a) (Definitions)

i) “Authorized service provider” means a person that has an arrangement under which:

1) The original manufacturer grants a license for the use of, or otherwise permits the use of, the original manufacturer’s trade name, service mark or other proprietary identification for the purpose of offering the services of diagnosing, maintaining, repairing or updating equipment or motor vehicles; or 

2) The person offers the services of diagnosing, maintaining, repairing or updating equipment or motor vehicles on behalf of the original manufacturer or under the original manufacturer’s warranty; or 

3) An original manufacturer, but only in instances where the original manufacturer does not have an arrangement described in subparagraph (1) of this section and offers the services of diagnosing, maintaining, repairing or updating equipment or motor vehicles that the original manufacturer makes or sells.

ii) “Equipment” means any of the following used, sold, or supplied in [STATE]:

1) Consumer electronic equipment which includes a product that:

(a) Functions, in whole or in part, on the basis of digital electronics that are embedded within or attached to the product;

(b) Is tangible personal property; and

(c) Is generally used for personal, family or household purposes;

2) Powered wheelchairs;

3) Agricultural equipment which includes:

(a) A tractor, trailer, combine, sprayer, tillage implement, baler, and any other equipment used to plant, cultivate, or harvest agricultural products or to ranch.

(b) The term shall not include:

(i) A self-propelled vehicle designed primarily for the transportation of individuals or property on a street or highway;

(ii) A powersports vehicle;

(iii) Any aircraft used in an agricultural aircraft operation.

iii) “Fair and reasonable terms” means an original manufacturer:

1) Makes documentation available at no charge;

2) Makes tools for diagnosing, maintaining, repairing or updating equipment or motor vehicles available at no charge and without impeding the ability to find the tools or the efficient and cost-effective use of the tools;

3) Makes parts available directly or through an authorized service provider to:

(a) An independent repair provider or owner at a cost and on terms that are equivalent to the most favorable costs and terms at which the original manufacturer offers the parts to an authorized service provider and that:

(i) Accounts for any discount, rebate, convenient means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the original manufacturer offers to an authorized service provider, or that impose any additional cost, burden or impediment on an independent repair provider or an owner that the original manufacturer also imposes on an authorized service provider;

(ii) Does not impose a substantial condition, obligation, or restriction that is not reasonably necessary to enable an independent repair provider or an owner to diagnose, maintain, repair or update equipment or motor vehicles that the original manufacturer makes or sells; and 

(iii) Does not require an independent repair provider or an owner to enter into an arrangement described in paragraph (a)(i) of this subsection.

(b) All authorized service providers that the original manufacturer permits, by contract or otherwise, to sell parts to independent repair providers and owners:

(i) Without imposing allocation limitations or advertising restrictions upon the authorized service provider as a means of retaliation or as a means of hindering the authorized service provider in selling parts by any means; or

(ii) Imposing a substantial condition, obligation or restriction that is not reasonably necessary to enable an independent repair provider or an owner to diagnose, maintain, repair or update equipment or motor vehicles that the original manufacturer makes or sells; and

4) The term may include a charge for the reasonable and actual costs of preparing and shipping the documentation or tool requested.

iv) “Independent repair provider” means a person that:

1) Engages in the business of diagnosing, maintaining, repairing or updating equipment or motor vehicles in [STATE] who is not an authorized service provider; and 

2) Possesses a valid and unexpired certification that demonstrates that the person has the technical capabilities and competence necessary to safely, securely and reliably repair equipment or motor vehicles in accordance with widely accepted standards that an original manufacturer accepts as evidence that the person can perform safe, secure and reliable repairs to equipment or motor vehicles that the original manufacturer makes or sells.

v) “Parts pairing” means a manufacturing practice of using software to identify component parts through a unique identifier.

vi) “Motor vehicle” means a vehicle, originally manufactured for distribution and sale in the United States, driven or drawn by mechanical power and manufactured primarily for use on public streets, roads and highways. 

1) The term shall not include:

(a) A vehicle that may be operated only on a rail line; 

(b) A recreational vehicle or auto home equipped for habitation; 

(c) An ambulance;

(d) A bus, motor coach or trackless trolley designed for the carriage of persons for hire or for school-related purposes; 

(e) Vehicles used exclusively for the building, repair and maintenance of highways or designed primarily for use elsewhere than on the traveled part of ways; 

(f) Any vehicle with a gross vehicle weight rating of more than 10,000 pounds; or

(g) A motorcycle.

vii) “Original manufacturer” means any person engaged in the creation or assembly of equipment or motor vehicles including any person who acts for and is under the control of said creator or assembler.

