| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0382* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 382 | |
| 11 | 8 | I3 5lr0985 | |
| 12 | 9 | CF HB 31 | |
| 13 | 10 | By: Senators Kagan, Gile, Hester, King, Sydnor, M. Washington, and West | |
| 14 | 11 | Introduced and read first time: January 17, 2025 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 10, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Consumer Protection – Right to Repair – Powered Wheelchairs 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of requiring, in order to make repairs to powered wheelchairs, that a 3 | |
| 27 | 21 | certain manufacturer make available certain documentation, parts, embedded 4 | |
| 28 | 22 | software, firmware, and tools to a certain independent repair provider or owner of a 5 | |
| 29 | 23 | powered wheelchair; and generally relating to the repair of powered wheelchairs. 6 | |
| 30 | 24 | ||
| 31 | 25 | BY repealing and reenacting, with amendments, 7 | |
| 32 | 26 | Article – Commercial Law 8 | |
| 33 | 27 | Section 13–301(14)(xliv) 9 | |
| 34 | 28 | Annotated Code of Maryland 10 | |
| 35 | 29 | (2013 Replacement Volume and 2024 Supplement) 11 | |
| 36 | 30 | (As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 12 | |
| 37 | 31 | General Assembly of 2024) 13 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, without amendments, 14 | |
| 40 | 34 | Article – Commercial Law 15 | |
| 41 | 35 | Section 13–301(14)(xlv) 16 | |
| 42 | 36 | Annotated Code of Maryland 17 | |
| 43 | 37 | (2013 Replacement Volume and 2024 Supplement) 18 | |
| 44 | 38 | (As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 19 | |
| 45 | 39 | General Assembly of 2024) 20 | |
| 46 | 40 | ||
| 47 | 41 | BY adding to 21 | |
| 48 | - | Article – Commercial Law 22 2 SENATE BILL 382 | |
| 42 | + | Article – Commercial Law 22 | |
| 43 | + | Section 13–301(14)(xlvi); and 14–5001 through 14–5004 to be under the new subtitle 23 | |
| 44 | + | “Subtitle 50. Powered Wheelchairs Repair” 24 | |
| 45 | + | Annotated Code of Maryland 25 | |
| 46 | + | (2013 Replacement Volume and 2024 Supplement) 26 | |
| 47 | + | ||
| 48 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 SENATE BILL 382 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section 13–301(14)(xlvi); and 14–5001 through 14–5004 to be under the new subtitle 1 | |
| 52 | - | “Subtitle 50. Powered Wheelchairs Repair” 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2013 Replacement Volume and 2024 Supplement) 4 | |
| 51 | + | That the Laws of Maryland read as follows: 1 | |
| 55 | 52 | ||
| 56 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
| 57 | - | That the Laws of Maryland read as follows: 6 | |
| 53 | + | Article – Commercial Law 2 | |
| 58 | 54 | ||
| 59 | - | ||
| 55 | + | 13–301. 3 | |
| 60 | 56 | ||
| 61 | - | ||
| 57 | + | Unfair, abusive, or deceptive trade practices include any: 4 | |
| 62 | 58 | ||
| 63 | - | | |
| 59 | + | (14) Violation of a provision of: 5 | |
| 64 | 60 | ||
| 65 | - | ( | |
| 61 | + | (xliv) Title 14, Subtitle 49 of this article; [or] 6 | |
| 66 | 62 | ||
| 67 | - | ( | |
| 63 | + | (xlv) Section 12–6C–09.1 of the Health Occupations Article; or 7 | |
| 68 | 64 | ||
| 69 | - | ( | |
| 65 | + | (XLVI) TITLE 14, SUBTITLE 50 OF THIS ARTICLE; OR 8 | |
| 70 | 66 | ||
| 71 | - | ||
| 67 | + | SUBTITLE 50. POWERED WHEELCHAIRS REPAIR. 9 | |
| 72 | 68 | ||
| 73 | - | ||
| 69 | + | 14–5001. 10 | |
| 74 | 70 | ||
| 75 | - | 14–5001. 15 | |
| 71 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11 | |
| 72 | + | INDICATED. 12 | |
