An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices
Maine Legislature, Session 131, LD 1487
Committee Amendment CA_A_S615 (Senate)

COMJ\!1ITTEE AMENDJVIENT" /l "to S.P. 608, L.D. 1487, "An Act to Ensure That 
Residents of the State Have the Right to Repair Their Own Electronic Devices" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 10 MRSA c. 234 is enacted to read: 
CHAPTER 234 
RIGHT TO REP AIR ELECTRONIC EOUIPM:ENT 
§1500-0. Right to repair 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Authorized repair provider" means: 
(1) An original equipment manufacturer that offers the services of diagnosis, 
maintenance or repair of its own digital electronic equipment and that does not 
have an arrangement described in subparagraph (2) with an unaffiliated person; or 
(2) A person that is unaffiliated with an original equipment manufacturer and 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 related characteristics for the purposes of offering the services of 
diagnosis, maintenance or repair of digital electronic equipment under the name of 
or on behalf of the original equipment manufacturer. 
B. "Diagnosis" means the process of identifying the issue or issues causing digital 
electronic equipment to not be in full working order. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ "to S.P. 608, L.D. 1487 ( ::r U, f 5) 
C. "Digital electronic equipment" or "equipment" means a hardware product sold at 
retail for personal, household, family or home office use that has a wholesale price to 
a retailer, or to others outside of direct retail sale, of not less than $50 and that depends 
in whole or in part on digital electronics embedded in or attached to the product for the 
product to function. 
"Digital electronic equipment" does not include: 
(l) Any hardware product sold under a business-to-government or business-to-
business contract that is not typically offered for sale directly by a retailer; 
(2) 
Information technology equipment that is intended for use in critical 
infrastructure as defined in 42 United States Code, Section 5195c(e); 
(3) Any product offered or sold by a motor vehicle manufacturer, manufacturer of 
motor vehicle equipment or motor vehicle dealer acting in such capacity; 
(4) A medical device or a digital electronic product found in a medical setting 
including diagnostic, monitoring or control equipment or any product or service 
offered through such a device or product: 
(5) Off-road or nonroad equipment offered or sold by a manufacturer, distributor, 
importer or dealer of such equipment, including, but not limited to, farm and utility 
tractors; farm implements: fa1m machinery; forestry equipment: industrial 
equipment: utility equipment: construction equipment: compact construction 
equipment: mining equipment: turf, yard and garden equipment: outdoor power 
equipment, including portable generators; aviation, marine, all-terrain sports and 
recreational vehicles, including racing vehicles; stand-alone or integrated 
stationary or mobile internal combustion engines: other power sources, including, 
but not limited to, generator sets, electric or battery and fuel cell power: power 
tools; and any tools, technology, attachments, accessories, components or repair 
parts for any such equipment; 
(6) Commercial and industrial electrical equipment, including power distribution 
equipment such as telecommunications network infrastructure; commercial visual 
display equipment: medium-voltage or low-voltage switchgear and transformers: 
power control equipment such as medium-voltage or low-voltage motor control 
and drives; power quality equipment such as uninterruptible power supplies; 
remote power panels; power distribution units and static or transfer switches; and 
any tools, technology, attachments, accessories, components or repair parts for any 
such equipment: 
(7) Safety communications equipment intended to be used for emergency response 
or prevention purposes by a law enforcement, fire or medical and emergency 
rescue services agency or other emergency service organization; 
(8) Home security devices or alarm systems, including any related software or 
components, that have a digital electronic product embedded within them; or 
(9) A video game console. including, but not limited to, a video game console 
machine, a handheld video game console device or other similar device or system, 
including any associated components or peripherals. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" I) "to S.P. 608, L.D. 1487 (:rw /?) 
D. ''Documentation" means, with respect to digital electronic equipment, a manual, 
diagram, reporting output, service code description or similar kind of information 
required for effecting the services of diagnosis, maintenance or repair of equipment 
manufactured or sold by an original equipment manufacturer to facilitate the diagnosis, 
maintenance or repair of the equipment. 
