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SENATE BILL 69
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Harold Pope
AN ACT
RELATING TO UNFAIR TRADE PRACTICES; ENACTING THE RIGHT TO
REPAIR CONSUMER ELECTRONICS ACT; PROVIDING POWERS AND DUTIES;
SPECIFYING ORIGINAL EQUIPMENT MANUFACTURER OBLIGATIONS;
SPECIFYING REPAIR PROVIDER DUTIES; ESTABLISHING PROCEDURES FOR
DETERMINING VIOLATIONS OF THE RIGHT TO REPAIR CONSUMER
ELECTRONICS ACT; PRESCRIBING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Right to Repair Consumer Electronics Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Right to Repair Consumer Electronics Act:
A. "authorized service provider" means a person
that has an arrangement with an original equipment manufacturer
pursuant to which the original equipment manufacturer grants to
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the person a license to use a trade name, service mark or other
proprietary identifier when offering to diagnose, maintain or
repair equipment in the name of or on behalf of the original
equipment manufacturer. "Authorized service provider" includes
an original equipment manufacturer that offers the services of
diagnosis, maintenance or repair of its own equipment;
B. "certifying entity" means a person that engages
in evaluating and certifying the technical capabilities and
competence of independent repair providers in accordance with
standards that the certifying entity or an original equipment
manufacturer specifies;
C. "consumer electronic equipment" means a product
that:
(1) is tangible personal property;
(2) functions, in whole or in part, on the
basis of digital electronics that are embedded within or
attached to the product;
(3) is generally used for personal, family or
household purposes;
(4) is sold, used or supplied in New Mexico;
and
(5) might be, but is not necessarily, capable
of attachment to or installation in real property;
D. "documentation" means a manual, diagram,
reporting output, service code description, schematic diagram,
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security code, password or other guidance or information that
enables a person to diagnose, maintain or repair consumer
electronic equipment;
E. "independent repair provider" means a person
that engages in the business of diagnosing, maintaining or
repairing consumer electronic equipment in New Mexico but is
not an authorized service provider and that possesses a valid
and unexpired certification from a certifying entity;
F. "medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent or
other similar or related article, including a component, part
or accessory, that is:
(1) recognized in an official compendium;
(2) intended for use in the diagnosis of
disease or other conditions or in the cure, mitigation,
treatment or prevention of disease in humans or other animals;
or
(3) intended to affect the structure or a
function of the human body or the bodies of other animals and
that does not achieve its principal intended purposes through
chemical action within or on the human body or the bodies of
other animals and that is not dependent on being metabolized
for achievement of its principal intended purposes;
G. "original equipment manufacturer" means a person
engaged in the business of selling, leasing or otherwise
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supplying new consumer electronic equipment manufactured by or
on behalf of itself;
H. "owner" means a person that owns or leases
consumer electronic equipment purchased or used in New Mexico;
I. "part" means a new or used replacement component
for consumer electronic equipment made available for the
purpose of maintaining or repairing consumer electronic
equipment;
J. "parts pairing" means an original equipment
manufacturer's practice of using software to identify component
parts through a unique identifier;
K. "repair certification" means evidence that an
independent repair provider has the technical and financial
capability and competence necessary to repair consumer
electronic equipment;
L. "tool" means software, a hardware implement or
an apparatus by means of which a person can diagnose, maintain
or repair consumer electronic equipment, including software, or
a mechanism that provisions, programs or pairs a new part;
M. "trade secret" means all forms and types of
financial, business, scientific, technical, economic or
engineering information, including patterns, plans,
compilations, program devices, formulas, designs, prototypes,
methods, techniques, processes, procedures, programs or codes,
whether tangible or intangible, and whether or how stored,
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compiled or memorialized physically, electronically,
graphically, photographically or in writing if:
(1) the owner of the information has taken
reasonable measures to keep the information secret; and
(2) the information derives independent
economic value, actual or potential, from not being generally
known to, and not being readily ascertainable through proper
means by, another person who can obtain economic value from the
disclosure or use of the information; and
N. "video game console" means a computing device
and its components and peripherals that is intended primarily
for interactive video games. "Video game console" does not
include a general purpose personal computer that has the
capability to run video games alongside other computing
functions.
