An Act to Require the
Maine Legislature, Session 132, LD 1908
Committee Amendment CA_A_S563 (Senate)

COMMITTEE AMENDMENT "/^ »to S.P. 749, L.D. 1908, "An Act to Require the
Cooperation of Original Manufacturers of Electronic Devices to Facilitate the Repair of
Those Devices by Device Owners and Independent Repair Providers"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 10 MRSA c, 247 is enacted to read;
CHAPTER 247
RIGHT TO REPAIR ELECTRONIC EQUIPMENT
81500-PP. Definitions
As used in this chapter, unless tlie context otherwise indicates, the followine terms
have the followine meanings.
1. Authorized repair provider. "Authorized repair Dt'ovider" means:
A. An original equipment manufacturer that offers the services of diagnosis.
maintenance or repair of the diaital electronic equipment it manufactures; or
B, ^A_tierson that is unaffiHate<LwitIi an original equipment manufacturer and1 that^ has
an arraneemeut with the orieinal equipment manufacturer under which the orieinal
eaumtnentmanyfactyrer grants to the person a license to use a trade name. service mark
or related characteristics for the purposes of offerine the services of diaenosis.
maintenance or t'epair of dieital electronic eauipment under the name of or otLbehalf
of the original equipment manufacturer, For the purposes of this paraeraph. "service
mark" has the^amejneaninK as in section 1521, subsection 6 .
2._Authorized 3rd-nar<-v Di'ovider. "Authorized 3rd"Dai-tv provider" means a oerson
that is unaffUiated with an orieinal eauipment manufacturer and that has an arrangement
with the original ecntioment manufacturer under whicli the original eauioment
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " f\ " to S.P. 749, L,D, 1908 ( ^
^ 1 manufacturer grants to the person a license to use a trade name to distribute parts, tools or
documentation under tlie name of or on behalf of the original equipment manufacturer.
3. Diaenosis. "Diagnosis" means tlie process of identifvine the issue or issues causing
djfiitaL^ equipment to not be in full workine order,
4. Dieital electronic eguinment; etiuinmenf. "Dieital electronic egyioment"_ pr
"equipment" means a hardware product 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
dieital electronics embedded in or attached to the product for the product to function,
"Digital electronic equipment" does not include;
A. A motor vehicle that is designed to transport individuals or prooertv on a street or
luehwav and is certified by a motor vehicle manufacturer under all requirements for
the distribution and sale of motor vehicles in the United States;
B, A medical device or a digital electronic product intended primarily for use in a
medical settine includine diaRnostic, monitofing or control eQuioment or any product
or service offered tlu'ough such a device or product;
C, Off-road or nonroad equipment, including, but not limited to,^f^
tractors; farm implements; farm machinery; forestry equipment; industrial eciuipment;
utility equipment; construction eauipment; comoact construction equipment; mining
equipment; turf. yard and garden equipment; outdoor power eauiDment, inoludmg
portable eenerators; aviation, marine, all-terrain sports and recreational vehicles.
including racine vehicles: stand-alone or integrated stationary or mobile intemal
combustion engines; other power sources, including, but not limited to. eenerator sets.
electric or battery and fuel cell power; power tools; and any tools, technologv.
attachments, accessories, components or repair parts for any such equipment;
D, Commercial and industrial electrical switchgear eauioment. includinK power
distribution equipment; commercial visual disolav equipment; medium-voltaee or low-
voltage switcligea^a^ as medium-
voltage or low-voltaee motor control and drives; remote power panels; power
distribution units and static or transfer switches; and_ any tools, technoloay,
attachments, accessories, components or repair parts for any such eauipment;
E, Safety communications equipment intended to be used for emereencv response or
prevention put'poses by a law etlforcement, fire or medical and emereencv rescue
services agency or other emeraencv service organization;
P. Security or life safety systems or alarm systems. including any related software or
5 components, that have a digital electronic product embedded within them:
6 0,A video game console, inciudine, but not limited to, a video game console machine.
a handheld video game console device or other similar device or system, includine any
associated components or perioherals; or
H. A product developed or manyfactured for the purpose of public health.
enyironmental testine or water Quality testing.
