An Act to Require the Cooperation of Original Manufacturers of
Maine Legislature, Session 132, LD 1908
Committee: Housing and Economic Development
Sponsors: TIPPING, CLUCHEY

Legislative Document
No. 1908
S.P. 749
In Senate, May 6, 2025
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
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative CLUCHEY of Bowdoinham and
Senators: BAILEY of York, BALDACCI of Penobscot, BICKFORD of Androscoggin, 
CURRY of Waldo, CYRWAY of Kennebec, NANGLE of Cumberland, Representatives: 
LAVIGNE of Berwick, MASTRACCIO of Sanford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 239 is enacted to read:
CHAPTER 239
RIGHT TO REPAIR ELECTRONIC EQUIPMENT
§1500-Y. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Authorized repair provider.  "Authorized repair provider" means:
A.  An original equipment manufacturer that offers the services of diagnosis, 
maintenance or repair of the digital electronic equipment it manufactures; or
B.  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.  For the purposes of this paragraph, "service 
mark" has the same meaning as in section 1521, subsection 6.
2.  Authorized 3rd-party provider.  "Authorized 3rd-party provider" means 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 to distribute parts, tools or 
documentation under the name of or on behalf of the original equipment manufacturer. 
3.  Diagnosis. "Diagnosis" means the process of identifying the issue or issues causing 
digital electronic equipment to not be in full working order.
4.  Digital electronic equipment; equipment. "Digital electronic equipment" or 
"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 
digital 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 property on a street or 
highway 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 setting including diagnostic, monitoring or control equipment or any product 
or service offered through such a device or product;
C.  Off-road or nonroad equipment, including, but not limited to, farm and utility 
tractors; farm implements; farm 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;
D.  Commercial and industrial electrical switchgear equipment, including power 
distribution equipment; 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; 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;
E.  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;
F.  Security or life safety systems or alarm systems, including any related software or 
components, that have a digital electronic product embedded within them; or
G.  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.
5.  Documentation.  "Documentation" means, with respect to digital electronic 
equipment, a manual, diagram, reporting output, service code description, circuit schematic 
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.
6.  Independent repair provider. "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.
7.  Maintenance. "Maintenance" means, with respect to digital 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 component, 
part or accessory, as described in 21 United States Code, Section 321(h) that is intended 
for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment 
or prevention of disease in humans or animals.
9.  Modification. "Modification" or "modify" means, with respect to digital electronic 
equipment, any alteration to the equipment that is not maintenance and not repair.
10.  Motor vehicle. "Motor vehicle" has the same meaning as in section 1171, 
subsection 11 and includes any component or part of the motor vehicle.
11.  Motor vehicle dealer. "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.
12.  Motor vehicle manufacturer.  "Motor vehicle manufacturer" means a business 
engaged in the manufacturing or assembling of motor vehicles.
13.  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 original equipment manufacturer at costs and on 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:
A.  With respect to documentation required for repair, such documentation is made 
available by the original equipment manufacturer:
(1)  On terms that do not require the recipient 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 
printed form, the manufacturer may require payment for the reasonable actual costs 
of preparing and sending the printed documentation;
B. With respect to tools required for repair, such tools are made available by the 
original equipment manufacturer:
(1)  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
(3)  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 through 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.
14.  Original equipment manufacturer; manufacturer. "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.
15.  Owner. "Owner" means an individual or business that owns digital electronic 
equipment purchased or used in the State.
16.  Part. "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.  
17.  Parts pairing. "Parts pairing" means a manufacturer's practice of using software 
to identify component parts through a unique identifier.
18.  Repair. "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.
19.  Tool. "Tool" means, with respect to digital electronic equipment, a software 
program, hardware implement or other apparatus, including any updates, 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 a new part, 
program a new part, pair a new part, calibrate functionality or perform any other function 
required to repair the original part.
20.  Trade name.  "Trade name" has the same meaning as in section 1521, subsection 
7.
21.  Trade secret. "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.
§1500-Z.  Right to repair
The following provisions govern the diagnosis, maintenance and repair of digital 
electronic equipment sold or in use in this State.
1.  Original equipment manufacturers; requirement.  Beginning January 1, 2026, 
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 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 that does not have access to documentation, parts or 
tools and does not offer services of diagnosis, maintenance or repair of particular digital 
electronic equipment is not required to produce documentation, parts or tools for that 
particular equipment.
2.  Prohibited uses of parts pairing.  For consumer electronic equipment that is 
manufactured for the first time, and first sold or used in this State, after January 1, 2026, 
an original 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 equipment manufacturer has not approved;
B.  Intentionally reduce the functionality or performance of consumer electronic 
equipment; or
C.  Cause consumer electronic equipment to display misleading alerts or warnings, 
which the owner cannot immediately dismiss, about unidentified parts.
3.  Additional limitations and exclusions.  Notwithstanding any provision of this 
section to the contrary:
A.  An original equipment manufacturer is not required to:
(1)  Provide or make available to an independent repair provider or owner 
documentation, parts or tools if:
(a)  The part or tool is no longer available to the original equipment 
manufacturer; or
(b)  The 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 except as necessary to perform diagnosis, 
maintenance or repair on fair and reasonable terms;
(3)  Make available to an independent repair provider or owner documentation, 
parts or tools that would disable, reset or override electronic privacy or security 
locks or security-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 subparagraph may not 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;
(4)  Provide documentation, parts or tools for any digital electronic equipment if 
reconditioning or repair of the equipment is prohibited by law;
(5)  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
(6)  Cover any repairs provided by independent repair providers or owners under a 
warranty;
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 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 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.
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.
This paragraph may not 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; and
D. An original equipment manufacturer is not liable under this section for damages 
resulting from 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.
This section may not 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:
A.  That the independent repair provider is not an authorized repair provider for the 
digital electronic equipment; and
B.  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.
SUMMARY
This bill requires that, beginning January 1, 2026, an original equipment manufacturer 
of digital electronic equipment sold or in use in the State on or after July 1, 2021 is required 
to make available on fair and reasonable terms to any independent repair provider or owner 
of the digital electronic equipment any documentation, parts or tools required for the 
diagnosis, maintenance or repair of the equipment. Under the bill, an independent repair 
provider is a business engaged in diagnosing, maintaining and repairing digital electronic 
equipment but is not the original equipment manufacturer or a business licensed by the 
original equipment manufacturer. 
The bill also prohibits original equipment manufacturers, beginning January 1, 2026, 
from using software to identify component parts through a unique identifier, also called 
"parts pairing," to prevent or inhibit an owner or independent repair facility from installing 
or enabling functional replacement parts or components; intentionally reduce the 
functionality of the electronic equipment; or cause the electronic equipment to display 
misleading alerts about unidentified parts that the user cannot immediately dismiss.  This 
provision applies to consumer electronic equipment that is manufactured for the first time, 
and first sold or used in this State, after January 1, 2026.
The bill includes several exceptions that limit an original equipment manufacturer's 
obligations under the bill. The bill provides that an original equipment manufacturer is not 
liable for damages resulting from improper use of personal data or a data security breach 
in connection with repair, diagnosis, maintenance or modification of digital electronic 
equipment by an independent repair provider or owner. 
The bill requires that independent repair providers must provide a customer with a 
written notice explaining that the independent repair provider is not an authorized repair 
provider for the digital electronic equipment and disclose whether the independent repair 
provider uses any used parts in performing repair work.