| 76 | 73 | ||
| 77 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16 | |
| 78 | - | INDICATED. 17 | |
| 74 | + | (B) (1) “AUTHORIZED REPAIR PRO VIDER” MEANS A PERSON THAT IS 13 | |
| 75 | + | UNAFFILIATED WITH A MANUFACTURER AND, FOR THE PURPOSE OF O FFERING TO 14 | |
| 76 | + | PROVIDE SERVICES TO AN OWNER OF THE MANUFAC TURER’S EQUIPMENT 15 | |
| 77 | + | REGARDING THE OWNER ’S EQUIPMENT OR PART , HAS: 16 | |
| 79 | 78 | ||
| 80 | - | (B) (1) “AUTHORIZED REPAIR PRO VIDER” MEANS A PERSON THAT IS 18 | |
| 81 | - | UNAFFILIATED WITH A MANUFACTURER AND , FOR THE PURPOSE OF O FFERING TO 19 | |
| 82 | - | PROVIDE SERVICES TO AN OWNER OF THE MANUFAC TURER’S EQUIPMENT 20 | |
| 83 | - | REGARDING THE OWNER ’S EQUIPMENT OR PART , HAS: 21 | |
| 79 | + | (I) AN ARRANGEMENT WITH THE MANUFACTURE R UNDER 17 | |
| 80 | + | WHICH THE MANUFACTUR ER GRANTS TO THE PERSON A LICENSE TO USE A TRADE 18 | |
| 81 | + | NAME, A SERVICE MARK , OR ANY OTHER PROPRIETARY ID ENTIFIER; OR 19 | |
| 84 | 82 | ||
| 85 | - | (I) AN ARRANGEMENT WITH T HE MANUFACTURER UNDE R 22 | |
| 86 | - | WHICH THE MANUFACTUR ER GRANTS TO THE PER SON A LICENSE TO USE A TRADE 23 | |
| 87 | - | NAME, A SERVICE MARK , OR ANY OTHER PROPRIETARY IDEN TIFIER; OR 24 | |
| 83 | + | (II) AUTHORIZATION UNDER ANOTHER ARRANGEMENT TO ACT 20 | |
| 84 | + | ON BEHALF OF THE MAN UFACTURER . 21 | |
| 88 | 85 | ||
| 89 | - | ( | |
| 90 | - | ||
| 86 | + | (2) “AUTHORIZED REPAIR PRO VIDER” INCLUDES A MANUFACTU RER 22 | |
| 87 | + | WHEN THE MANUFACTURE R: 23 | |
| 91 | 88 | ||
| 92 | - | ( | |
| 93 | - | ||
| 94 | - | ||
| 89 | + | (I) OFFERS TO PROVIDE SER VICES TO AN OWNER OF THE 24 | |
| 90 | + | MANUFACTURER ’S EQUIPMENT REGARDIN G THE OWNER ’S EQUIPMENT OR PART ; 25 | |
| 91 | + | AND 26 | |
| 95 | 92 | ||
| 96 | - | ||
| 97 | - | (I) OFFERS TO PROVIDE SER VICES TO AN OWNER OF THE 1 | |
| 98 | - | MANUFACTURER ’S EQUIPMENT REGARDIN G THE OWNER ’S EQUIPMENT OR PART ; 2 | |
| 99 | - | AND 3 | |
| 100 | - | ||
| 101 | - | (II) DOES NOT HAVE ANY ARR ANGEMENT DESCRIBED I N 4 | |
| 102 | - | PARAGRAPH (1) OF THIS SUBSECTION W ITH AN UNAFFILIATED PERSON. 5 | |
| 103 | - | ||
| 104 | - | (C) “DOCUMENTATION ” MEANS ANY MANUAL , DIAGRAM, REPORTING 6 | |
| 105 | - | OUTPUT, SERVICE CODE DESCRIPTION , SCHEMATIC, OR OTHER INFORMATION , 7 | |
| 106 | - | WHETHER IN ELECTRONI C OR TANGIBLE FORMAT , THAT A MANUFACTURER 8 | |
| 107 | - | PROVIDES TO AN AUTHO RIZED REPAIR PROVIDE R FOR THE PURPOSE OF ASSISTING 9 | |
| 108 | - | THE AUTHORIZED REPAI R PROVIDER WITH SERV ICES PERFORMED ON TH E 10 | |
| 109 | - | MANUFAC TURER’S EQUIPMENT OR PART . 11 | |
| 110 | - | ||
| 111 | - | (D) (1) “EMBEDDED SOFTWARE ” MEANS PROGRAMMABLE 12 | |
| 112 | - | INSTRUCTIONS PROVIDE D ON FIRMWARE DELIVE RED WITH AN ELECTRON IC 13 | |
| 113 | - | COMPONENT OF EQUIPME NT OR A PART TO REST ORE OR IMPROVE OPERA TION OF 14 | |
| 114 | - | THE EQUIPMENT OR PAR T. 15 | |
| 115 | - | ||
| 116 | - | (2) “EMBEDDED SOFTWARE ” INCLUDES ALL RELEVAN T PATCHES 16 | |
| 117 | - | AND FIXES THAT THE M ANUFACTURER MAKES TO EQUIPMENT OR A PART TO 17 | |
| 118 | - | RESTORE OR IMPROVE T HE EQUIPMENT OR PART . 18 | |
| 119 | - | ||
| 120 | - | (E) “EQUIPMENT” MEANS A POWERED WHEE LCHAIR. 19 | |
| 121 | - | ||
| 122 | - | (F) “FAIR AND REASONABLE T ERMS AND COSTS ” MEANS: 20 | |
| 123 | - | ||
| 124 | - | (1) WITH RESPECT TO OBTAINING FROM A MAN UFACTURER ANY 21 | |
| 125 | - | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS IN ORDER 22 | |
| 126 | - | TO PROVIDE SERVICES : 23 | |
| 127 | - | ||