E. "Fair and reasonable terms" means, with respect to documentation, parts and tools 
required for the diagnosis, maintenance and repair of digital electronic equipment, that 
such documentation, parts and tools are made available by the original equipment 
manufacturer at commercially reasonable costs and on commercially reasonable terms 
that are at least as favorable as the most favorable costs and terms under which the 
manufacturer offers the documentation, parts and tools to an authorized repair provider, 
accounting for any discount, rebate or financial incentive offered to the authorized 
repair provider by the manufacturer, and that: 
(1) With respect to documentation required for repair, such documentation is made 
available by the original equipment manufacturer: 
(a) On terms that do not require the recipient of the documentation to be or to 
become an authorized repair provider: and 
(b) At no charge, except that, when the documentation is requested in physical 
printed form, the manufacturer may require payment for the reasonable actual 
costs of preparing and sending the printed documentation: 
(2) With respect to tools required for repair, such tools are made available by the 
original equipment manufacturer: 
(a) On terms that do not require the recipient of the tool to be or to become an 
authorized repair provider: 
(b) Without any impediments to use: and 
(c) At no charge for use or operation of the tool, except that when the tool is 
requested in physical form, the manufacturer may require payment for the 
reasonable, actual costs of procuring, preparing and sending the tool: and 
(3) With respect to parts required for repair, such parts are made available by the 
original equipment manufacturer either directly or through an authorized 
distributor or authorized repair provider on terms that do not require the recipient 
of the part to be or to become an authorized repair provider. 
F. "Independent repair provider" means an individual or business operating in the State 
that is not an authorized repair provider and that is not affiliated with an authorized 
repair provider and that is engaged in diagnosing, maintaining and repairing digital 
electronic equipment. 
G. "Maintenance" means, with respect to digital electronic equipment, any action 
necessary to keep currently working digital electronic equipment in full working order. 
H. "Medical device" means an instrument, apparatus, implement, machine, 
contrivance, implant or other similar or related article, including a component, part or 
accessory, as described in the Federal Food, Drug, and Cosmetic Act, 21 United States 
Code, Section 321(h) that is intended for use in the diagnosis of disease or other 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" {)r' to S.P. 608, L.D. 1487 ( $-VJ. ( $) 
conditions or in the cure, mitigation. treatment or prevention of disease in humans or 
other animals. 
I. "Modification" or "modify" means, with respect to digital electronic equipment, any 
alteration to the equipment that is not maintenance and not repair. 
J. "Motor vehicle" has the same meaning as in section 1171, subsection 11 and includes 
any component or part of the motor vehicle. 
K. "Motor vehicle dealer" means an individual or business engaged in the selling or 
leasing of motor vehicles pursuant to a franchise agreement that has obtained a license 
under applicable vehicle and traffic laws and that, pursuant to the franchise agreement, 
is engaged in diagnosing, maintaining and repairing motor vehicles and motor vehicle 
engines. 
L. "Motor vehicle manufacturer" means a business engaged in the manufacturing or 
assembling of motor vehicles. 
M. "Original equipment manufacturer" or "manufacturer" means a business engaged 
in the selling or leasing of or in otherwise supplying new digital electronic equipment 
manufactured by or on behalf of the business. 
N. "Owner" means an individual or business that owns digital electronic equipment 
purchased or used in the State. 
0. "Part" means, with respect to digital electronic equipment, any replacement part or 
assembly of parts, either new or used, or their equivalents, for maintaining or repairing 
digital electronic equipment manufactured or sold by the manufacturer. "Part" does 
not include printed circuit board assemblies that may allow device cloning in violation 
of 18 United States Code, Section 1029 or other applicable law. 
P. "Repair" means, with respect to digital electronic equipment, any action necessary 
to restore the equipment to full working order. "Repair" does not include post-sale 
modifications that alter the originally intended functioning of the digital electronic 
equipment. 
