As Introduced
136th General Assembly
Regular Session S. B. No. 176
2025-2026
Senator Blessing
To enact sections 1350.01, 1350.011, 1350.02,
1350.03, 1350.04, and 1350.05 of the Revised
Code to enact the Digital Fair Repair Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1350.01, 1350.011, 1350.02,
1350.03, 1350.04, and 1350.05 of the Revised Code be enacted to
read as follows:
Sec. 1350.01. As used in this chapter:
(A)(1) "Authorized repair provider" means a person that
has an arrangement with the original equipment manufacturer
under which the original equipment manufacturer grants to the
person a license to use a trade name, service mark, or other
proprietary identifier for the purposes of offering diagnosis,
maintenance, or repair of digital electronic equipment under the
name of the original equipment manufacturer, or other
arrangement with the original equipment manufacturer to offer
such services on behalf of the original equipment manufacturer.
(2) "Authorized repair provider" includes an original
equipment manufacturer that offers the services of diagnosis,
maintenance, or repair of its own digital electronic equipment.
(B) "Board-level component" means any electrical part
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attached to a circuit board, such as microchips, sensors,
transistors, and capacitors.
(C) "Diagnosis" means the process of identifying any
issues that cause digital electronic equipment or parts for such
equipment to not be in fully working order.
(D)(1) "Digital electronic equipment" means any product
that has a value over ten dollars, adjusted annually in the
manner described in section 1350.011 of the Revised Code, that
depends for its functioning, in whole or in part, on digital
electronics embedded in or attached to the product.
(2) "Digital electronic equipment" does not include any of
the following:
(a) A motor vehicle, utility vehicle, low-speed vehicle,
or under-speed vehicle, as defined in section 4501.01 of the
Revised Code;
(b) An all-purpose vehicle, as defined in section 4519.01
of the Revised Code;
(c) A watercraft, as defined by section 1546.01 of the
Revised Code;
(d) An aircraft, as defined in section 4561.01 of the
Revised Code, an unmanned aerial vehicle system, as defined in
section 4561.50 of the Revised Code, or a satellite;
(e) A medical device;
(f) Construction equipment, as defined in section 1353.01
of the Revised Code, including industrial, compact construction,
mining, or road-building equipment;
(g) A product purchased, installed, and maintained by a
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public utility, as defined in section 4905.02 of the Revised
Code;
(h) Safety communications equipment, for which the
intended use is emergency response or prevention purposes by an
emergency response organization, such as fire and rescue
services, law enforcement, or emergency medical services;
(i) A device, such as a set-top box, modem, or all-in-one
device, that is distributed by a cable service provider, as
defined by section 1332.01 of the Revised Code, or a
telecommunications carrier, as defined by the
"Telecommunications Act of 1996," 47 U.S.C. 153, and delivers
internet, video, or voice services to a customer, if the service
provider offers equivalent or better, readily available
replacement equipment at no charge to the customer;
(j) Fire alarm systems, intrusion detection equipment that
is provided with a security monitoring service, life safety
systems, and physical access control equipment, including
electronic keypads and similar building access control
electronics.
(E) "Documentation" means any manual, diagram, reporting
output, service code description, schematic, security code,
password, or other guidance or information used in effecting the
services of diagnosis, maintenance, or repair of digital
electronic equipment or parts for such equipment.
(F) "Fair and reasonable terms" means making available
parts, tools, or documentation that satisfy the conditions set
forth in section 1350.03 of the Revised Code.
(G) "Independent repair provider" means a person in this
state that does not have an authorized repair provider
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arrangement described in division (A) of this section and that
is engaged in the services of diagnosis, maintenance, or repair
of digital electronic equipment.
(H) "Maintenance" means any act necessary to keep
currently working digital electronic equipment or parts for such
equipment in fully working order.
(I) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, or other similar or
related article, including any component, part, or accessory,
that is intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or prevention
of disease, in humans or animals. "Medical device" does not
include general wellness products intended to maintain or
encourage a healthy lifestyle and that are unrelated to the
diagnosis, cure, mitigation, prevention, or treatment of a
disease or condition.
(J) "Modifications" or "modify" means any alteration to
digital electronic equipment that is not maintenance and not a
repair.
(K) "Original equipment manufacturer" means a person that,
in the normal course of business, is engaged in the business of
selling, leasing, or otherwise supplying digital electronic
equipment manufactured by or on behalf of itself, to any person.