| 128 | - | (I) TERMS THAT ARE EQUIVA LENT TO THE MOST FAV ORABLE 24 | |
| 129 | - | TERMS THE MANUFACTUR ER OFFERS TO AN AUTH ORIZED REPAIR PROVID ER; AND 25 | |
| 130 | - | ||
| 131 | - | (II) COSTS THAT DO NOT EXC EED THE MANUFACTURER ’S 26 | |
| 132 | - | SUGGESTED RETAIL PRI CE, CALCULATED USING NET COSTS INCURRED AND 27 | |
| 133 | - | ACCOUNTING FOR ANY D ISCOUNTS, REBATES, OR INCENTIVES OFFERE D; 28 | |
| 134 | - | ||
| 135 | - | (2) WITH RESPECT TO OBTAI NING FROM A MANUFACT URER ANY 29 | |
| 136 | - | DOCUMENTATION TO PRO VIDE SERVICES, TERMS AND COSTS ON W HICH THE 30 | |
| 137 | - | MANUFACTURER AGREES TO PROVIDE THE DOCUM ENTATION AND ANY REL EVANT 31 | |
| 138 | - | UPDATES AT NO CHARGE OTHER THAN , AT MOST, A CHARGE FOR THE 32 | |
| 139 | - | MANUFACTURER ’S ACTUAL COSTS TO PR EPARE AND SEND THE P RINTED COPY OF 33 | |
| 140 | - | THE DOCUMENTATION ; AND 34 4 SENATE BILL 382 | |
| 93 | + | (II) DOES NOT HAVE AN Y ARRANGEMENT DESCRIBE D IN 27 | |
| 94 | + | PARAGRAPH (1) OF THIS SUBSECTION W ITH AN UNAFFILIATED PERSON. 28 SENATE BILL 382 3 | |
| 141 | 95 | ||
| 142 | 96 | ||
| 143 | 97 | ||
| 144 | - | (3) WITH RESPECT TO OBTAI NING FROM A MANUFACT URER TOOLS 1 | |
| 145 | - | THAT ARE SOFTWARE PR OGRAMS, TERMS AND COSTS ON W HICH THE 2 | |
| 146 | - | MANUFACTURER AGREES TO PROVIDE THE TOOLS : 3 | |
| 98 | + | (C) “DOCUMENTATION ” MEANS ANY MANUAL , DIAGRAM, REPORTING 1 | |
| 99 | + | OUTPUT, SERVICE CODE DESCRIP TION, SCHEMATIC, OR OTHER INFORMATION , 2 | |
| 100 | + | WHETHER IN ELECTRONIC OR TANGIB LE FORMAT , THAT A MANUFACTURER 3 | |
| 101 | + | PROVIDES TO AN AUTHO RIZED REPAIR PROVIDE R FOR THE PURPOSE OF ASSISTING 4 | |
| 102 | + | THE AUTHORIZED REPAI R PROVIDER WITH SERV ICES PERFORMED ON TH E 5 | |
| 103 | + | MANUFACTURER ’S EQUIPMENT OR PART . 6 | |
| 147 | 104 | ||
| 148 | - | (I) AT NO CHARGE AND WITH OUT REQUIRING AUTHOR IZATION 4 | |
| 149 | - | OR INTERNET ACCESS , OR IMPOSING IMPEDIME NTS TO ACCESS OR USE THE TOOLS; 5 | |
| 105 | + | (D) (1) “EMBEDDED SOFTWARE ” MEANS PROGRAMMABLE 7 | |
| 106 | + | INSTRUCTIONS PROVIDE D ON FIRMWARE DELIVE RED WITH AN ELECTRON IC 8 | |
| 107 | + | COMPONENT OF EQUIPME NT OR A PART TO RESTORE OR IMPROV E OPERATION OF 9 | |
| 108 | + | THE EQUIPMENT OR PAR T. 10 | |
| 150 | 109 | ||
| 151 | - | ( | |
| 152 | - | ||
| 153 | - | ||
| 110 | + | (2) “EMBEDDED SOFTWARE ” INCLUDES ALL RELEVAN T PATCHES 11 | |
| 111 | + | AND FIXES THAT THE MANUFAC TURER MAKES TO EQUIP MENT OR A PART TO 12 | |
| 112 | + | RESTORE OR IMPROVE T HE EQUIPMENT OR PART . 13 | |
| 154 | 113 | ||
| 155 | - | (III) IN A MANNER THAT DOES NOT IMPAIR THE EFFIC IENT AND 9 | |
| 156 | - | COST–EFFECTIVE PERFORMANCE OF THE EQUIPMENT OR PAR T. 10 | |
| 114 | + | (E) “EQUIPMENT” MEANS A POWERED WHEE LCHAIR. 14 | |
| 157 | 115 | ||
| 158 | - | (G) “FIRMWARE” MEANS A SOFTWARE PRO GRAM OR SET OF INSTR UCTIONS 11 | |
| 159 | - | PROGRAMMED ON EQUIPM ENT OR A PART TO ALL OW THE EQUIPMENT OR PART TO 12 | |
| 160 | - | COMMUNICATE WITH ITS ELF OR WITH OTHER CO MPUTER HARDWARE . 13 | |
| 116 | + | (F) “FAIR AND REASONABLE T ERMS AND COSTS” MEANS: 15 | |
| 161 | 117 | ||
| 162 | - | (H) (1) “INDEPENDENT REPAIR PROVIDER ” MEANS A PERSON IN TH E 14 | |
| 163 | - | STATE THAT IS: 15 | |
| 118 | + | (1) WITH RESPECT TO OBTAI NING FROM A MANUFACTURER ANY 16 | |
| 119 | + | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS IN ORDER 17 | |
| 120 | + | TO PROVIDE SERVICES : 18 | |
| 164 | 121 | ||
| 165 | - | (I) EXCEPT AS PROVIDED IN PARAGRAPH (2)(I) OF THIS 16 | |
| 166 | - | SUBSECTION, NEITHER A MANUFACTUR ER’S AUTHORIZED REPAIR PROVIDER NOR 17 | |
