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: Innovation, Development, Economic Advancement and Business
Sponsors: TIPPING, MATHIESON, BRAKEY, BOYER, CLUCHEY, JAUCH, LOOKNER, ROEDER

Legislative Document
No. 1487
S.P. 608
In Senate, April 5, 2023
An Act to Ensure That Residents of the State Have the Right to 
Repair Their Own Electronic Devices
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative MATHIESON of Kittery and
Senator: BRAKEY of Androscoggin, Representatives: BOYER of Poland, CLUCHEY of 
Bowdoinham, JAUCH of Topsham, LOOKNER of Portland, ROEDER of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 234 is enacted to read:
CHAPTER 234
RIGHT TO REPAIR ELECTRONIC EQUIPMENT
§1500-O. Right to repair
1. Definitions. For the purposes of this chapter, unless the context otherwise indicates, 
the following terms 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. "Digital electronic equipment" or "equipment" means a product that depends for its 
functioning, in whole or in part, on digital electronics embedded in or attached to the 
product, but does not include a motor vehicle.
C.  "Documentation" means any manual, diagram, report, service code description, 
schematic diagram or similar information provided to an authorized repair provider for 
purposes of offering the services of diagnosis, maintenance or repair of digital 
electronic equipment.
D. "Embedded software" means any programmable instructions provided on firmware 
delivered with digital electronic equipment, or with a part for such equipment, for 
purposes of equipment operation, including all relevant patches and fixes made by the 
manufacturer of such equipment or part for these purposes. 
E. "Fair and reasonable terms" means the following terms for obtaining documentation 
or a tool or part:
(1) With respect to documentation, including any relevant updates, that there is no 
charge, except when the documentation is requested in physical printed form, in 
which case it means the reasonable actual costs of preparing and sending the copy;
(2) With respect to a tool, that there is no charge, no required authorization or 
Internet access for the use or operation of the tool and no other impediment to 
access or use of the tool for its full functionality, except when the tool is requested 
in physical form, in which case it means the reasonable actual costs of preparing 
and sending the tool; and
(3) With respect to a part, that the cost and terms are equivalent to the most 
favorable costs, conditions, obligations and other terms offered by the original 
equipment manufacturer to an authorized repair provider, accounting for all 
discounts, rebates or costs.
F. "Firmware" means a software program or set of instructions programmed on digital 
electronic equipment, or on a part for such equipment, to allow the equipment or part 
to communicate with other computer hardware.
G. "Independent repair provider" means a person in this State: 
(1) That is not an authorized repair provider or affiliated with an authorized repair 
provider and is engaged in the services of diagnosis, maintenance or repair of 
digital electronic equipment; or 
(2) That is an authorized repair provider or affiliated with an authorized repair  
provider with respect to any services of diagnosis, maintenance or repair of digital 
electronic equipment that is not manufactured by or sold under the name of the 
original equipment manufacturer for which the person, or the person's affiliate, is 
an authorized repair provider. 
H. "Motor vehicle" has the same meaning as in section 1171, subsection 11 and 
includes any component part of the motor vehicle. 
I. "Original equipment manufacturer" means a business engaged in the business of 
selling or leasing to any person new digital electronic equipment manufactured by or 
on behalf of itself.
J. "Owner" means a person that owns or leases digital electronic equipment purchased 
or used in this State.
K. "Part" means any replacement part, either new or used, made available by an original 
equipment manufacturer for purposes of maintenance or repair of digital electronic 
equipment manufactured or sold by the original equipment manufacturer. 
L. "Tool" means any software program, hardware or other mechanism or apparatus 
necessary to repair digital electronic equipment and restore it to fully functional 
condition.
M. "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 anything within the 
definition of "trade secret" under 18 United States Code, Section 1839(3), as in effect 
on January 1, 2019.
2. Requirements.  An original equipment manufacturer shall, with respect to any 
digital electronic equipment sold or used in this State, make available on fair and reasonable 
terms to the owner of the equipment or to any independent repair provider:
A. Parts, tools and documentation necessary to repair the digital electronic equipment, 
including any updates to information or embedded software; and 
B. If the digital electronic equipment contains an electronic security lock or other 
security-related function, any parts, tools and documentation needed to reset the lock 
or function when disabled in the course of diagnosis, maintenance or repair of the 
equipment. 
Parts, tools and documentation made available under this subsection may be made available 
through appropriate secure release systems.  Nothing in this subsection requires an original 
equipment manufacturer to make available a part if the part is no longer available to the 
original equipment manufacturer.
3. Limitations.  This section may not be construed or interpreted to:
A. Require an original equipment manufacturer to divulge a trade secret to an owner 
or an independent service provider;  
B. Alter the terms of an arrangement between an authorized repair provider and an 
original equipment manufacturer, 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 the arrangement, except that any 
provision that purports to waive, avoid, restrict or limit the original equipment 
manufacturer's obligations to comply with this section is void and unenforceable; or 
C. Require an original equipment manufacturer or an authorized repair provider to 
provide to an 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 between the 
authorized repair provider and an original equipment manufacturer.
4. Liability.  Neither an original equipment manufacturer nor an authorized repair 
provider is liable for any damage or injury to an owner or independent repair provider 
resulting from the use of digital electronic equipment provided by the original equipment 
manufacturer or authorized repair provider pursuant to this section.
5. Enforcement.  A violation of this chapter constitutes an unfair or deceptive act or 
practice in violation of Title 5, chapter 10.
SUMMARY
This bill establishes a requirement that a manufacturer of digital electronic equipment 
sold or used in this State make available on fair and reasonable terms to the owner of the 
equipment or to any independent repair provider parts, tools and documentation necessary 
to repair that digital electronic equipment, including any updates to information or 
embedded software.  If the equipment contains an electronic security lock or other security-
related function, the manufacturer must also provide any parts, tools and documentation 
needed to reset the lock or function when disabled in the course of diagnosis, maintenance 
or repair of the equipment.  The bill does not apply to digital electronic equipment in motor 
vehicles.