LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6071 NOTE PREPARED: Oct 19, 2023
BILL NUMBER: SB 53 BILL AMENDED:
SUBJECT: Right to Repair.
FIRST AUTHOR: Sen. Ford J.D. BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill requires a manufacturer of a consumer electronic device or a piece of
agricultural equipment that is sold in Indiana, subject to certain exceptions, to:
(1) provide to an independent service provider or owner of the consumer electronic device or
agricultural equipment any service documentation the manufacturer provides to its authorized service
providers; and
(2) make available for purchase, upon reasonable terms, any service part the manufacturer provides
to its authorized service providers.
It provides that a manufacturer that sells service documentation to an independent service provider or owner:
(1) in a format that is standardized with respect to comparable information supplied by
manufacturers of comparable consumer electronic devices or agricultural equipment; and
(2) under terms and conditions more favorable than the terms and conditions under which the
manufacturer provides the information to an authorized service provider;
may not require an authorized service provider to purchase the service documentation in a proprietary format
unless the proprietary format includes content or functionality that is not available in the standardized format.
It also provides that a violation of the requirements is:
(1) actionable by the Attorney General; and
(2) subject to the remedies and penalties that apply to a deceptive consumer sales practice.
SB 53 1 Effective Date: July 1, 2024.
Explanation of State Expenditures: Deceptive Acts: This bill adds to the list of unfair and deceptive acts
that are actionable by the Attorney General (AG). To the extent the AG enforces provisions of this bill,
agency workload would increase to investigate and potentially prosecute allegations. Increases in AG
workload are expected to be accomplished within existing resource and funding levels.
Explanation of State Revenues: Deceptive Acts: Unfair and deceptive acts discovered by the AG carry a
maximum $5,000 civil penalty for each violation, which is deposited in the General Fund. If this bill
increases the number of unfair and deceptive acts discovered in the state, revenue to the General Fund will
increase from civil penalties paid by violators. Actual increases in revenue are unknown but expected to be
small.
Court Fee Revenue: If the Attorney General files additional civil cases and prevails, court fee revenue to the
state General Fund will increase. The total revenue per case would range between $100 and $122. The
amount deposited will vary depending on whether the case is filed in a court of record or a municipal court.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
Explanation of Local Expenditures:
Explanation of Local Revenues: Court Fee Revenue: If additional cases occur, revenue will be collected
by certain local units. If the case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
the revenue: Court fees imposed in civil, probate, and small claims cases.
State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
SB 53 2