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_B_S616 (Senate)

CO1\.1MITTEE AMENDMENT" B" 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 the title and substituting the following: 
'An Act to Ensure That Residents of the State Have the Right to Repair Their Own 
Personal 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: 
CHAPTER234 
RIGHT TO REP AIR ELECTRONIC EQUIPMENT 
§1500-0. Right to repair 
1. Definitions. As used in this section, 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 personal 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "8 "to S.P. 608, L.D. 1487 { )·Ul / t..e,,) 
diagnosis, maintenance or repair of personal 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 personal 
digital electronic equipment to not be in full working order. 
C. "Documentation" means, with respect to personal 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. 
D. "Fair and reasonable terms" means, with respect to documentation, parts and tools 
required for the diagnosis, maintenance and repair of personal 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 fmancial 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. 
E. "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 personal 
digital electronic equipment. 
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COMMITTEE AMENDMENT" 0" to S,P. 608, L.D. 1487 ( '),- {£;, f ti} 
F. "Maintenance" means, with respect to personal digital electronic equipment, any 
action necessary to keep currently working personal digital electronic equipment in full 
working order. 
G. "Modification" or "modify" means, with respect to personal digital electronic 
equipment, any alteration to the equipment that is not maintenance and not repair. 
H. "Original equipment manufacturer" or "manufacturer" means a business engaged in 
the selling or leasing of or in otherwise supplying new personal digital electronic 
equipment manufactured by or on behalf of the business. 
I. "Owner" means an individual or business that owns or leases personal digital 
electronic equipment purchased or used in the State. 
J. "Part" means, with respect to personal digital electronic equipment, any replacement 
part or assembly of parts, either new or used, or their equivalents, for maintaining or 
repairing personal 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. 
K. "Personal digital electronic equipment" or "equipment" means a hardware product 
that: 
(1) Is a computer, cellular telephone or tablet: 
(2) Is sold at retail for personal, household, family or home office use: 
(3) Has a wholesale price to a retailer, or to others outside of direct retail sale, of 
not less than $50: and 
(4) Depends in whole or in part on digital electronics embedded in or attached to 
the product for the product to function. 
L. "Repair" means, with respect to personal 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 personal 
digital electronic equipment. 
M. "Tool" means, with respect to personal digital electronic equipment, a software 
program, hardware implement or other apparatus, or its equivalent, used for 
diagnosing, maintaining or repairing personal 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. 
N. "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 
property that falls within the meaning of a trade secret under 18 United States Code, 
Section 1839. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 8" to S.P. 608, L.D. 1487 ( s-f.tll ti) 
2. Original equipment manufacturers; requirement. Beginning August 1, 2025 
and except as otherwise provided in this section, an original equipment manufacturer of 
personal digital electronic equipment sold or in use in the State on or after August 1, 2025 
shall 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 personal digital 
electronic equipment subject to the requirements of this section a reimbursement or the 
equivalent or better and readily available replacement personal 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: 
(l) 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 override 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 personal 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 personal 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" e" to S.P. 608, L.D. 1487 ( $,la f~) 
(7) Warrant any repairs provided by independent repair providers or owners; 
B. An original equipment manufacturer and an authorized repair provider are not 
required by this section to: 
(1) 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 purposes of modifying 
or making modifications to any personal 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 personal 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 personal 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" B" to S.P. 608,L.D. 1487 { S-lolu) 
A. That the independent repair provider is not an authorized repair provider for the 
personal digital electronic equipment; 
B. That the consumer should review the terms and conditions of any warranty for the 
personal 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 personal digital electronic 
equipment, uses any used replacement parts or replacement parts provided by a 
supplier other than the original equipment manufacturer of the personal 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 a minority report of the committee, replaces the bill and 
changes the title. The amendment establishes a requirement that, beginning August 1, 2025, 
an original equipment manufacturer of personal digital electronic equipment, which 
includes, but is not limited to, laptops, computers, cellular telephones and tablets, sold or 
in use in the State on or after August 1, 2025 must make available on fair and reasonable 
terms 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 ~ae 
LD 1487 
LR 2305(03) 
• ·.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 "(3't S-lr21t.a) 
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(03) - Fiscal Note - Page 1 of 1