| 167 | - | AFFILIATED WITH A MA NUFACTURER ’S AUTHORIZED REPAIR PROVIDER; AND 18 | |
| 122 | + | (I) TERMS THAT ARE EQUIVA LENT TO THE MOST FAVORABLE 19 | |
| 123 | + | TERMS THE MANUFACTURER OFF ERS TO AN AUTHORIZED REPAIR PROVIDER ; AND 20 | |
| 168 | 124 | ||
| 169 | - | (II) ENGAGED IN OFFERING OR PR OVIDING SERVICES . 19 | |
| 125 | + | (II) COSTS THAT DO NOT EXC EED THE MANUFACTURER ’S 21 | |
| 126 | + | SUGGESTED RETAIL PRI CE, CALCULATED USING NET COSTS INCURRED AND 22 | |
| 127 | + | ACCOUNTING FOR ANY D ISCOUNTS, REBATES, OR INCENTIVES OFFERE D; 23 | |
| 170 | 128 | ||
| 171 | - | (2) “INDEPENDENT REPAIR PR OVIDER” INCLUDES: 20 | |
| 129 | + | (2) WITH RESPECT TO OBTAI NING FROM A MANUFACT URER ANY 24 | |
| 130 | + | DOCUMENTATION TO PRO VIDE SERVICES , TERMS AND COSTS ON WHICH THE 25 | |
| 131 | + | MANUFACTURER AGREES TO PROVIDE THE DOCUMENT ATION AND ANY RELEVA NT 26 | |
| 132 | + | UPDATES AT NO CHARGE OTHER THAN , AT MOST, A CHARGE FOR THE 27 | |
| 133 | + | MANUFACTURER ’S ACTUAL COSTS TO PREPARE AND SEND THE PRINTED COPY OF 28 | |
| 134 | + | THE DOCUMENTATION ; AND 29 | |
| 172 | 135 | ||
| 173 | - | (I) AN AUTHORIZED REPAIR PROVIDER IF THE AUTH ORIZED 21 | |
| 174 | - | REPAIR PROVIDER IS O FFERING OR PROVIDING SERVICES FOR A DIFFE RENT 22 | |
| 175 | - | MANUFACTURER OTHER T HAN THE MANUFACTURER WITH WHOM THE AUTHORIZED 23 | |
| 176 | - | REPAIR PROVIDER HAS AN ARRANGEMENT AS DE SCRIBED SUBSECTION (B)(1) OF 24 | |
| 177 | - | THIS SECTION; AND 25 | |
| 178 | - | ||
| 179 | - | (II) A MANUFACTURER THAT OF FERS OR PROVIDES SER VICES 26 | |
| 180 | - | FOR ANOTHER MANUFACT URER’S EQUIPMENT OR PART . 27 | |
| 181 | - | ||
| 182 | - | (I) “MANUFACTURER ” MEANS A PERSON DOING BUSINESS IN THE STATE 28 | |
| 183 | - | AND ENGAGED IN THE B USINESS OF SELLING , LEASING, OR SUPPLYING NEW 29 | |
| 184 | - | EQUIPMENT OR PARTS M ANUFACTURED BY OR ON BEHALF OF ITSELF TO ANY 30 | |
| 185 | - | INDIVIDUAL, BUSINESS, OR OTHER ENTITY . 31 | |
| 186 | - | SENATE BILL 382 5 | |
| 136 | + | (3) WITH RESPECT TO OBTAI NING FROM A MANUFACTUR ER TOOLS 30 | |
| 137 | + | THAT ARE SOFTWARE PR OGRAMS, TERMS AND COSTS ON WHICH THE 31 | |
| 138 | + | MANUFACTURER AGREES TO PROVIDE THE TOOLS : 32 | |
| 139 | + | 4 SENATE BILL 382 | |
| 187 | 140 | ||
| 188 | 141 | ||
| 189 | - | ( | |
| 190 | - | THE | |
| 142 | + | (I) AT NO CHARGE AND WITHOU T REQUIRING AUTHORIZ ATION 1 | |
| 143 | + | OR INTERNET ACCESS, OR IMPOSING IMPEDIMENTS TO ACCESS OR USE THE TOOLS; 2 | |
| 191 | 144 | ||
| 192 | - | ( | |
| 193 | - | ||
| 194 | - | ||
| 145 | + | (II) DURING THE COURSE OF PERFORMING A DIAGNOS IS, 3 | |
| 146 | + | MAINTENANCE , OR A REPAIR AND IN A MANNER THAT ENA BLES FULL 4 | |
| 147 | + | FUNCTIONALITY OF THE EQUIPMENT OR PART ; AND 5 | |
| 195 | 148 | ||
| 196 | - | ( | |
| 197 | - | ||
| 149 | + | (III) IN A MANNER THAT DOES NOT IMPAIR THE EFFIC IENT AND 6 | |
| 150 | + | COST–EFFECTIVE PERFORMANC E OF THE EQUIPMENT OR PART . 7 | |
| 198 | 151 | ||
| 199 | - | (M) “SERVICES” MEANS DIAGNOSTICS , MAINTENANCE , OR REPAIRS 8 | |
| 200 | - | PERFORMED ON EQUIPME NT OR PARTS. 9 | |
| 152 | + | (G) “FIRMWARE” MEANS A SOFTWARE PRO GRAM OR SET OF INSTR UCTIONS 8 | |
| 153 | + | PROGRAMMED ON EQUIPM ENT OR A PART TO ALL OW THE EQUIPMENT OR PART TO 9 | |
| 154 | + | COMMUNICATE WITH ITS ELF OR WITH OTHER CO MPUTER HARDWARE . 10 | |
| 201 | 155 | ||
| 202 | - | (N) (1) “TOOL” MEANS ANY SOFTWARE P ROGRAM, HARDWARE 10 | |
| 203 | - | IMPLEMENT, OR OTHER APPARATUS U SED FOR DIAGNOSIS , MAINTENANCE , OR 11 | |