SECTION 3. [NEW MATERIAL] ORIGINAL EQUIPMENT
MANUFACTURER'S OBLIGATIONS REGARDING REPAIR SERVICES.--
A. An original equipment manufacturer shall make
available to an owner or an independent repair provider on fair
and reasonable terms all documentation, tools or parts that the
original equipment manufacturer makes available to an
authorized service provider to diagnose, maintain or repair
consumer electronic equipment that the original equipment
manufacturer makes or sells and that is sold or used in this
state.
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B. For consumer electronic equipment that is
manufactured, sold or used in New Mexico after January 1, 2026,
an original equipment manufacturer shall not use parts pairing
to:
(1) prevent or inhibit an owner or independent
repair provider from installing or enabling the function of an
otherwise functional part or a component of consumer electronic
equipment;
(2) reduce the functionality or performance of
consumer electronic equipment; or
(3) cause consumer electronic equipment to
display misleading alerts or warnings about unidentified parts
that the owner or independent repair provider cannot
immediately dismiss.
SECTION 4. [NEW MATERIAL] FAIR AND REASONABLE TERMS AND
COSTS REQUIRED FOR DOCUMENTATION, TOOLS AND PARTS.--
Documentation, tools and parts provided by an original
equipment manufacturer shall be offered at fair and reasonable
terms and costs. The original equipment manufacturer shall:
A. make documentation available at no charge,
except that the original equipment manufacturer may charge for
the reasonable and actual costs of preparing, printing and
sending all documentation that is requested;
B. make tools used to diagnose, maintain or repair
consumer electronic equipment available at no charge and
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without impeding access to the tools or the efficient and
cost-effective use of the tools, except that the original
equipment manufacturer may charge for the reasonable and actual
costs of preparing and shipping physical tools;
C. make parts available directly or through an
authorized service provider to an owner or independent repair
provider at costs and on terms that are equivalent to the most
favorable costs and terms at which the original equipment
manufacturer offers the parts to an authorized service provider
and that:
(1) accounts for a discount, rebate,
convenient means of delivery, means of enabling fully restored
and updated functionality, rights of use or other incentive or
preference the original equipment manufacturer offers to an
authorized service provider or that imposes an additional cost,
burden or impediment on an owner or independent repair provider
that the original equipment manufacturer also imposes on an
authorized service provider;
(2) does not impose a substantial condition,
obligation or restriction that is not reasonably necessary to
enable an owner or independent repair provider to diagnose,
maintain and repair consumer electronic equipment that the
original equipment manufacturer makes or sells; and
(3) does not require an owner or independent
repair provider to become an authorized service provider; and
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D. make parts available directly or through
authorized service providers for sale to owners and independent
repair providers without:
(1) imposing allocation limitations or
advertising restrictions on the authorized service provider as
retaliation or as a means of hindering the sale of parts; or
(2) imposing a substantial condition,
obligation or restriction not reasonably necessary to enable an
owner or independent repair provider to diagnose, maintain or
repair consumer electronic equipment that the original
equipment manufacturer makes or sells.
