An Act to Require the
Maine Legislature, Session 132, LD 1908
Committee Amendment CA_B_S564 (Senate)

COMMITTEE AMENDMENT "0 " 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. lOMRSAc. 247 is enacted to read:
CHAPTER 247
RIGHT TO REPAIR PERSONAL DIGITAL ELECTRONIC EQUIPMENT
S1SOO-PP. Rieht to repair
1. Definitions. As used in this section, unless the context otherwise indicates, the
fQllowing terms have the followine meanines.
A. "Authorized repair provider" means:
fl) An orieinal equipment manufacturer that offers the services of diagnosis.
majnteuance or repair of its own personal dieital electronic eauipinent and that
does not have an arrangement described in suboaraeraph C2') with an unafflliated
individual; or
(2) An individual that is unaffiliated with an orieinal equipment manufacturer and
that has an arrangement with the oriemal equipment manufacturer under which the
original equipment manufacturer erants to the individual 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 personal dieital electronic
0 eauiDment under the name of or on behalf of the orieinal eauiDinent manufacturer.
B, "Diaenosis" means the process of identifying the issue or issues causing personal
digital electronic equipment to not be in full workine order,
COMMITTEE AMENDMENT
to, COMMITTEE AMENDMENT " 'JA" to S.P. 749, L.D. 1 908
'.-'
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 ea u ipment.
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 cominerciallv
reasonable terms that are at least as favorableas the inost favoi'able costs and terms
under which the manufacturer offers tlie 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 reciu ired for repair, sucli docuinetitation is made
ayailable by the orieinal equipment manufacturer;
Ca) On terms that do not require the recipient oftbe documentatJQn to be or to
become an authorized repair m'ovider; and
Cb) At no charge, except that, when the documentatiQn is reauested in physical
printed form, the manufacturer may require payment for the reasonable actual
costs ofpreparine and sending the prmted^ocymentation;
C2) With respect to tools required for repair. such tools are made available by the
original eciubment manufacturer;
(&) 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
Co) At no chai'Re for use or operation of the tool, except that when the tool is
requested in physical form. the manufaoturef may require payment for the
reasonable, actual costs of procuring, preoarine 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 tht'oiiKh 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 Drovider" means an individual or business operating in tlie State
that is not an authorized repair provider and that is not affiliated with an authonzed
repair provider and that is engaged in diagnosine. maintaining and repairine personal
digital electronic equipment.
F, "Maintenance" means, witli respect to personal digital electronic equipment, any
action necessary to keep cuiTentlv workine personal digital electronic equipment in full
working order,
G. "Modification" or "modifyine" means. with respect to personal dieital etectronic
equipment, any alteration to the equipment that is not maintenance and not repair.
Page2-132LR1519(03)
COMMITTEE AMENDMENT
^ COMMITTEE AMENDMENT " f) " to S.P. 749, L.D. 1908^5'•51& Lt
H, "Orieinal equipment manufacturer" or "manufacturer" means a business eneaged in
the selling or leasing of or in otherwise supplying new personal digital electronic
eguipnwnt matHifactured by^j-on business,
I. "Owner" means an individual or business that owns OL leases Dersonal 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 maintainiue pr
repairine personal digital electronic equipment manufactured or sold bv the
manufacturer, "Part" does not includejyjnted circuit board assemblies that inav allow
device cloninp 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 conwnter. cellular telephone or tablet;
f2Ussoldat:
(a) Retail to an individual for personal, household, family or home office use;
or
Cb) Retail or wholesale to an educational institution for educational purposes;
(3) Has a wlwlesale m^ or to others outside of direct retail sale. of
not less than $50; and
C41 Depends in whole or in part on dieital electronics embedded in or attached to
the product for the Di'odyctto_fynction,
L. "Repair" means, with respect to personal diaital electronic eauipment. any action
necessary to restore the equipment to full working order. "Repair" does not include
oost-sale modifications that alter the orieinallv intended functioning of the persona!
digital electronic equipment.
M, "Tool" means, with respect to personal dieital electronic equipment, a software
proeram. hardware implement or other apparatus, or its equivalent. used for
diaRnosine. maintainine or repairinR personal digital electronic equipment
0 manufactured or sold by the manufacturer, including software or other mechanisms
that provide. proRram or Dair a new part. calibrate functionality or perform any other
function required to repair the original Dart.
N. "Trade secret" means anvthine tangible or intaneible or electronically stored or kept
that constitutes, represents, evidences or records intellectual m'opertv. including secret
5 or confldentiallv held designs, processes, procedures. formuJas. inventions or
imm'ovements or secret orconfi^^^ scientific. technical, inerchatidismfi,
7 production, financial, business or management information, or other intellectual
Dfooertv that falls within thejneaning of a to under 18 United States Code,
Section 1839m.
2. Orieinal eauJRment manufacturers; requirement. Beginnmg January 1. 2028
and except as otherwise provided in this section. an orieinal equipment manufacturer of
personal digital electronic equipment sold or in use in the State on or after January 1,2028
COMMITTEE AMENDMENT
t>» COMMITTEE AMENDMENT " ^" to S.P, 749, L.D. 1 908/cr'
I shaljjnake available on fair and reasonable terms to any indeBendeirLl'epair provider or
owner of the equipment any documentation, parts or tools, or their equivalents, regniced
for the diagnosis, maintenance or repair of the eauiDment.