5. Documentation. "Documentation" means, with respect MdifiiteL electronic
equipment, a manual, diagram, reportine output, service code.description, circuit schematic
or similar kind of information required for efifecting the services ofdiaenosis. maintenance
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" ^ " lo S.P. 749, L,D. 1908 L^?"^
or repair of equipment manufactured or sold by an orieinal equipment manufacturer to
facilitate the diagnosis, maintenance or repair of the equipment.
6. Independent repair nrovider. "Independent repair providet'" 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 eneaaed in diaenosine. maintaining
and repairing digital electronic equipment,
7. Maintenance. "Maintenance" means. with respectLto_diffital electronic equipment,
any action necessary to keep currently working digital electronic equipment in full working
order.
8. Medical device. "Medical device" means an instrument, apparatus, implement.
machine, contrivance, implant or other similar or related article, including a conifionent»
part or accessory, as described _ju 21 UnitedJ»tatos Code, Section 321fh') that is intended
for use in the diaenosis of disease or other conditions or in the cure. mitieation. treatment
or prevention of d jsease in humaitsor animals,
9. Modification; modify. "Modification" or "modify" means, with respect to digital
electronic equipment, any alteration to the equipment that is not maintenance and not
repair.
10. Motor veliicle. "Motor vehicle" has the same meanina as in section 1171,
subsection 11 and includes any component or part of the motor vehicle.
11. IMotor vehicle manufacturer. "Motor vehicle manufacturer" means a business
eneaeed in the manufacturine or assembline of motor vehicles,
12. On fair and reasonable terms. "On 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 orieinal equipment manufacturer at costs and on terms that are at least as favorable
as the most favorable costs and terms_3i^^ offers the
dooumetitation, parts and tools to an authorized repair provider. accounting foLa^
discount, rebate or financial incentive offered to the authorized repair provider bv the
manufacturer, and that;
A, With respect to documentation required for repair, such documentation is made
available by the original equipment manufacturer;
CD On terms that do not require the reciment of the documentation to be or to
become an authorized repair provider; and
(2) At no charge. except that. when the documentation is requested in physical
5 printed form. the manufacturer may require payment for the reasonable actual costs
of preparine and sendine the printed documentation:
B. With respect to tools required for repair, such tools are made available by the
Ql'kinal equipment manufacturer:
d') On terms that do not require the recipient of the tool to be or to become an
authorized repair provider;
(2) Without any impediments to use; and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S,P. 749, L,D. 1908 t ^
!-A
y^ 1"/ f3') 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
C. With respect to parts required for repair, such parts are made available by the
original equipment manufacturer either directly or throuah an authorized 3rd-party
provider, 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.
13. Orieinal eauipment manufacturer; manufacturer. "Orieinal eciuipment
manufacturer" or "manufacturer" means a business engaged in the selling or leasing of or
in othenvise supplvmg new digital electronic equipment manufactured by or on behalf of
the business,
14. Owner. "Owner" means an individual or business that owns digital electronic
equipment purchased or used in the State,
15. Part. "Part" means. with respect to digital electronic equipment. any replaceinent
part or assembly of parts, either new or used. or their equivalents, for maintaining or
repairing digital electronic eguipment matmfa^tured or sold bv.the manufacturer,
16. Parts uairine. "Parts pairine" means a manufacturer's practice of using software
to identift' component parts through a unique identifier,
17. Print imagine device, "Print imagine device" means a component, device or
system for transferrine an image to a printable medium, ino!udin&_but not limited to. a
printer, copier, multifunction device. duplicator. mailing machine or professional imagine
product,
18. Repair. "Repair" means, with respect to digital electronic equipment, any action
necessary to restore the equipment to full workine order. "Repair" does not include post-
sale modifications that alter the orieinallv intended functkmine of the digital electronic
eguipment,
19. Tool. "Tool" means. with respect to dieitaLelectromc equipment, a software
m'ogram. hardware imoletnent or other apparatus, mcludine any updates, or its equivalent.