SECTION 5. [NEW MATERIAL] LIMITATIONS OF ACT.--The Right
to Repair Consumer Electronics Act does not:
A. require an original equipment manufacturer to
disclose a trade secret or license intellectual property,
including copyrights or patents, to an independent repair
provider or an owner except as necessary to provide on fair and
reasonable terms all documentation, tools or parts used to
diagnose, maintain or repair consumer electronic equipment;
B. alter the terms of the agreement between an
original equipment manufacturer and an authorized service
provider, including the authorized service provider's
performance or provision of warranty service or recall repair
work on the original equipment manufacturer's behalf pursuant
to the agreement; provided, however, that any provision in the
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agreement that purports to waive, restrict or limit the
original equipment manufacturer's compliance with the Right to
Repair Consumer Electronics Act is void and unenforceable;
C. impose liability on an original equipment
manufacturer for bodily injury or damage to consumer electronic
equipment that an independent repair provider or an owner
causes while diagnosing, maintaining or repairing the consumer
electronic equipment using documentation, tools or parts that
the original equipment manufacturer made available before the
date of the diagnosis, maintenance or repair; provided,
however, that an original equipment manufacturer remains
strictly liable for defects in the design or manufacture of the
consumer electronic equipment;
D. require an original equipment manufacturer to
make available special documentation, tools or parts that would
disable or override, without an owner's authorization, anti-
theft or privacy security measures that the owner sets for
consumer electronic equipment;
E. require an original equipment manufacturer to
provide to an independent repair provider or an owner a part
that the equipment manufacturer no longer makes or no longer
provides to authorized service providers;
F. prohibit parts pairing that reduces the
functionality of a battery if a thermal event occurs; or
G. apply to:
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(1) a person that is engaged in the business
of manufacturing or assembling new motor vehicles or is in the
business of selling or leasing new motor vehicles and offering
the service of diagnosis, maintenance or repair of motor
vehicles or motor vehicle engines pursuant to the terms of a
franchise agreement or to the person's products or services;
(2) a product, service or equipment that:
(a) has never been available for retail
sale to a consumer;
(b) is a medical device or a digital
electronic product, software or control equipment or a related
product manufactured for or service provided 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 health care is provided
by or at the direction of a licensed health care provider or an
emergency medical services facility or for use in diagnosis or
monitoring at a site where health care is routinely delivered
on premises that are not otherwise a health care facility, such
as a medical clinic within a school;
(c) provides heat, ventilation or air
conditioning or recharges refrigerant gases;
(d) is a system, mechanism or series of
mechanisms that generates, stores or combines generation and
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storage of electrical energy from solar radiation;
(e) is a video game console; or
(f) is a system that stores electrical
energy for a period of time and transmits the energy after
storage, that is interconnected with a transmission or
distribution system and that is approved by an electric utility
or located on a customer's side of an electric utility meter in
accordance with an applicable utility tariff or interconnection
agreement;
(3) a vehicle, an engine, equipment or a power
source or a person that engages directly in, or acts for or is
subject to the control of another person that engages directly
in, manufacturing, assembling, distributing, selling, importing
for resale, maintaining, servicing or repairing a vehicle, an
engine, equipment or a power source with the characteristics
of:
(a) an internal combustion engine,
including the engine's fuel system or other power sources such
as an electric battery or a fuel cell, that is not used in a
motor vehicle or in a vehicle used solely for competition or
that is not subject to standards of performance for stationary
sources or emission standards for new motor vehicles or new
motor vehicle engines pursuant to the federal Clean Air Act;
(b) a vehicle or equipment that is not a
motor vehicle or a vehicle used solely for competition and is
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powered by an engine described in Subparagraph (a) of this
paragraph, together with all tools, technology, attachments,
accessories, components or repair parts for the vehicle,
equipment or engine;
(c) an internal combustion engine or
another power source, including an electric battery or a fuel
cell, that is not used in a motor vehicle, in a vehicle used
solely for competition or in a vehicle or equipment described
in Subparagraph (b) of this paragraph or equipment that is
powered by the internal combustion engine or other power
source, together with tools, technology, attachments,
accessories, components or repair parts for the internal
combustion engine, the other power source or the equipment; or
(d) an engine or other power source,
including an electric battery or a fuel cell, that is used for
propulsion or power generation in a maritime environment or a
waterway, together with all tools, technology, attachments,
accessories, components or repair parts for the engine or the
other power source;
(4) a manufacturer, distributor or dealer of
off-road equipment or of tools, technology, attachments,
accessories, components or repair parts for off-road equipment,
including farm and utility tractors; farm implements and
machinery; equipment for forestry, industry, utilities,
construction, mining or maintaining a yard, garden or turf;
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outdoor power equipment and portable generators; vehicles used
in marine environments, for sports, recreation and racing;
all-terrain vehicles; power tools; and stand-alone or
integrated mobile or stationary internal combustion engines or
power sources such as generator sets and battery or fuel cell
power; or
(5) electric toothbrushes.