0. "Tool" means, with respect to digital electronic equipment, a software program, 
hardware implement or other apparatus. or its equivalent, used for diagnosing, 
maintaining or repairing digital electronic equipment manufactured or sold by the 
manufacturer, including software or other mechanisms that provide, program or pair a 
new part, calibrate functionality or perform any other function required to repair the 
original part. 
R. "Trade secret" means anything tangible or intangible or electronically stored or kept 
that constitutes, represents, evidences or records intellectual property, including secret 
or confidentially held designs, processes, procedures, formulas, inventions or 
improvements or secret or confidentially held scientific, technical, merchandising, 
production, financial, business or management information, or other intellectual 
prope1ty that falls within the meaning of a trade secret under 18 United States Code, 
Section 1839. 
2. Original equipment manufacturers; requirement. Beginning August 1, 2025 
and except as otherwise provided in this section, an original equipment manufacturer of 
digital electronic equipment sold or in use in the State on or after August 1, 2025 shall 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" f' to S.P. 608, L.D. 1487 (s U2 (5) 
make available on fair and reasonable terms to any independent repair provider or owner 
of the equipment any documentation, parts or tools, or their equivalents, required for the 
diagnosis, maintenance or repair of the equipment. 
An original equipment manufacturer may elect to alternatively comply with the 
requirements of this section by providing to the original purchaser of digital electronic 
equipment subject to the requirements of this section a reimbursement or the equivalent or 
better and readily available replacement digital electronic equipment at a price that is no 
more than the total cost of the sum of the parts of the equipment. 
3. Additional limitations and exclusions. Notwithstanding any provision of this 
section to the contrary: 
A. An original equipment manufacturer is not required by this section to: 
(1) Provide or make available documentation, parts or tools to an independent 
repair provider or owner if: 
(a) 
The part or tool is no longer available to the original equipment 
manufacturer; or 
(b) The documentation or tool is used by the original equipment manufacturer 
only to perform no-cost diagnostic services virtually through telephone, 
Internet, chat function, e-mail or similar means that do not involve the 
manufacturer's physically handling the owner's equipment, unless the 
manufacturer also makes that documentation or tool available to persons 
unaffiliated with the manufacturer; 
(2) Divulge any trade secret; 
(3) License any intellectual property, including copyrights or patents, to any 
independent repair provider or owner; 
( 4) Make available to an independent repair provider or owner documentation, 
parts or tools that would disable, reset or oven-ide electronic security locks or other 
security-related measures or functions or disable or override antitheft security 
measures set by the owner of the equipment without the owner's authorization. 
Nothing in this subparagraph may be construed to relieve the original equipment 
manufacturer's obligation to make available to an independent repair provider or 
owner such documentation, parts or tools if the owner provides authorization; 
(5) Provide documentation, parts or tools for any digital electronic equipment 
where reconditioning or repair of the equipment is prohibited by law, regulation or 
building or electrical code; 
( 6) Provide documentation or tools used exclusively by the original equipment 
manufacturer for diagnosis, maintenance or repairs completed by machines that 
operate on several digital electronic equipment products simultaneously or 
otherwise for purposes of large-scale efficiency as long as the manufacturer makes 
available to independent repair providers and owners sufficient alternative 
documentation and tools to diagnose, maintain or repair the equipment; or 
(7) Warrant any repairs provided by independent repair providers or owners; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /t "to S.P. 608, L.D. 1487 ( 7{Q tS) 
B. An original equipment manufacturer and an authorized repair provider are not 
required by this section to: 
(I) Provide an independent repair provider or owner any information, other than 
documentation, that is provided by the original equipment manufacturer to an 
authorized repair provider; 
(2) Make available any documentation, parts or tools for the pm:poses of modifying 
or making modifications to any digital electronic equipment: or 
(3) 
Make available any documentation, parts or tools in a manner that is 
inconsistent with or in violation of applicable federal or state law; 
C. 
