Rhode Island 2025 Regular Session

Rhode Island House Bill H5017 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5017
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7	7	LC000432
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
16	16	CONSUMER ENFORCEMENT OF ASSISTIVE TECHNOLOGY DEVICE WARRANTI ES
17	17	Introduced By: Representatives Diaz, Kislak, Bennett, Edwards, Giraldo, Shallcross
18	18	Smith, Ajello, and Fogarty
19	19	Date Introduced: January 10, 2025
20	20	Referred To: House Corporations
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Chapter 6-45 of the General Laws entitled "Consumer Enforcement of 1
25	25	Assistive Technology Device Warranties" is hereby amended by adding thereto the following 2
26	26	section: 3
27	27	6-45-9. Consumer wheelchair right to repair. 4
28	28	(a) For the purpose of providing service and repair of equipment specified in subsection 5
29	29	(h) of this section, an original equipment manufacturer shall, with fair and reasonable terms and 6
30	30	costs, make available to an independent repair provider or owner of the manufacturer's equipment 7
31	31	in this state, any documentation, parts, embedded software, firmware, or tools that are intended for 8
32	32	use with the equipment or any part, including updates to documentation, parts, embedded software, 9
33	33	firmware, or tools. 10
34	34	(b) An original equipment manufacturer shall not use parts pairing or any other mechanism 11
35	35	to: 12
36	36	(1) Prevent the installation or functioning of any otherwise-functional part, including a 13
37	37	non-manufacturer approved replacement part or component; 14
38	38	(2) Inhibit or reduce the functioning of any part, so that replacement by an independent 15
39	39	repair provider or the device owner would cause the device to operate with reduced functionality 16
40	40	or performance; 17
41	41	(3) Create false, misleading, deceptive, or non-dismissible alerts or warnings about parts; 18
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45	45	(4) Charge additional fees or increased prices for future repairs; or 1
46	46	(5) Limit who can purchase parts or perform repair services. 2
47	47	(c) As used in this section, "on fair and reasonable terms" means: 3
48	48	(1) At costs and terms that are equivalent to the most favorable costs and terms under which 4
49	49	an original equipment manufacturer offers to an authorized repair provider, accounting for any 5
50	50	discount, rebate, convenient and timely means of delivery, means of enabling fully restored and 6
51	51	updated functionality, rights of use, or other incentive and preference the original manufacturer 7
52	52	offers to an authorized repair provider, or any additional cost, burden, or impediment the original 8
53	53	equipment manufacturer imposes on an owner or independent repair provider. 9
54	54	(2) With respect to documentation, the documentation shall be made available by the 10
55	55	original equipment manufacturer at no charge, except that, when the documentation is requested in 11
56	56	physical printed form, a charge may be included for the reasonable actual costs of preparing and 12
57	57	sending the copy. 13
58	58	(3) With respect to tools, the tools shall be made available by the original equipment 14
59	59	manufacturer at no charge, unless the tool is requested in physical form. 15
60	60	(d) Except as provided in subsection (e) of this section, a violation of the provisions of this 16
61	61	section shall constitute a deceptive trade practice in violation of the provisions of chapter 13.1 of 17
62	62	title 6 and the attorney general acting in the name of the state may petition for recovery of civil 18
63	63	penalties and/or equitable relief. 19
64	64	(e) An original equipment manufacturer which fails to provide a replacement part because 20
65	65	the part is out of stock and the manufacturer is unable to obtain the part, shall not be subject to the 21
66	66	penalties as provided in chapter 13.1 of title 6 if the original equipment manufacturer does the 22
67	67	following: 23
68	68	(1) Informs the customer or independent repair provider that the part is out of stock, and, 24
69	69	consequently, the manufacturer is unable to obtain the part; and 25
70	70	(2) Makes the part available to the consumer or independent repair provider within three 26
71	71	(3) business days of when the part becomes available. 27
72	72	(f) Nothing in this section shall be construed to require an original equipment manufacturer 28
73	73	to: 29
74	74	(1) Divulge any trade secret to any owner or independent service provider, except as 30
75	75	necessary to perform diagnosis, maintenance, or repair on fair and reasonable terms; 31
76	76	(2) Alter the terms of any arrangement between an authorized repair provider and an 32
77	77	original equipment manufacturer including, but not limited to, the performance or provision of 33
78	78	warranty or recall repair work by an authorized repair provider on behalf of an original equipment 34
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82	82	manufacturer; or 1
83	83	(3) Be liable for any damage or injury to any equipment caused by an independent repair 2
84	84	provider or owner which occurs during the course of repair, diagnosis, or maintenance and is not 3
85	85	attributable to the original equipment manufacturer or authorized repair provider other than if the 4
86	86	failure is attributable to design or manufacturing defects. 5
87	87	(g) No original equipment manufacturer shall include in any material or documentation 6
88	88	any waiver or avoidance language that restricts or limits the provisions of this section. Any material, 7
89	89	documentation or sales agreement that restricts or limits the rights of an owner or repair provider 8
90	90	in violation of the provisions of this section shall be void as violating the public policy of the state 9
91	91	and shall be unenforceable. 10
92	92	(h) The provisions of this section shall apply to assistive technology devices which are 11
93	93	wheelchairs and scooters of any kind and other aids that enhance the mobility or positioning of an 12
94	94	individual, such as motorized positioning features, and the switches and control for any motorized 13
95	95	features as provided pursuant to § 6-45-1(1)(i). 14
96	96	SECTION 2. This act shall take effect upon passage. 15
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103	103	EXPLANATION
104	104	BY THE LEGISLATIVE COUNCIL
105	105	OF
106	106	A N A C T
107	107	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
108	108	CONSUMER ENFORCE MENT OF ASSISTIVE TECHNOLOGY DEVICE WARR ANTIES
109	109	***
110	110	This act would require that manufacturers of assistive technology devices consisting of 1
111	111	wheelchairs and scooters and mobility positioning aids to make available to independent repair 2
112	112	providers or the owner of the devices, any documentation and or parts, software or other items 3
113	113	intended for use with the equipment or parts, including updates to software. Manufacturers would 4
114	114	be prohibited from using parts that would prevent installation of any non-manufacturer approved 5
115	115	replacement part or component. Violators could be subject to penalties for unfair or deceptive trade 6
116	116	practices. 7
117	117	This act would take effect upon passage. 8
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