Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0060 Compare Versions

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

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5	5	2025 -- S 0060
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7	7	LC000700
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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	DIGITAL ELECTRONICS RIGHT TO REPAIR ACT
17	17	Introduced By: Senators Britto, DiMario, Ciccone, Murray, LaMountain, Gallo, Lawson,
18	18	Gu, McKenney, and Kallman
19	19	Date Introduced: January 23, 2025
20	20	Referred To: Senate Judiciary
21	21
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1
25	25	REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 61 3
27	27	DIGITAL ELECTRONICS RIGHT TO REPAIR ACT 4
28	28	6-61-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "Digital Electronics Right to Repair 6
30	30	Act." 7
31	31	6-61-2. Definitions. 8
32	32	As used in this chapter: 9
33	33	(1) "Authorized repair provider" means an individual or business who has an arrangement 10
34	34	with the original equipment manufacturer under which the original equipment manufacturer grants 11
35	35	to the individual or business a license to use a tradename, service mark, or other proprietary 12
36	36	identifiers for the purposes of offering the services of diagnosis, maintenance, or repair of digital 13
37	37	electronic equipment under the name of the original equipment manufacturer, or other arrangement 14
38	38	with the original equipment manufacturer to offer such services on behalf of, or under contract to, 15
39	39	the original equipment manufacturer. An original equipment manufacturer who offers the services 16
40	40	of diagnosis, maintenance, or repair of its own digital electronic equipment shall be considered an 17
41	41	authorized repair provider with respect to this equipment. 18
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44	44	LC000700 - Page 2 of 6
45	45	(2) "Digital electronic equipment" or "equipment" means any product that depends for its 1
46	46	functioning, in whole or in part, on digital electronics embedded in or attached to the product. 2
47	47	(3) "Documentation" means any manual, maintenance procedures, functional and wiring 3
48	48	diagrams, reporting output, service code description, circuit board schematics, security code, 4
49	49	password, training material, troubleshooting information, list of required tools, parts list, or other 5
50	50	guidance or information used in effecting the services of diagnosis, maintenance, or repair of digital 6
51	51	electronic equipment. 7
52	52	(4) "Embedded software" means any programmable software instructions delivered with 8
53	53	or loaded onto equipment, or a part of this equipment, to allow the equipment or part to operate or 9
54	54	communicate with other computer hardware. Embedded software includes all relevant patches and 10
55	55	fixes that the manufacturer makes for purposes of diagnosis, maintenance, or repair of equipment. 11
56	56	(5) "Independent repair provider" means an individual or business operating in the state, 12
57	57	that does not have an arrangement described in subsection (1) of this section with an original 13
58	58	equipment manufacturer, and who is engaged in the services of diagnosis, maintenance, or repair 14
59	59	of digital electronic equipment. 15
60	60	(6) "On fair and reasonable terms" means all of the following: 16
61	61	(i) At costs and terms that are equivalent to the most favorable costs and terms under which 17
62	62	an original equipment manufacturer offers to an authorized repair provider, accounting for any 18
63	63	discount, rebate, convenient and timely means of delivery, means of enabling fully restored and 19
64	64	updated functionality, rights of use, or other incentive and preference the original manufacturer 20
65	65	offers to an authorized repair provider, or any additional cost, burden, or impediment the original 21
66	66	equipment manufacturer imposes on an owner or independent repair provider. 22
67	67	(ii) With respect to documentation, made available by the original equipment manufacturer 23
68	68	at no charge, except that, when the documentation is requested in physical printed form, a charge 24
69	69	may be included for the reasonable actual costs of preparing and sending the copy. 25
70	70	(iii) With respect to tools, made available by the original equipment manufacturer: 26
71	71	(A) At no charge, except that, when a tool is requested in physical form, a charge may be 27
72	72	included for the reasonable, actual costs of preparing and sending the tool; 28
73	73	(B) Without requiring authorization or Internet access for the use or operation of these 29
74	74	tools, or imposing impediments to access or use of the tools to diagnose, maintain, or repair and 30
75	75	enable full functionality of digital electronic equipment; and 31
76	76	(C) Not in a manner that impairs the efficient and cost-effective performance of any 32
77	77	diagnosis, maintenance, or repair. 33
78	78	(iv) With respect to parts, made available by the original equipment manufacturer, either 34
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82	82	directly or through an authorized repair provider, in a manner that: 1
83	83	(A) Is not conditioned on or imposing a substantial obligation or restriction, including, but 2
84	84	not limited to, a minimum or reasonable maximum quantity of parts that owners and independent 3
85	85	repair providers can purchase, that is not reasonably necessary for enabling the owner or 4
86	86	independent repair provider to engage in the diagnosis, maintenance, or repair of digital electronic 5
87	87	equipment made by or on behalf of the original equipment manufacturer; and 6
88	88	(B) Does not condition access to parts on any additional contract other than a purchase 7
89	89	order. 8
90	90	(7) "Original equipment manufacturer" or "manufacturer" means a business engaged in the 9
91	91	business of selling, leasing, or otherwise supplying new digital electronic equipment manufactured 10
92	92	by or on behalf of itself, to any individual or business. 11
93	93	(8) "Owner" means an individual or business who owns or leases digital electronic 12
94	94	equipment purchased or used in this state. 13
95	95	(9) "Part" means any replacement part, either new or used, generally available or used by 14
96	96	an original equipment manufacturer or its authorized repair providers for purposes of effecting the 15
97	97	services of maintenance or repair of digital electronic equipment manufactured by or on behalf of, 16