(L) "Owner" means a person that owns or leases digital
electronic equipment purchased or used in this state.
(M) "Part" means any piece or component, including board-
level components, that is essential to the full functionality of
digital electronic equipment, including any auxiliary
attachments that improve the performance, safety, operation, or
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efficiency of such equipment.
(N) "Parts pairing" means any practice by a product
manufacturer of using software to identify component parts
through a unique identifier.
(O) "Repair" means any act needed to restore digital
electronic equipment or parts for such equipment to fully
working order.
(P) "Tool" means any software program, hardware implement,
or other apparatus used for diagnosis, maintenance, or repair of
digital electronic equipment or parts for such equipment.
"Tool" includes software or other mechanisms that provide,
program, or pair a part; calibrate functionality; or perform any
other function required to bring the equipment or part back to a
fully functional condition, including any updates.
Sec. 1350.011. In November, or as soon as practicable
thereafter, each year that begins after the effective date of
this section, the director of commerce shall increase or
decrease the value threshold above which a product may qualify
as digital electronic equipment by multiplying the value
threshold that applies for that year by the cumulative
percentage change in the consumer price index (all items, all
urban consumers) prepared by the bureau of labor statistics of
the United States department of labor for the twelve-month
period ending on the immediately preceding thirtieth day of
September. The amount resulting from the computation, rounded to
the nearest one cent, applies to the following calendar year.
The director shall publish on a web site maintained by the
department of commerce the adjusted amount and the dates to
which that amount applies.
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Sec. 1350.02. (A)(1) For digital electronic equipment and
parts sold or used in this state, an original equipment
manufacturer shall make available for purposes of diagnosis,
maintenance, or repair any documentation, parts, and tools,
including any updates to information or embedded software, to
both of the following on fair and reasonable terms:
(a) Any independent repair provider;
(b) The owner of digital electronic equipment manufactured
by or on behalf of, or sold or otherwise supplied by, the
original equipment manufacturer.
(2) Nothing in division (A)(1) of this section requires an
original equipment manufacturer to make available a part that is
no longer available to the original equipment manufacturer.
(3) The documentation, parts, and tools described in
division (A)(1) of this section shall be made available either
directly by the original equipment manufacturer or by an
authorized repair provider.
(B) For digital electronic equipment that contains an
electronic security lock or other security-related function, the
original equipment manufacturer shall make available to the
owner and to independent repair providers, on fair and
reasonable terms, any special documentation, tools, and parts
needed to disable the lock or function, and to reset it when
disabled in the course of diagnosis, maintenance, or repair of
the digital electronic equipment. Such documentation, tools, and
parts may be made available by means of an appropriate secure
system.
(C) An original equipment manufacturer shall not use parts
pairing or any other mechanism to do either of the following:
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(1) Prevent the installation or functioning of any
otherwise-functional part, including a non-manufacturer approved
replacement part or component;
(2) Inhibit or reduce the functioning of any part or
board-level component, such that replacement by an independent
repair provider or the device owner would cause the device to
operate with reduced functionality or performance.
Sec. 1350.03. (A) With respect to documentation required
to be made available under section 1350.02 of the Revised Code,
the original equipment manufacturer shall make such
documentation available at no charge, except that, when the
documentation is requested in physical printed form, the
original equipment manufacturer may charge for the reasonable,
actual costs of preparing and sending the documentation.
(B) With respect to tools required to be made available
under section 1350.02 of the Revised Code, the original
equipment manufacturer shall make such tools available, as
follows:
(1) At no charge, except that, when the tool is requested
in physical form, the original equipment manufacturer may charge
for the reasonable, actual costs of preparing and sending the
tool;
(2) Without requiring authorization or internet access for
use or operation of the tool;
(3) Without imposing impediments to the access or use of
the tool to diagnose, maintain, or repair and enable full
functionality of digital electronic equipment or parts for such
equipment;
(4) Without impairing the efficient and cost-effective
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performance of any such diagnosis, maintenance, or repair.