| 204 | - | REPAIR OF EQ UIPMENT OR PARTS . 12 | |
| 156 | + | (H) (1) “INDEPENDENT REPAIR PR OVIDER” MEANS A PERSON IN THE 11 | |
| 157 | + | STATE THAT IS: 12 | |
| 205 | 158 | ||
| 206 | - | (2) “TOOL” INCLUDES SOFTWARE OR OTHER MECHANISMS THA T 13 | |
| 207 | - | PROVIDE, PROGRAM, OR PAIR A NEW PART , CALIBRATE FUNCTIONAL ITY, OR 14 | |
| 208 | - | PERFORM ANY OTHER FU NCTION REQUIRED TO R ETURN THE EQUIPMENT OR PART 15 | |
| 209 | - | TO FULLY FUNCTIONAL CONDITION. 16 | |
| 159 | + | (I) EXCEPT AS PROVIDED IN PARAGRAPH (2)(I) OF THIS 13 | |
| 160 | + | SUBSECTION, NEITHER A MANUFACTUR ER’S AUTHORIZED REPAIR PROVIDER NOR 14 | |
| 161 | + | AFFILIATED WITH A MA NUFACTURER ’S AUTHORIZED REPAIR PROVIDER; AND 15 | |
| 210 | 162 | ||
| 211 | - | (O) “TRADE SECRET” HAS THE MEANING STAT ED IN § 11–1201 OF THIS 17 | |
| 212 | - | ARTICLE. 18 | |
| 163 | + | (II) ENGAGED IN OFFERING O R PROVIDING SERVICES . 16 | |
| 213 | 164 | ||
| 214 | - | ||
| 165 | + | (2) “INDEPENDENT REPAIR PR OVIDER” INCLUDES: 17 | |
| 215 | 166 | ||
| 216 | - | (A) THIS SECTION APPLIES ONLY TO DOCUMENTATIO N, PARTS, EMBEDDED 20 | |
| 217 | - | SOFTWARE, FIRMWARE, OR TOOLS THAT ARE NE CESSARY FOR AN INDEP ENDENT 21 | |
| 218 | - | REPAIR PROVIDER OR O WNER TO PERFORM SERV ICES WITH RESPECT TO THE 22 | |
| 219 | - | FOLLOWING PARTS : 23 | |
| 167 | + | (I) AN AUTHORIZED REPAIR PROVIDER IF THE AUTHORIZED 18 | |
| 168 | + | REPAIR PROVIDER IS OFFERING OR PROVI DING SERVICES FOR A DIFFERENT 19 | |
| 169 | + | MANUFACTURER OTHER T HAN THE MANUFACTURER WITH WH OM THE AUTHORIZED 20 | |
| 170 | + | REPAIR PROVIDER HAS AN ARRANGEMENT AS DE SCRIBED SUBSECTION (B)(1) OF 21 | |
| 171 | + | THIS SECTION; AND 22 | |
| 220 | 172 | ||
| 221 | - | (1) BATTERIES AND BATTERY CHARGERS; 24 | |
| 173 | + | (II) A MANUFACTURER THAT OFFERS OR PROVIDES SERVICES 23 | |
| 174 | + | FOR ANOTHER MANUFACT URER’S EQUIPMENT OR PART . 24 | |
| 222 | 175 | ||
| 223 | - | (2) NONPROGRAMMABLE JOYST ICKS; 25 | |
| 176 | + | (I) “MANUFACTURER ” MEANS A PERSON DOING BUSIN ESS IN THE STATE 25 | |
| 177 | + | AND ENGAGED IN THE B USINESS OF SELLING , LEASING, OR SUPPLYING NEW 26 | |
| 178 | + | EQUIPMENT OR PARTS M ANUFACTURED BY OR ON BEHALF OF ITSELF TO ANY 27 | |
| 179 | + | INDIVIDUAL, BUSINESS, OR OTHER ENTITY . 28 | |
| 224 | 180 | ||
| 225 | - | (3) JOYSTICK HOUSINGS OR BRACKETS; 26 | |
| 181 | + | (J) “OWNER” MEANS A PERSON THAT OWNS EQUIPMENT OR AN AGENT OF 29 | |
| 182 | + | THE OWNER. 30 | |
| 226 | 183 | ||
| 227 | - | (4) WHEEL ASSEMBLIES ; 27 | |
| 228 | - | ||
| 229 | - | (5) NONPOSITIONING ACCESS ORIES; 28 | |
| 230 | - | ||
| 231 | - | (6) ANTI–TIP DEVICES; 29 | |
| 232 | - | 6 SENATE BILL 382 | |
| 184 | + | (K) “PART” MEANS A NEW OR USED REPLACEMENT COMPONENT FOR 31 SENATE BILL 382 5 | |
| 233 | 185 | ||
| 234 | 186 | ||
| 235 | - | (7) EXCEPT FOR POSITIONING COMPONEN TS DESIGNED FOR 1 | |
| 236 | - | ADJUSTMENT BY A THER APIST OR AN ASSISTIV E TECHNOLOGY PROFESS IONAL, 2 | |
| 237 | - | ARMRESTS; 3 | |
| 187 | + | EQUIPMENT THAT A MAN UFACTURER OFFERS FOR SALE OR MAKES AVAILA BLE FOR 1 | |
| 188 | + | THE PURPOSE OF PROVI DING SERVICES. 2 | |
| 238 | 189 | ||
| 239 | - | (8) CASTER SPHERES ; 4 | |
| 190 | + | (L) “POWERED WHEELCHAIR ” MEANS A MOTORIZED WH EELED DEVICE 3 | |
| 191 | + | DESIGNED FOR USE BY A PERSON WITH A PHYS ICAL DISABILITY. 4 | |
| 240 | 192 | ||
| 241 | - | (9) COSMETIC SHROUDING ; AND 5 | |
| 193 | + | (M) “SERVICES” MEANS DIAGNOSTIC S, MAINTENANCE , OR REPAIR S 5 | |
| 194 | + | PERFORMED ON EQUIPME NT OR PARTS. 6 | |
| 242 | 195 | ||
