, or 5, 23 raw agricultural data generated by a landowner from a crop 24 production operation, and transformed agricultural data derived 25 from that raw agricultural data, belongs to the landowner of 26 the agricultural land from which the raw agricultural data was 27 generated. 28 b. A landowner that leases land to a tenant farmer or other 29 agricultural producer retains ownership of the raw agricultural 30 data generated from crop production on that land unless 31 otherwise provided by written agreement between the landowner 32 and the tenant farmer or other agricultural producer. 33 4. a. Raw agricultural data generated from a livestock 34 operation, referred to in this chapter as “livestock data” , 35 -13- HF 2763 (2) 91 da/js/md 13/ 18

H.F. 2763 and transformed agricultural data derived from that raw 1 agricultural data, belongs to the owner of the livestock from 2 which the raw agricultural data was generated, regardless of 3 where the livestock is housed or whether a person other than 4 the livestock owner manages the livestock, unless otherwise 5 provided by written agreement between the parties. 6 b. A landowner of land on which a livestock operation is 7 conducted, and who is not the owner of the livestock, does 8 not own and has no claim to the livestock data generated from 9 the livestock operation unless otherwise provided by written 10 agreement between the owner of the livestock and the landowner. 11 5. a. Raw agricultural data generated from agricultural 12 equipment during an agricultural production operation that is 13 related to the use of the agricultural equipment, referred to 14 in this chapter as “equipment operation data” , and transformed 15 agricultural data derived from that raw agricultural data, 16 belongs to the owner or lessee of the agricultural equipment 17 at the time the raw agricultural data was generated, unless 18 otherwise provided by written agreement between the parties. 19 b. In accordance with subsection 3, even if agricultural 20 equipment is used during crop production, raw agricultural data 21 generated from crop production belongs to the landowner if the 22 raw agricultural data is related to the crop production. If 23 the raw agricultural data is equipment operation data and is 24 related to the use of the agricultural equipment in the crop 25 production, the raw agricultural data belongs to the owner or 26 lessee of the agricultural equipment. 27 6. a. A data owner’s rights regarding raw agricultural data 28 or transformed agricultural data granted under this chapter 29 shall not be waived or transferred by a browsewrap agreement, 30 a clickwrap agreement, terms of service, an end user license 31 agreement, or a similar instrument. 32 b. A data owner’s rights regarding raw agricultural data 33 or transformed agricultural data may be waived, transferred, 34 or voided only if the data owner provides express, informed, 35 -14- HF 2763 (2) 91 da/js/md 14/ 18

H.F. 2763 written consent that specifically acknowledges the waiver, 1 transfer, or voiding of that right. 2 7. a. This section does not prohibit parties from 3 negotiating alternative ownership and revenue-sharing 4 arrangements for raw agricultural data or transformed 5 agricultural data through written agreement. 6 b. An agricultural producer may negotiate ownership 7 and revenue-sharing arrangements for the producer’s raw 8 agricultural data or transformed agricultural data, including 9 specific sharing arrangements for any of the following: 10 (1) Tenant farming. 11 (2) Sharecropping. 12 (3) A contract growing operation. 13 (4) A custom farming operation. 14 (5) An equipment leasing arrangement. 15 Sec. 7. NEW SECTION . 322I.5 Data monetization rights —— 16 limits on data service providers —— revenue sharing. 17 1. An agricultural producer may monetize, either directly 18 or through a data service provider of the producer’s choosing, 19 the producer’s transformed agricultural data by selling, 20 licensing, or otherwise commercializing the data in markets for 21 transformed agricultural data. 22 2. A data service provider shall not do any of the 23 following: 24 a. Prevent, restrict, or impede an agricultural producer 25 from monetizing the producer’s transformed agricultural data 26 through third parties. 27 b. Limit or restrict the types of markets for transformed 28 agricultural data in which an agricultural producer may 29 participate. 30 c. Impose contractual provisions that grant the data service 31 provider exclusive rights to the agricultural producer’s raw 32 agricultural data or transformed agricultural data without 33 fair market value compensation and the informed consent of the 34 agricultural producer. 35 -15- HF 2763 (2) 91 da/js/md 15/ 18

