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SB 990

Protected Cell Captive Insurance Companies

2026 Regular Session Introduced by Tom Leek

Creates a state warranty framework for new agricultural equipment, with written notice, free timely repairs, and lemon-law replacement/refund remedies enforceable under the MCPA.

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Bill Summary · SB 990

SB 990 — Consumer Protection: Agricultural Equipment Warranties

Status: Introduced January 29, 2025. Hearing scheduled 3/11/2025 at 1:00 p.m. (Passed Senate 3/26/2025; transmitted to House 3/27/2025; referred to House committees; committee activity through May 2025; reported to Calendars 5/21/2025; died in Community Affairs 6/16/2025, per available action history.)

Purpose / Intent

Establish a statutory process for warranty claims on “agricultural equipment” (self‑propelled vehicles used primarily in farming), strengthen consumer protections for purchasers of such equipment, and make violations an unfair or deceptive trade practice enforceable under the Maryland Consumer Protection Act (MCPA).

Key provisions

  • Definitions

    • “Agricultural equipment”: any self‑propelled vehicle designed primarily for and used in farming.
    • “Consumer”: purchaser of new agricultural equipment (not for resale), transferees during the warranty period, or others entitled to enforce the warranty.
    • “Manufacturer, factory branch, or authorized dealer”: entities engaged in manufacturing, assembling, or dealing in agricultural equipment.
    • “Warranty” and “warranty period”: warranty per law (UCC §§2‑312–2‑315) or the stated express warranty period; warranty period is the later of the express period or the first year after original delivery.

  • Notice and disclosure

    • To make a warranty claim in the warranty period, the consumer must send written notice to the manufacturer or factory branch by certified mail, return receipt requested.
    • The notice requirement must be conspicuously disclosed in writing at sale or delivery.

  • Repair and timing obligations

    • Manufacturer/factory branch (or agent/authorized dealer) must be given an opportunity to correct the defect.
    • Corrections must be provided at no charge to the consumer — even if repairs occur after the warranty period — and completed within 30 days of receipt of the consumer’s notice.

  • Replacement or refund (lemon law style remedy)

    • If, after a reasonable number of attempts, the defect substantially impairs use and market value, the consumer may choose:
    • Replacement with comparable equipment acceptable to the consumer; or
    • Return of equipment for a full refund (purchase price plus license/registration/governmental charges), less:
      • A usage allowance not to exceed 15% of purchase price; and
      • Deductions for damage not attributable to normal wear or the defect.
    • Refunds must be made to consumer and lienholder as their interests appear.

  • Presumption of reasonable repair attempts

    • Presumed when within the warranty period:
    • The same defect has been subject to repair 4+ times but persists; or
    • Equipment is out of service a cumulative 30+ days due to repair/attempted repair (days excluded if replacement equipment was provided).

  • Extensions and exceptions

    • Warranty term, warranty period, and 30‑day out‑of‑service period are extended during interruptions caused by war, invasion, strike, fire, flood, or other natural disaster.
    • Presumption does not apply if manufacturer was not given the required written notice and opportunity to correct.
    • Affirmative defenses for manufacturer: defect does not substantially impair value/use, or defect results from abuse, neglect, or unauthorized modifications.

  • Remedies and enforcement

    • A consumer may bring a civil action for violations.
    • If manufacturer/factory branch (or agent/authorized distributor) acted in bad faith, court may award consumer damages up to $10,000.
    • Violations are treated as unfair, abusive, or deceptive trade practices under MCPA, subject to MCPA civil and criminal penalties (civil fines up to $10,000 per violation and up to $25,000 per repeat violation; criminal penalties may include fines/imprisonment under existing MCPA provisions).
    • The bill is explicitly prospective — it applies only to equipment purchased after the effective date.

Who is affected

  • Beneficiaries: consumers and small farm businesses that purchase new self‑propelled agricultural equipment — greater warranty protections and remedies.
  • Obligated parties: manufacturers, factory branches, authorized dealers/distributors (including small business sellers) — increased repair/notification procedures and potential liability.
  • Lienholders: included in refund distribution.

Fiscal & administrative impact

  • State/local: Fiscal note finds no material fiscal impact; Office of the Attorney General’s Consumer Protection Division can enforce with existing resources.
  • Small businesses: Mixed impact — small farming operations may benefit substantially; small manufacturers/dealers could face increased compliance costs and greater exposure to warranty claims.

Procedural notes

  • Companion bill: HB 1345 (Economic Matters).
  • As of available records, the bill advanced through the Senate (passed 3/26/2025) and was considered in the House with committee activity through May 2025; final disposition recorded as dying in Community Affairs on 6/16/2025. Check the legislature’s current docket for the latest status.

Compiled from official sources — confirm details with the bill’s official record.

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