COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5548H.01I Bill No.:HB 2800 Subject:Business and Commerce Type:Original Date:March 21, 2024Bill Summary:This proposal establishes a right to repair for certain products.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Merchandising
Practices Revolving
Fund (0631)*
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
Total Estimated Net
Effect on Other State
Funds
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
*Oversight assumes the amount collected into the Merchandising Practices Revolving Fund
would not reach the $250,000 threshold.
Numbers within parentheses: () indicate costs or losses. L.R. No. 5548H.01I
Bill No. HB 2800
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on FTE 0 0 0
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Local Government$0 $0 $0 L.R. No. 5548H.01I
Bill No. HB 2800
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the State Courts Administrator assume the proposal will have no
fiscal impact on the judiciary.
Officials from the Attorney General’s Office (AGO) did not respond to our request for fiscal
impact. However, in response to a similar proposal (SB 554 - 2023), officials from the AGO
assumed any potential litigation costs arising from this proposal may be absorbed with existing
resources. Because the volume of the litigation is unknown, the cost is also unknown. The AGO
may seek additional appropriations if the proposal results in a significant increase in litigation.
Oversight assumes the proposal would not have a material fiscal impact on the Office of the
State Courts Administrator or the Attorney General’s Office.
Oversight notes subsection 407.645.4 states violations of this section is an unlawful practice
under sections 407.010 to 407.130 of the merchandising practices act. Oversight assumes if the
AGO collects fines for violations of this new proposal, collections would be deposited into the
state’s Merchandising Practices Revolving Fund. Oversight will reflect a $0 or Unknown
amount – but assume the total would not reach the $250,000 threshold.
FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027MERCHANDISNG PRACTICES
REVOLVING (0631)
AGO – Potential increase in judgement
collections for right to repair
motorcycles §407.645
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
ESTIMATED NET EFFECT TO
THE MERCHANDISNG
PRACTICES REVOLVING (0631)
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown L.R. No. 5548H.01I
Bill No. HB 2800
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FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027$0$0$0
FISCAL IMPACT – Small Business
Small repair businesses or small businesses that need repair work completed could be impacted
by this proposal.
FISCAL DESCRIPTION
This bill requires that an original equipment manufacturer of motorcycles and parts for
motorcycles make available, on fair and reasonable terms, to any independent repair provider or
owner of a motorcycle any documentation, parts, and tools required to diagnose, maintain, or
repair the motorcycle.
For equipment that contains a motorcycle security lock or other security-related function, the
original equipment manufacturer must make available any special documentation, tools, and
parts needed to access and reset the lock or function when disabled. With respect to equipment
that contains an electronic security lock or other security-related function, a manufacturer must
make available any documentation, parts, embedded software, firmware, or tools, or data needed
to reset the lock or function when disabled in the course of providing services.
A violation is considered an unlawful practice under the Merchandising Practices Act.
The bill does not require the divulgence of a trade secret or alter the terms of any arrangement
between an authorized repair provider and an original equipment manufacturer. The
manufacturer is not required to make available special documentation, tools, and parts that would
disable or override antitheft security measures set by the owner of the product without the
owner's authorization. No original equipment manufacturer or authorized repair provider is liable
for any damage or injury caused to any motorcycle by an independent repair provider or owner
which occurs during the course of repair, diagnosis, or maintenance.
The provisions of the bill apply to motorcycles sold or in use on or after January 1, 2025.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 5548H.01I
Bill No. HB 2800
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SOURCES OF INFORMATION
Office of the State Courts Administrator
Attorney General’s Office
Julie MorffRoss StropeDirectorAssistant DirectorMarch 21, 2024March 21, 2024