| 243 | - | (10) NONPOWERED LEG LOWERE RS. 6 | |
| 196 | + | (N) (1) “TOOL” MEANS ANY SOFTWARE P ROGRAM, HARDWARE 7 | |
| 197 | + | IMPLEMENT, OR OTHER APPARATUS U SED FOR DIAGNOSIS , MAINTENANCE , OR 8 | |
| 198 | + | REPAIR OF EQUIPMENT OR PARTS . 9 | |
| 244 | 199 | ||
| 245 | - | (B) EXCEPT AS PROVIDED IN SUBSECTION (C) (D) OF THIS SECTION, TO 7 | |
| 246 | - | PROVIDE SERVICES FOR EQUIPMENT IN THE STATE, A MANUFACTURER SHALL , ON 8 | |
| 247 | - | FAIR AND REASONABLE TERMS AND COSTS , MAKE AVAILABLE TO AN INDEPENDENT 9 | |
| 248 | - | REPAIR PROVIDER OR O WNER OF THE MANUFACT URER’S EQUIPMENT ANY 10 | |
| 249 | - | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS THAT ARE 11 | |
| 250 | - | INTENDED FOR USE WIT H THE EQUIPMENT OR A NY PART, INCLUDING UPDATES TO 12 | |
| 251 | - | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS. 13 | |
| 200 | + | (2) “TOOL” INCLUDES SOFTWARE OR OTHER ME CHANISMS THAT 10 | |
| 201 | + | PROVIDE, PROGRAM, OR PAIR A NEW PART , CALIBRATE FUNCTIONAL ITY, OR 11 | |
| 202 | + | PERFORM ANY OTHER FU NCTION REQUIRED TO R ETURN THE EQUIPMENT OR PART 12 | |
| 203 | + | TO FULLY FUNCTIONAL CONDITION. 13 | |
| 252 | 204 | ||
| 253 | - | (B) (C) (1) FOR EQUIPMENT THAT CO NTAINS AN ELECTRIC S ECURITY 14 | |
| 254 | - | LOCK OR OTHER SECURI TY–RELATED FUNCT IONS, A MANUFACTURER SHALL , ON 15 | |
| 255 | - | FAIR AND REASONABLE TERMS AND COSTS , MAKE AVAILABLE TO IN DEPENDENT 16 | |
| 256 | - | REPAIR PROVIDERS ANY DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , 17 | |
| 257 | - | FIRMWARE, OR TOOLS NEEDED TO R ESET THE LOCK OR FUN CTION WHEN DISABLED 18 | |
| 258 | - | IN THE COURSE OF PRO VIDING SERVICES. 19 | |
| 205 | + | (O) “TRADE SECRET ” HAS THE MEANING STAT ED IN § 11–1201 OF THIS 14 | |
| 206 | + | ARTICLE. 15 | |
| 259 | 207 | ||
| 260 | - | (2) THE MANUFACTURER MAY MAKE THE DOCUMENTATI ON, PARTS, 20 | |
| 261 | - | EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS AVAILABLE T O INDEPENDENT REPAIR 21 | |
| 262 | - | PROVIDERS AND OWNERS THROUGH APPROPRIATE SECURE RELEASE SYSTE MS. 22 | |
| 208 | + | 14–5002. 16 | |
| 263 | 209 | ||
| 264 | - | (C) (D) (1) THE REQUIREMENTS OF S UBSECTION (A) (B) OF THIS 23 | |
| 265 | - | SECTION DO NOT APPLY TO: 24 | |
| 210 | + | (A) EXCEPT AS PROVIDE D IN SUBSECTION (C) OF THIS SECTION , TO 17 | |
| 211 | + | PROVIDE SERVICES FOR EQUIPMENT IN THE STATE, A MANUFACTURER SHALL , ON 18 | |
| 212 | + | FAIR AND REASONABLE TERMS AND COSTS , MAKE AVAILABLE TO AN INDEPENDENT 19 | |
| 213 | + | REPAIR PROVIDER OR O WNER OF THE MANUFACT URER’S EQUIPMENT ANY 20 | |
| 214 | + | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS THAT ARE 21 | |
| 215 | + | INTENDED FOR USE WIT H THE EQUIPMENT OR A NY PART, INCLUDING UPDATES TO 22 | |
| 216 | + | DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR TOOLS. 23 | |
| 266 | 217 | ||
| 267 | - | (I) A PART THAT IS NO LONG ER AVAILABLE TO THE ORIGINAL 25 | |
| 268 | - | MANUFACTURER ; AND 26 | |
| 218 | + | (B) (1) FOR EQUIPMENT THAT CO NTAINS AN ELECTRIC S ECURITY LOCK 24 | |
| 219 | + | OR OTHER SECURITY –RELATED FUNCTIONS , A MANUFACTURER SHALL , ON FAIR AND 25 | |
| 220 | + | REASONABLE TERMS AND COSTS, MAKE AVAILABLE TO INDEPENDENT REPAIR 26 | |
| 221 | + | PROVIDERS ANY DOCUMENTATION , PARTS, EMBEDDED SOFTWARE , FIRMWARE, OR 27 | |
| 222 | + | TOOLS NEEDED TO RESE T THE LOCK OR FUNCTI ON WHEN DISABLED IN THE COURSE 28 | |
| 223 | + | OF PROVIDING SERVICE S. 29 | |
| 269 | 224 | ||
| 270 | - | (II) CONDUCT THAT WOULD RE QUIRE THE MANUFACTUR ER TO 27 | |