SECTION 6. [NEW MATERIAL] REPAIR PROVIDER DUTIES.--
A. Before repairing consumer electronic equipment,
an authorized service provider or independent repair provider
shall:
(1) post a notice that:
(a) specifies the steps the provider
takes to ensure the privacy and the security of the customer's
consumer electronic equipment;
(b) informs the customer about the
customer's rights to privacy pursuant to the laws of this
state; and
(c) informs the customer about all
potential safety concerns about the parts being installed; and
(2) display all of the provider's repair
certifications.
B. Before repairing consumer electronic equipment,
an independent repair provider shall disclose to each customer:
(1) that the independent repair provider is
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not an authorized service provider; and
(2) whether replacement parts the independent
repair provider incorporates into repairs are used replacement
parts or are replacement parts provided by suppliers other than
the original equipment manufacturer.
SECTION 7. [NEW MATERIAL] DETERMINING VIOLATIONS OF THE
RIGHT TO REPAIR CONSUMER ELECTRONICS ACT--PRESCRIBING
PENALTIES.--
A. If the attorney general determines in response
to a complaint from a consumer that a person has or controls
information, documents, physical evidence or other material
that is relevant to an investigation of a violation of the
Right to Repair Consumer Electronics Act, or that could lead to
a discovery of relevant information in an investigation of a
violation of that act, the attorney general may execute and
cause an investigative demand to be served on the person. The
investigative demand may require that the person:
(1) appear and testify under oath at the time
and place stated in the investigative demand;
(2) answer written interrogatories; and
(3) produce relevant information, documents,
physical evidence or other material for examination at the time
and place stated in the investigative demand.
B. An investigative demand pursuant to this section
shall be served and enforced as provided in Section 57-12-12
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NMSA 1978. Within the earlier of the return date specified in
the investigative demand or twenty days after the date on which
the investigative demand was served, a person may petition a
district court of this state to extend the return date or
modify or set aside the investigative demand. The petition
shall state good cause, including all privileged material.
C. Information the attorney general obtains
pursuant to this section that is a trade secret is confidential
and is not subject to public disclosure.
D. If the attorney general finds in response to a
complaint that a person has violated the Right to Repair
Consumer Electronics Act, the attorney general may bring a
civil action in the first judicial district court to:
(1) obtain an injunction to restrain the
violation; or
(2) impose a civil penalty of not more than
one thousand dollars ($1,000) for each day on which the
violation continues.
E. Civil penalties shall be deposited to the credit
of the current school fund as provided in Article 12, Section 4
of the constitution of New Mexico.
SECTION 8. [NEW MATERIAL] ATTORNEY GENERAL REPORT
REQUIRED.--The attorney general shall submit not later than
December 31, 2028 a report to the governor and legislature that
specifies the number and nature of consumer complaints from
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owners and independent repair providers within the previous two
years pertaining to original equipment manufacturers that did
not provide upon request documentation, tools, parts or other
devices or implements necessary to diagnose, maintain or repair
consumer electronic equipment that the original equipment
manufacturer makes or sells.
SECTION 9. APPLICABILITY.--
A. Except as provided in Subsection B of this
section, the provisions of Section 3 of the Right to Repair
Consumer Electronics Act apply to consumer electronic equipment
sold in this state or in use in this state on or after the
effective date of that act.
B. The provisions of Section 3 of the Right to
Repair Consumer Electronics Act do not apply to:
(1) a cell phone that was manufactured for the
first time and first sold or used in this state before July 1,
2021; or
(2) consumer electronic equipment other than a
cell phone that was manufactured for the first time and first
sold or used in this state before July 1, 2015.
SECTION 10. EFFECTIVE DATE FOR ENFORCEMENT ACTIONS BY THE
ATTORNEY GENERAL.--Section 7 of the Right to Repair Consumer
Electronics Act applies to violations of Section 3 of that act
that occur on or after July 1, 2027.
SECTION 11. EFFECTIVE DATE.--The effective date of the
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provisions of this act is July 1, 2025.
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