viii) “Tool” means any software program, hardware implement, or other apparatus for the diagnosis, maintenance, or repair, including software or other mechanisms that provision, program, pair a part, provide or calibrate functionality, or perform any other function required to repair or impart back to fully functional condition, including any updates.

b) (Right to repair)

i) An original manufacturer shall make available to an owner or an independent repair provider on fair and reasonable terms any documentation and tools that the original manufacturer makes available to an authorized service provider for the purpose of diagnosing, maintaining, repairing or updating the equipment or motor vehicles, including any tool or documentation necessary to repair or bypass an electronic security lock or other security-related function which may be made available through appropriate secure release systems.

c) (Parts pairing limited). An original manufacturer may not use parts pairing to:

i) Prevent or inhibit an independent repair provider or owner from installing or @maenabling the function of an otherwise functional replacement part or a component of equipment or motor vehicles, including a replacement part or a component that the original manufacturer has not approved; 

ii) Reduce the functionality or performance of equipment or motor vehicles; or 

iii) Cause equipment or motor vehicles to display misleading alerts or warnings, which the owner cannot immediately dismiss, about unidentified parts.

d) (Motor vehicle right to repair)

i) For motor vehicles manufactured on [DATE] and thereafter, an original manufacturer of motor vehicles sold in [STATE] shall make available to owners and independent repair providers, on fair and reasonable terms, the same documentation and tools, including repair technical updates, that the original manufacturer of motor vehicles makes available to authorized service providers through the original manufacturer’s internet-based diagnostic and repair information system or other electronically accessible original manufacturer’s repair information system, including information necessary to reset an immobilizer system or security-related electronic modules through the secure data release model system as currently used by the National Automotive Service Task Force.

ii) An authorized service provider shall not be required to purchase a proprietary version of any documentation or tool necessary to diagnose or make repairs if a substantially similar documentation or tool is made available to an owner or independent repair provider on more favorable terms, unless:

1) A proprietary format of the same information provides operations information or functionality that is not available to the independent repair provider or owner. 

2) The tool contains a proprietary interface.

e) This Act shall not:

i) Require an original manufacturer to:

1) Disclose a trade secret or licensed intellectual property, including copyrights or patents;

2) Alter the terms of any agreement or arrangement, except that any provision in the agreement or arrangement that purports to waive, restrict or limit the original manufacturer’s compliance with this Act is void and unenforceable.

3) Assume liability for any bodily injury or damage that an independent repair provider or an owner causes, except to the extent that the laws of this state provide for strict liability for defects in the design or manufacture of the equipment or motor vehicle.

4) Make available special documentation or tools that would disable or override, without an owner’s authorization, anti-theft or privacy security measures that the owner sets for equipment or motor vehicles.

5) Provide to an owner or independent repair provider any tool that the original manufacturer no longer manufactures.  

6) Avoid parts pairing for the purpose of reducing the functionality of a battery if a thermal event occurs.

ii) Apply to:

1) Equipment or motor vehicles that have never been available for retail sale;

2) A medical device, as defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.; or

3) A digital electronic product, software, control equipment or a related product manufactured exclusively for use in diagnosis or monitoring in an acute care hospital, a long term care facility such as a nursing home or skilled nursing facility, a physician’s office, an urgent care center, an outpatient clinic, a home setting where healthcare is provided by or at the direction of a licensed healthcare provider or an emergency medical service facility or for use in diagnosis or monitoring at a site where healthcare is routinely delivered on premises that are not otherwise a healthcare facility, such as a medical clinic within a school.

f) (Estimated performance life)

i) An original manufacturer shall disclose on packaging or a conspicuous label or tag affixed to each such equipment the following:

1) The estimated performance life of such equipment, as determined by the original manufacturer, under normal operating conditions, with routine maintenance as recommended by the original manufacturer.

2) The estimated annual cost of routine maintenance of such equipment as recommended by the original manufacturer.

ii) This subsection shall not apply to any sale or offer for sale of equipment after such equipment is sold to the first person who purchases such equipment other than for purposes of resale.

iii) The [PROSECUTING AUTHORITY] shall establish a process by which a consumer may report equipment that does not contain the required labeling.

g) (Enforcement)

i) A violation of this Act is punishable by a civil penalty of not more than $1,000 per day in which the violation continues. The [PROSECUTING AUTHORITY] shall have authority to investigate and file a civil action for violations of this Act, including estimated performance life that is substantially incorrect or misleading.

h) (Reporting requirements)

i) Every two years after the enactment of this Act, the [PROSECUTING AUTHORITY] shall submit a report to the Attorney General, Governor, and the Majority and Minority leaders of both chambers in the Legislature specifying the number and nature of complaints of violations of this Act received within the previous two years.

i) The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.