| 271 | - | DIVULGE A TRADE SECR ET, UNLESS COMPLIANCE WI TH SUBSECTION (A) (B) OF THIS 28 | |
| 272 | - | SECTION IS NECESSARY TO PROVIDE SERVICES ON THE GROU NDS THAT THE 29 | |
| 273 | - | DOCUMENTATION , PART, EMBEDDED SOFTWARE , FIRMWARE, OR TOOL IS ITSELF A 30 | |
| 274 | - | TRADE SECRET . 31 | |
| 225 | + | (2) THE MANUFACTURER MAY MAKE THE DOCUMENTATI ON, PARTS, 30 | |
| 226 | + | EMBEDDED SOFTWA RE, FIRMWARE, OR TOOLS AVAILABLE T O INDEPENDENT REPAIR 31 | |
| 227 | + | PROVIDERS AND OWNERS THROUGH APPROPRIATE SECURE RELEASE SYSTE MS. 32 | |
| 275 | 228 | ||
| 276 | - | (2) A MANUFACTURER MAY MAK E REDACTIONS TO REMO VE TRADE 32 | |
| 277 | - | SECRETS FROM THE DOC UMENTATION BEFORE PR OVIDING THE DOCUMENT ATION 33 SENATE BILL 382 7 | |
| 229 | + | (C) (1) THE REQUIREMENTS OF S UBSECTION (A) OF THIS SECTION DO 33 6 SENATE BILL 382 | |
| 278 | 230 | ||
| 279 | 231 | ||
| 280 | - | IF THE USABILITY OF THE REDACTED DOCUMEN TATION IS NOT DIMINI SHED FOR 1 | |
| 281 | - | PURPOSES OF PROVIDIN G SERVICES. 2 | |
| 232 | + | NOT APPLY TO: 1 | |
| 282 | 233 | ||
| 283 | - | (D) (E) A MANUFACTURER IS NOT LIABLE FOR FAULTY OR IMPROPER 3 | |
| 284 | - | REPAIRS PROVIDED BY INDEPENDENT REPAIR P ROVIDERS OR OWNERS , INCLUDING 4 | |
| 285 | - | FAULTY OR IMPROPE R REPAIRS THAT CAUSE : 5 | |
| 234 | + | (I) A PART THAT IS NO LONG ER AVAILABLE TO THE ORIGINAL 2 | |
| 235 | + | MANUFACTURER ; AND 3 | |
| 286 | 236 | ||
| 287 | - | (1) DAMAGE TO EQUIPMENT T HAT OCCURS DURING TH E REPAIRS; 6 | |
| 237 | + | (II) CONDUCT THAT WOULD RE QUIRE THE MANUFACTUR ER TO 4 | |
| 238 | + | DIVULGE A TRADE SECR ET, UNLESS COMPLIANCE WI TH SUBSECTION (A) OF THIS 5 | |
| 239 | + | SECTION IS NECESSARY TO PROVIDE SERVICES ON THE GROUNDS THAT THE 6 | |
| 240 | + | DOCUMENTATION , PART, EMBEDDED SOFTWARE , FIRMWARE, OR TOOL IS ITSELF A 7 | |
| 241 | + | TRADE SECRET . 8 | |
| 288 | 242 | ||
| 289 | - | (2) ANY DIRECT , INCIDENTAL, SPECIAL, OR CONSEQUENTIAL 7 | |
| 290 | - | DAMAGES; OR 8 | |
| 243 | + | (2) A MANUFACTURER MAY MAK E REDACTIONS TO REMO VE TRADE 9 | |
| 244 | + | SECRETS FROM THE DOC UMENTATION BEFORE PROVIDING THE DOCUMENTATION 10 | |
| 245 | + | IF THE USABILITY OF THE REDACTED DOCUMEN TATION IS NOT DIMINI SHED FOR 11 | |
| 246 | + | PURPOSES OF PROVIDIN G SERVICES. 12 | |
| 291 | 247 | ||
| 292 | - | (3) AN INABILITY TO USE , OR A REDUCED FUNCTIO NALITY OF, 9 | |
| 293 | - | EQUIPMENT THAT RESUL TS FROM THE FAULTY O R IMPROPER REPAIR . 10 | |
| 248 | + | (D) A MANUFACTURER IS NOT LIABLE FOR FAULTY OR IMPROPER REPAIRS 13 | |
| 249 | + | PROVIDED BY INDEPEND ENT REPAIR PROVIDERS OR OWNERS, INCLUDING FAULTY 14 | |
| 250 | + | OR IMPROPER REPAIRS THAT CAUSE: 15 | |
| 294 | 251 | ||
| 295 | - | ||
| 252 | + | (1) DAMAGE TO EQUIPMENT T HAT OCCUR S DURING THE REPAIRS; 16 | |
| 296 | 253 | ||
| 297 | - | (A) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO: 12 | |
| 254 | + | (2) ANY DIRECT , INCIDENTAL, SPECIAL, OR CONSEQUENTIAL 17 | |
| 255 | + | DAMAGES; OR 18 | |
| 298 | 256 | ||
| 299 | - | ( | |
| 300 | - | ||
| 257 | + | (3) AN INABILITY TO USE , OR A REDUCED FUNCTIO NALITY OF, 19 | |
| 258 | + | EQUIPMENT THAT RESULTS FROM THE FAU LTY OR IMPROPER REPA IR. 20 | |
| 301 | 259 | ||
| 302 | - | (2) REQUIRE A MANUFACTURE R TO PROVIDE AN INDE PENDENT 15 | |
| 303 | - | REPAIR PROVIDER OR O WNER ACCESS TO INFOR MATION, OTHER THAN 16 | |
| 304 | - | DOCUMENTATION NECESS ARY FOR COMPLIANCE W ITH THIS SUBTITLE , THAT THE 17 | |
| 305 | - | MANUFACTURER PROVIDE S TO AN AUTHORIZED R EPAIR PROVIDER UNDER A 18 | |
| 306 | - | CONTRACT OR OTHER AR RANGEMENT . 19 | |