98	98	sold or otherwise supplied by the original equipment manufacturer. 17
99	99	(10) "Parts pairing" refers to the practice by manufacturers of using software to identify 18
100	100	component parts through a unique identifier. 19
101	101	(11) "Tool" means any software program, hardware implement, or other apparatus used for 20
102	102	diagnosis, maintenance, or repair of digital electronic equipment, including software or other 21
103	103	mechanisms that provision, program, or pair a new part, calibrate functionality, or perform any 22
104	104	other function required to bring the product back to fully functional condition, including any 23
105	105	updates. 24
106	106	(12) "Trade secret" has the meaning given it in § 6-41-1. 25
107	107	6-61-3. Requirements. 26
108	108	(a) For digital electronic equipment and parts for such equipment that are sold or used in 27
109	109	this state, an original equipment manufacturer shall make available to any independent repair 28
110	110	provider and owner of digital electronic equipment manufactured by on behalf of, or sold by such 29
111	111	original equipment manufacturer, on fair and reasonable terms, any documentation, parts, and tools, 30
112	112	required for the diagnosis, maintenance, or repair of such digital electronic equipment and parts for 31
113	113	this equipment, inclusive of any updates. The documentation, parts and tools shall be made 32
114	114	available either directly by such original equipment manufacturer or via an authorized repair 33
115	115	provider or distributor. 34
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119	119	(b) An original equipment manufacturer shall not use parts pairing or any other mechanism 1
120	120	to: 2
121	121	(1) Prevent the installation or functioning of any otherwise-functional part, including a 3
122	122	non-manufacturer approved replacement part or component; 4
123	123	(2) Inhibit or reduce the functioning of any part, such that replacement by an independent 5
124	124	repair provider or the device owner would cause the device to operate with reduced functionality 6
125	125	or performance; 7
126	126	(3) Create false, misleading, deceptive, or non-dismissible alerts or warnings about parts; 8
127	127	(4) Charge additional fees or increased prices for future repairs; or 9
128	128	(5) Limit who can purchase parts or perform repair services. 10
129	129	(c) For equipment that requires deactivating a lock for purposes of repair, the original 11
130	130	equipment manufacturer shall make available to any owner, or independent repair provider, with 12
131	131	the express permission of the owner, on fair and reasonable terms, any special documentation, tools, 13
132	132	and parts needed to access and reset the lock or function when disabled in the course of diagnosis, 14
133	133	maintenance, or repair of such equipment. This documentation, tools, and parts may be made 15
134	134	available through an appropriate secure release system. 16
135	135	6-61-4. Enforcement by attorney general. 17
136	136	If the attorney general determines that a failure to provide documentation, parts, or tools as 18
137	137	described in § 6-61-3 constitutes an unfair method of competition, false advertising, or unfair or 19
138	138	deceptive trade practices under chapter 13.1 of title 6, all remedies, penalties, and authority granted 20
139	139	to the attorney general by that chapter shall be available to the attorney general for the enforcement 21
140	140	of this chapter. 22
141	141	6-61-5. Limitations. 23
142	142	(a) Nothing in this chapter shall be construed to require an original equipment manufacturer 24
143	143	to divulge any trade secret to any owner or independent service provider, except as necessary to 25
144	144	perform diagnosis, maintenance, or repair on fair and reasonable terms. 26
145	145	(b) Nothing in this chapter shall be construed to alter the terms of any arrangement 27
146	146	described in § 6-61-3(a) in force between an authorized repair provider and an original equipment 28
147	147	manufacturer, including, but not limited to, the performance or provision of warranty or recall 29
148	148	repair work by an authorized repair provider on behalf of an original equipment manufacturer and 30
149	149	pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, 31
150	150	restrict or limit the original equipment manufacturer's obligations to comply with this chapter shall 32
151	151	be void and unenforceable. 33
152	152	(c) No original equipment manufacturer or authorized repair provider shall be liable for 34
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156	156	any damage or injury to any digital electronic equipment caused by an independent repair provider 1
157	157	or owner which occurs during the course of repair, diagnosis, or maintenance and is not attributable 2
158	158	to the original equipment manufacturer or authorized repair provider other than if the failure is 3
159	159	attributable to design or manufacturing defects. 4
160	160	(d) Nothing in this chapter shall be construed to require a manufacturer to make available 5
161	161	special documentation, tools, and parts that would disable or override anti-theft security measures 6
162	162	set by the owner of the product without the owner's authorization. 7
163	163	(e) Nothing in this chapter shall be construed to require a manufacturer to sell a part if the 8
164	164	part is no longer available to the manufacturer. 9
165	165	6-61-6. Applicability. 10
166	166	This chapter shall apply to equipment sold on or after January 1, 2026. 11
167	167	SECTION 2. This act shall take effect upon passage. 12
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169	169	LC000700
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173	173	LC000700 - Page 6 of 6
174	174	EXPLANATION
175	175	BY THE LEGISLATIVE COUNCIL
176	176	OF
177	177	A N A C T
178	178	RELATING TO COMMERCI AL LAW--GENERAL REGULATORY PROVISIONS --
179	179	DIGITAL ELECTRONICS RIGHT TO REPAIR ACT
180	180	***
181	181	This act would establish a digital electronics right to repair, which would allow for digital 1
182	182	electronic equipment and parts that are sold in this state on or after January 1, 2026, to be repaired 2
183	183	at an independent repair provider. Additionally, this act would require an original equipment 3
184	184	manufacturer to make available to any independent repair facility any documentation, parts, and 4
185	185	tools required for diagnosis, maintenance, or other repairs. 5
186	186	This act would take effect upon passage. 6
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188	188	LC000700
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