(C) With respect to parts required to be made available
under section 1350.02 of the Revised Code, the original
equipment manufacturer shall make such parts available, either
directly or through an authorized repair provider, to
independent repair providers and owners at costs and terms that
are equivalent to the most favorable costs and terms under which
an original equipment manufacturer offers the part to an
authorized repair provider, provided such costs and terms:
(1) Account for any discount, rebate, convenient and
timely means of delivery, means of enabling fully restored and
updated functionality, right of use, or other incentive or
preference the original equipment manufacturer offers to an
authorized repair provider;
(2) Account for any reasonable, actual costs, burdens, or
impediments the original equipment manufacturer incurs to
provide the part to the owner or to an independent repair
provider;
(3) Exclude any condition or substantial obligation or
restriction that is not reasonably necessary for enabling the
owner or independent repair provider to engage in the diagnosis,
maintenance, or repair of the digital electronic equipment made
by or on behalf of the original equipment manufacturer;
(4) Not be conditioned on an arrangement described in
division (A) of section 1350.01 of the Revised Code.
Sec. 1350.04. (A) Subject to division (B) of this section,
a violation of section 1350.02 of the Revised Code is an unfair
or deceptive act or practice in violation of section 1345.02 of
the Revised Code. A person injured by a violation of section
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1350.02 of the Revised Code has a cause of action and is
entitled to the same relief available to a consumer under
section 1345.09 of the Revised Code. All powers and remedies
available to the attorney general to enforce sections 1345.01 to
1345.13 of the Revised Code are available to the attorney
general to enforce section 1350.02 of the Revised Code.
(B) No original equipment manufacturer or authorized
repair provider shall be liable for any damage or injury caused
to any digital electronic equipment by an independent repair
provider or owner that occurs during the course of repair,
diagnosis, maintenance, or modification of the digital
electronic equipment, including:
(1) Indirect, incidental, special, or consequential
damages;
(2) Loss of data, privacy, or profits;
(3) Inability to use, or reduced functionality of, the
digital electronic equipment.
Sec. 1350.05. (A) Nothing in this chapter shall be
construed to require an original equipment manufacturer to
divulge a trade secret to any owner or independent service
provider except as necessary to provide documentation, parts,
and tools on fair and reasonable terms.
(B)(1) Except as provided in division (B)(2) of this
section, nothing in this chapter shall be construed to alter the
terms of any authorized repair provider arrangement described in
division (A) of section 1350.01 of the Revised Code in force
between an authorized repair provider and an original equipment
manufacturer, including the performance or provision of warranty
or recall repair work by an authorized repair provider on behalf
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of an original equipment manufacturer pursuant to such
arrangement.
(2) Any provision in the terms of an authorized repair
provider arrangement described in division (A) of section
1350.01 of the Revised Code that waives, avoids, restricts, or
limits the original equipment manufacturer's obligations to
comply with this chapter is void and unenforceable.
(C) Nothing in this chapter shall be construed to require
an original equipment manufacturer or an authorized repair
provider to provide to any owner or independent repair provider
access to information, other than documentation, that is
provided by the original equipment manufacturer to an authorized
repair provider pursuant to the terms of an arrangement
described in division (A) of section 1350.01 of the Revised
Code.
(D) Nothing in this chapter shall be construed to require
an original equipment manufacturer or authorized repair provider
to make available any parts, tools, or documentation for the
purposes of modifying or making modifications to any digital
electronic equipment.
(E) Nothing in this chapter shall be construed to require
an original manufacturer to make available special
documentation, tools, parts, or other devices or implements that
would disable or override, without an owner's authorization,
anti-theft, privacy, or security measures that the owner
activates for digital electronic equipment.
(F) Nothing in this chapter shall be construed to require
an original equipment manufacturer or authorized repair provider
to make available any parts, tools, or documentation required
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for the diagnosis, maintenance, or repair of digital electronic
equipment in a manner that is inconsistent with or in violation
of any federal law.
(G) Nothing in this chapter applies to a motor vehicle
manufacturer, manufacturer of motor vehicle equipment, or motor
vehicle dealer acting in that capacity, or to any product or
service of a motor vehicle manufacturer, manufacturer of motor
vehicle equipment, or motor vehicle dealer acting in that
capacity.
(H) Nothing in this chapter applies to a medical device or
other digital electronic products found in a medical setting
that are primarily and customarily used in the cure, mitigation,
treatment, or prevention of disease in humans or animals and
that are generally not useful for other purposes.
(I) Nothing in this chapter applies to a manufacturer or
dealer of farming or forestry equipment acting in that capacity,
or to any product or service of a manufacturer or dealer of
farming or forestry equipment acting in that capacity.
(J) This chapter applies after the one hundred twentieth
day following the effective date of this section.
Section 2. Chapter 1350. of the Revised Code may be cited
as the "Digital Fair Repair Act."
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