used for diagnosine. mamtainme or repairing digital electronic equipment manufactured or
sold by the manufachirer. includine software or other mechanisms that provide a new part.
program a new part, Daif a new part. calibrate functionality or perform any other function
required to repair the orieinal part,
20. Trade name. "Trade name" has the same meaning asJn.sectJQtl 152
1
21. Trade secret. "Trade secret" means anything tangible or intaneible or
electrenicallv stored or kept that constitutes, represents, evidences or^ records intellectual
ta'ppeity, mcludiiiK secret or confidentiallv held designs, processes, procedures, formulas.
inventions or improvements or secret or confidentiallv held soientific. technicaL
tnerchandisina. production, financial, business or management information, or other
intellectual property that falls within the meanina of a trade secret under 18 United States
Code. Section 1839,
81500-00. Rieht to repair
Page4-132LR1519(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT <</| " to S,P. 749, L.D, 1908 (.5- '
&1
The following provisions govern the diagnosis, maintenance and repair of digital
electronic equipment sold pr in use in this_State,
1. OrJEinaI equipment manufacturers; requirement. BeRinnine January 1, 2028.
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 July 1. 2021 shall make
available on fair and reasonable terms to any independent remir provider or owner ofthe
ecmipment any documentation, parts or tools, or their eauivalents^m^ for the
diaenosis. maintenance or repair of the equipment.
An original equipment manufacturer that does not have access to documentation, parts or
tools and does not offer services of diaenosis. inamtenance or repair of particylar dieital
electronic equipment is not required to produce documentation. parts or tools for that
particular equipment,
2. Prohibited uses of narts pairine. For consumer electronic eautoment that is
manufactured for the first time. and first sold or used in this State, after January 1. 2028.
gn oriemal equipment manufacturer may not use parts pairing to:
A. Prevent or inhibit an independent repair provider or an owner from installing or
enabling the function of an otherwise functional replacement part or a component of
consumer electronic equipment, including a replacement part or a component that the
original eaubment manufacturer has not approved;
B. Intentionally reduce the functionality or performance of consumer electrQnic
equipment; or
C, Cause consumer' electronic equipment to display misleadine alerts or warnings,
which the owner cannot immediately dismiss, about unidentified parts.
This subsection may not be construed to prohibit parts pairine of print imaeing devices.
3. Additional limitations and exclusions. Notwithstanding any provision of this
section to the contrary:
A._An oriKinal eQuipment manufacturer is not reQuired to:
8 d) Provide or make available to an independent repair provider or owner
documentation, parts or tools if;
0 fat The part or tool is no longer available to the original equipment
manufacturer;
fb) The tool is used bv the orieinal equipment manufacturer only toperform
no-cost diagnostic services virtually through telephone. Internet, chat function.
e-mail or similar means that do not involve the manufacturer's ohvsically
handling the owner's equipment, unless the manufacturer also makes that
documentation or tool available to persons unaffiliated with the manufacturer;
or
(c) The original equipment manufacturer provides to an independent t'eoair
provider or owner, at no additional charge, a readily available equivalent or
newer replacement of the digital electronic eauioment for which the
documentation, parts or tools are requested;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A. " to S.P, 749, L.D. 1908
^ Q> 1 ('21 Divulge any trade secret except as necessary to perform diagnosis.