In complying with the requirements of this section, an original equipment 
manufacturer may: 
(1) Make available documentation, parts or tools to an independent repair provider 
or owner directly or through an authorized repair provider or an authorized 3rd-
party provider. 
(a) Nothing in this section may be construed to require an authorized repair 
provider or authorized 3rd-party provider to provide such documentation, parts 
or tools to an independent repair provider or owner or to relieve an original 
equipment manufacturer of its obligations to make available documentation, 
parts or tools to an independent repair provider or owner. 
(b) An authorized repair provider may make documentation, parts or tools 
available to an independent repair provider or owner as long as the authorized 
repair provider is contractually permitted by the original equipment 
manufacturer to provide and is not otherwise prohibited from providing the 
documentation, parts or tools; and 
(2) Restrict access to certain secure parts of a device by an independent repair 
provider or owner as long as the access restriction does not prevent the independent 
repair provider or owner from completing repairs that can otherwise be completed 
by an authorized repair provider; and 
D. An original equipment manufacturer is not liable under this section for improper 
use of personal data or any data privacy or security breach in connection with repair, 
diagnosis, maintenance or modification of digital electronic equipment by an 
independent repair provider or owner. 
Nothing in this section may be construed to abrogate, interfere with, contradict or alter the 
terms of any agreement between an original equipment manufacturer and an authorized 
repair provider, including, but not limited to, the performance or provision of warranty or 
recall repair work by an authorized repair provider on behalf of an original equipment 
manufacturer pursuant to such an authorized repair agreement, except that any provision in 
such an authorized repair agreement that purports to waive, avoid, restrict or limit an 
original equipment manufacturer's compliance with this section is void and unenforceable. 
4. Written notice required. Before repairing digital electronic equipment subject to 
the requirements of this section, an independent repair provider shall provide to a customer 
a written notice that contains the following information: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 608, L.D. 1487 ( 7 /.a!S'J 
A. That the independent repair provider is not an authorized repair provider for the 
digital electronic equipment; 
B. That the consumer should review the terms and conditions of any warranty for the 
digital electronic equipment as repairs not performed by an authorized repair provider 
may affect the warranty; 
C. That warranties for consumer products are governed by the federal Magnuson-Moss 
Warranty - Federal Trade Commission Improvement Act, 15 United States Code, 
Chapter 50, which: 
(1) Gives consumers rights and protections that supersede conflicting provisions 
in the warranty for the consumer product; 
(2) 
Provides that a warranty for the consumer product may not require 
maintenance and repairs to be performed only by an authorized repair provider: 
and 
(3) Provides that, if damage to the consumer product is shown to be caused by 
equipment not offered or sold by the original equipment manufacturer or by faulty 
repair performed by a repair provider that is not an authorized repair provider, that 
damage may not be covered by the warranty but the warranty may otherwise 
remain in effect: and 
D. Whether the independent repair provider, in repairing digital electronic equipment, 
uses any used replacement parts or replacement parts provided by a supplier other than 
the original equipment manufacturer of the digital electronic equipment. 
5. Violations. A violation of this section is a violation of the Maine Unfair Trade 
Practices Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. The 
amendment establishes a requirement that, beginning August 1, 2025, an original 
equipment manufacturer of digital electronic equipment sold or in use in the State on or 
after August 1, 2025 must make available on fair and reasonable te1ms to any independent 
repair provider or owner of the equipment documentation, parts or tools required for the 
diagnosis, maintenance or repair of the equipment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/13/24 feae 
LD 1487 
LR 2305(02) 
An Act to Ensure That Residents of the State Have the Right to Repair Their Own Electronic Devices 
Fiscal Note for Bill as Amended by Committee Amendment ',1-"( $lei!/) 
Committee: Innovation, Development, Economic Advancement and Business 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the .court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. 
The collection of additional filing fees will increase General Fund revenue by minor amounts. 
LR2305(02) - Fiscal Note - Page 1 of 1