H.F. 2763 d. Discriminate or retaliate against an agricultural 1 producer in terms, pricing, or service based on the producer’s 2 monetization of transformed agricultural data. 3 3. When a data service provider sells, licenses, or 4 otherwise commercializes transformed agricultural data, all of 5 the following shall apply: 6 a. The data owner shall receive fair market value 7 compensation for the use of the data owner’s transformed 8 agricultural data, and the compensation shall be disclosed by 9 the data service provider prior to the data transaction. 10 b. The data service provider shall provide the data 11 owner, upon request, with a transparent accounting of all 12 data transactions involving the data owner’s transformed 13 agricultural data, including the markets in which the 14 transformed agricultural data was sold. 15 c. A revenue-sharing arrangement established between the 16 data owner and the data service provider shall be executed by 17 written agreement between the parties and shall specify the 18 percentage or amount of revenue paid to the data owner. 19 d. The data service provider may contract with other persons 20 to facilitate payment of revenue shares to data owners, but 21 shall not reduce or delay payments to the data owner. 22 Sec. 8. NEW SECTION . 322I.6 Enforcement —— unfair or 23 deceptive trade practice —— civil penalty —— private right of 24 action. 25 1. A violation of section 322I.5 by a data service provider 26 is an unlawful practice under section 714.16. 27 2. a. The department shall serve as the first-line 28 receiving and investigating authority for a violation of 29 section 322I.5, and may do any of the following: 30 (1) Receive and investigate complaints alleging violations 31 of this chapter. 32 (2) Refer complaints to the attorney general for 33 enforcement under section 714.16. 34 (3) Publish annual reports on agricultural data market 35 -16- HF 2763 (2) 91 da/js/md 16/ 18

H.F. 2763 concentration and compliance with this chapter. 1 b. The attorney general, on referral from the department or 2 upon the attorney general’s own initiative, may bring an action 3 to enforce section 322I.5 under section 714.16, including an 4 action seeking injunctive relief, restitution, civil penalties, 5 and any other relief authorized by section 714.16. 6 3. a. In addition to any other penalty available under 7 section 714.16, a data service provider that violates section 8 322I.5 is subject to a civil penalty of not more than fifty 9 thousand dollars per violation. 10 b. Except for any relief awarded under subsection 4, a civil 11 penalty recovered by the attorney general or the department 12 under section 322I.5 shall be deposited in the general fund of 13 the state. 14 4. An agricultural producer or data owner aggrieved by a 15 violation of section 322I.5 may bring a civil action in a court 16 of competent jurisdiction and, upon prevailing, is entitled to 17 all of the following: 18 a. Actual damages or statutory damages of up to ten thousand 19 dollars per violation, whichever amount is greater. 20 b. Injunctive relief. 21 c. Reasonable attorney fees and costs. 22 5. The remedies provided in this section are cumulative and 23 are in addition to any other remedies available under law. 24 Sec. 9. NEW SECTION . 322I.7 Rulemaking. 25 The department may adopt rules pursuant to chapter 17A to 26 administer and enforce this chapter. 27 Sec. 10. NEW SECTION . 322I.8 Construction —— relationship 28 to chapter 322H. 29 1. This chapter shall be construed independently of chapter 30 322H. 31 2. Except as otherwise expressly stated in statute, all of 32 the following apply: 33 a. The definition of “data” in section 322H.1 applies only 34 for purposes of chapter 322H. 35 -17- HF 2763 (2) 91 da/js/md 17/ 18

H.F. 2763 b. The definitions of “raw agricultural data” and 1 “transformed agricultural data” in section 322I.3 apply only for 2 purposes of this chapter. 3 3. a. Nothing in this chapter limits, modifies, 4 or supersedes the obligations of an original equipment 5 manufacturer under chapter 322H. 6 b. Nothing in chapter 322H limits, modifies, or supersedes 7 the data ownership rights of an agricultural producer or data 8 owner under this chapter. 9 Sec. 11. Section 714.16, subsection 2, Code 2026, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . t. It is an unlawful practice for a person 12 that is a data service provider acting in the course of the 13 person’s business to violate section 322I.5. 14 Sec. 12. EFFECTIVE DATE. This division of this Act takes 15 effect July 1, 2027. 16 Sec. 13. APPLICABILITY. This division of this Act applies 17 to transactions and conduct occurring on or after the effective 18 date of this division of this Act. 19 -18- HF 2763 (2) 91 da/js/md 18/ 18