Alternatively, an orieinal eQuipment manufacturer may elect to comply with the
requirements of this subsection by providing to the orieinal owner of personal digital
electronic equipment subject to the requirements of this subsection a reimbursement or the
equivalent or better and readily available replacement personal digital electronic eciumment
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. Notwithstandine any Di'ovision of this
section to the contt'arv;
A, Ati original equipment manufacturer is not required by this section to;
D_) 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 bv the orieinal equipment manufacturer
only to perform no-cost diaenostic services virtually through Jelephone,
Internet, chat function, e-mail or similar means that do not involve tlie
manufacturer's physically handling the owner's equipment, unless the
manufacturer also makes that documentation or tool available to individuals
unaffiliated with the manufactyrec
(2) Divulge any trade secrefc
(3) License any intellectual prooettY. includine cotwiehts or patents. to any
independent repair provider or Qwneri
(4) Make available to an independent repair provider or owner documentation.
t3arts_@r tools that won Id disable, reset or override electronic security locksorother
securitv-related measures or functions or disable or override antitheft security
measures^ seLby the^wnerofjhe equipment without the owner's authonzation.
This subDaraeraDh may not be construed to relieve the original equipmetit
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 if reconditiomnK or repair of the eauipment is prohibited by law.
regulation of 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
7 operate on several personal digital electronic eauioment pt'oducts 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 diagnose, maintain or t'epair the equipment; or
(7) Wan'antany I'eDan's Droyided bY independent repair m'ovtders or owners;
Page4-132LR1519(03)
COMMITTEE AMENDMENT
. %, COMMITTEE AMENDMENT "j^" to S,P. 749, L.D. 1908 ^5 J
B. All orieinal eauipment manufacturer and an authorized repair provider are not
required by this section to:
(\} Provide an independent repair provider or owner any information, other than
documentation, that is provided by the original eauioment manufacturer to an
authorized repair provider;
C21 Make available any documentation, parts ortools for the purposes ofmodiMne
or making modifications to any personal dieital electronic equipment; or
(3) Make available any documentation, parts or tools in a manner that is
inconsistent with or in violationofaBolicable fedei'al orstate law;
C, In conwlvine with the requirements of thi^^s^^^^ original eayipment
manufacturer may;
dt Make available documentation. parts or tools to an independent repair m'ovider
or owner directly or throueh an authorized repair provider or an authorized 3rd-
party Drovider.
Ca) This section may not be construed to require an authoi'ized repair provider
or authorized 3rd-partv provider to provide such documentation. parts or tools
to an independent repair providei' or owner or to relieve an original equmment
manufacturer of its oblJRations to make available documentation, parts or tools
to an independent repair provider or owner.
fb) An authorized repair provider may make documentation, parts or tools
available to an independent repair provider or owner as lone as the authorized
repair Dl'ovider is contractuallv permitted by the original equipment
manufacturer to provide, and is not otherwise prohibited from providine. the
documentation, parts or tools; and
(2) Restrict access to certain secure parts of a device by an independent repair
provider or owner as lone as the access restriction does not prevent the independent
repair provider or owner fi'oin completine repairs that can otherwise be completed
by an authorized repair provider; and
FLAn 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^ LTiamtena^^^ pefsonal dieital electronic equipment by an
independent repair provider or owner.
This section mayjiot be construed to abrogate, interfere witli. contradict or alter the terms
of any agreement between an orieinal ecmipment manufacturer and an authorized repair
5 provider, includine. but not limited to. the performance or provision of warranty or recall
repair work bv an authorized repair provider on behalf of an original equipment
manufacturer mirsuant to sucli an authorized repair agreement, except that any provision in
such an authorized repair aereement 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 personal digital electronic eauimnent
subject to the reauii-einents of this section, an independent repair provider shall provide to
a customer a written notice that contains the followine infonnation:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "J^>" to S.P. 749, L.D. 1908 CS<
A. That the independent repair provider is not an authorized repair provider for the
personal digital electronic equipment;
B, That the customer 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 wammtyi
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 fights 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 Di'oviden
and
f3) Provides that, if damage to the consumer product is shown to be caused by
equipment not offet'ed 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 waiTantvinav otherwise
remain in effect; and
D. Whether the independent repair provider, in repairing personal dieital electronJQ
equipmentt uses any used replacement parts or replacement parts provided by a
supplier other than the original equipment manufacturer of the personal dieital
electronic equipment.
5. Violations. If ati independent repair provider or owner has reason to believe that
an original equipment manufacturer has violated a provision of this section, the
independent t'eoair Drovider or owner may notify the Attornev GeneraUheAttorney
General may brinp an action in the Superior Court of the county in which the violation
occurred for temporary or permanent iniunctive relief,'
Amend the bill by relettering or renumbering any nonconseoutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill and
clianges the title. The amendment establislies a requirement that, beginning January 1,
2028, 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 January 1, 2028 must make available on fair and reasonable
terms to any independent repair provider or owner of tlie equipment documentation, parts
or tools required for the diagnosis, maintenance or repair of the equipment.
8 FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised: 03/03/26 f-KL
LD 1908 LR 1519(03)
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 '^' f<^<^ ^\
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 with the
I minimal number of new cases filed in the court system does not rcquh'e additional funding at this time. The collection
of additional filing fees will increase General Fund revenue by minor amounts.
LR1519(03) - Fiscal Note - Page 1 of 1