maintenance or repair on fair and reasonable terms;
f3) Make available to an independent repair provider or owner documentation,
parts or tools that would disable, reset or override electronic privacv oiLsecuritv
locks or securitv-related measures or functions, or disable or override antitheft
security or privacy measures set by the owner of the equipment without the owner's
authorization. This subparagt'aph may not be construed to relieve the orieinal
equipment manufacturer's oblieation to make available to an independent repair
provider or owner such documentation, parts or tools if the owner provides
authorization;
(4) Provide documentation, parts or tools for any digital electronic equipment if
reconditionine or repair of the equipment is prohibited by law;
f5) Provide documentation or tools used exclusively by the orieinal 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 lone as the manufacturer makes
available to independent repair providers and owners sufficient alternative
documentation and tools to diaenose. maintain or repair the equipment; or
(6) Cover any repait's provided by independent repair oroviders or owners under a
warranty;
B, An orleinal eauioment manufacturer and an authorized repair Di'ovider are not
required bv this section to;
d) Provide an independent repair orovider 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 DutDosespfmQdifving
or making modifications to any digital electronic equipment; or
' ('ILJMake available any documentation, parts or tools in a mannerJhat is
inconsistent with or in violation of applicable federal or state law;
C. In complying with the requirements of this section. au orieinal eauipment
manufacturer may^nake available documentation, parts or tools to an mdeDendent
repair provider or owner directly or tlu'oueh an authorized repair provider or an
authorized 3rd-partv m'ovider,
An authorized repair provider may make documentation, parts or tools availabLeto an
mdepen^dentj'eoair provider or owner as lone as the authorized repair orovider is
contractual lv permitted by the orieinal equipment manufacturer to provide and is not
otherwise prohibited from providme the documentation, parts or tools.
This Daraei'aoli may not be construed to require an authorized repair provider or
authorized 3rd"oartv provider to provide such documentation, parts or tools to an
independent repair provider or owner or to relieve an orieinal equipment manufacturer
of its obligations to make available documentation, parts or tools to an independent
repair provider or owner; and
Page6-132LR1519(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S,P. 749, L,D, 1908 (,3'<
^ (^ 1 D. An original equipment manufacturer is not liable under this section for damages
yUy 2 resulting from itnproper use of personal data or any data privacy or security breach in
connection with repair. diaRnosis. maintenance or modification of digital electronic
equipment bv an independent repair Di'ovider or owner,
This section may not be construed to abroeate. interfere with, contradict or alter the tei'ms
of any agreement between an orudnal equipment manufacturer and an authorized repair
provider. includinR, but not limited to. the performance or Drovision of warrantv or recall
repair work by an authorized repair provider on behalf of an orieinal 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 repairine digital electronic eqyipment subLept to
the requirements of this section. an independent repair provider shall provide to a customer
a written notice that contains the following information:
A. That the independent repair provider is not an authorized repair orovider for the
digital electronic equipment; and
B. Whether the independent repair provider, in fepairine digital electronic eauioment,
uses any used replacement parts or replacement parts provided by a supplier other than
the orieinal equipment manufacturer of the dieital electronic eauiDment,
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 replaces the bill. The amendment exempts from the bill's definition
of "digital electronic equipment" a product developed or manufactured for the purposes of
public health, environmental testing or water quality testing. The amendment provides that
an original equipment manufacturer is not required to make available documentation, parts
or tools if the original equipment manufacturer provides at no additional cost an equivalent
or newer replacement of the digital electronic equipment, The amendment also clarifies
that the bill's provision prohibiting parts pairing does not apply to print imaging devices.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/17/26
C.RL
LD 1908 LR 1519(02)
An Act to Require the Cooperation of Original Manufacturers of Electronic Devices to Facilitate the
Repair of Those Devices by Device Owners and Independent Repair Providers
Fiscal Note for Bill as Amended by Committee Amendment "4"/^.
Committee; Housing and Economic Development
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 wit^ *he
minimal number of new cases filed in the court system does not require additional funding at this time. The coll ,n
of additional filing fees will increase General Fund revenue by minor amounts.
LR1519(02)-Fiscal Note-Page 1 of 1