| 260 | + | 14–5003. 21 | |
| 307 | 261 | ||
| 308 | - | (B) THE REQUIREMENTS AND REMEDIES PROVIDED UN DER THIS SUBTITLE 20 | |
| 309 | - | MAY NOT BE WAIV ED OR LIMITED BY A C ONTRACT OR OTHER ARR ANGEMENT. 21 | |
| 262 | + | (A) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO : 22 | |
| 310 | 263 | ||
| 311 | - | 14–5004. 22 | |
| 264 | + | (1) LIMIT THE LIABILITY O F A PERSON UNDER A PRODUCTS LIABILITY 23 | |
| 265 | + | CLAIM; OR 24 | |
| 312 | 266 | ||
| 313 | - | A VIOLATION OF THIS SU BTITLE IS: 23 | |
| 267 | + | (2) REQUIRE A MANUFACTURE R TO PROVIDE AN INDE PENDENT 25 | |
| 268 | + | REPAIR PROVIDER OR OWNER ACCESS TO INFO RMATION, OTHER THAN 26 | |
| 269 | + | DOCUMENTATION NECESSARY FOR COMPLI ANCE WITH THIS SUBTI TLE, THAT THE 27 | |
| 270 | + | MANUFACTURER PROVIDE S TO AN AUTHORIZED R EPAIR PROVIDER UNDER A 28 | |
| 271 | + | CONTRACT OR OTHER AR RANGEMENT. 29 | |
| 314 | 272 | ||
| 315 | - | (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 24 | |
| 316 | - | THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 25 | |
| 317 | - | ||
| 318 | - | (2) SUBJECT TO THE ENFORC EMENT AND PENALTY PROVISIONS 26 | |
| 319 | - | CONTAINED IN TITLE 13 OF THIS ARTICLE. 27 | |
| 320 | - | ||
| 321 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28 | |
| 322 | - | apply only prospectively and may not be applied or interpreted to have any effect on or 29 | |
| 323 | - | application to any contract that is executed between an authorized repair provider and a 30 8 SENATE BILL 382 | |
| 324 | - | ||
| 325 | - | ||
| 326 | - | manufacturer, as those terms are defined in § 14–5001 of the Commercial Law Article, as 1 | |
| 327 | - | enacted by Section 1 of this Act, before the effective date of this Act. 2 | |
| 328 | - | ||
| 329 | - | SECTION 3. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 3 | |
| 330 | - | October 1, 2025. 4 | |
| 273 | + | (B) THE REQUIREMENTS AND REMEDIES PROVIDED UN DER THIS SUBTITLE 30 | |
| 274 | + | MAY NOT BE WAIVED OR LIMITED BY A CONTRACT OR OTHER AR RANGEMENT . 31 SENATE BILL 382 7 | |
| 331 | 275 | ||
| 332 | 276 | ||
| 333 | 277 | ||
| 278 | + | 14–5004. 1 | |
| 334 | 279 | ||
| 335 | - | Approved: | |
| 336 | - | ________________________________________________________________________________ | |
| 337 | - | Governor. | |
| 338 | - | ________________________________________________________________________________ | |
| 339 | - | President of the Senate. | |
| 340 | - | ________________________________________________________________________________ | |
| 341 | - | Speaker of the House of Delegates. | |
| 280 | + | A VIOLATION OF THIS SU BTITLE IS: 2 | |
| 281 | + | ||
| 282 | + | (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 3 | |
| 283 | + | THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 4 | |
| 284 | + | ||
| 285 | + | (2) SUBJECT TO THE ENFORCEMENT AND PENA LTY PROVISIONS 5 | |
| 286 | + | CONTAINED IN TITLE 13 OF THIS ARTICLE. 6 | |
| 287 | + | ||
| 288 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 7 | |
| 289 | + | apply only prospectively and may not be applied or interpreted to have any effect on or 8 | |
| 290 | + | application to any contract that is executed between an authorized repair provider and a 9 | |
| 291 | + | manufacturer, as those terms are defined in § 14–5001 of the Commercial Law Article, as 10 | |
| 292 | + | enacted by Section 1 of this Act, before the effective date of this Act. 11 | |
| 293 | + | ||
| 294 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 | |
| 295 | + | October 1, 2025. 13 |