SB 97
Equipment Right to Repair Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Equipment Right to Repair Act, aims to give owners and independent repair providers greater access to the information and parts needed to fix farm equipment in West Virginia. It requires manufacturers to provide documentation, tools, and software updates to independent repair providers after the equipment’s warranty expires. The act establishes a commissioner to oversee implementation and imposes civil penalties for non-compliance, with a phased-in effective date.
Key provisions
- Manufacturers must provide documentation, parts, and tools for repairs after the equipment warranty expires.
- Defines key terms like ‘authorized repair provider,’ ‘independent repair provider,’ ‘embedded software,’ and ‘equipment’ to ensure consistent interpretation.
- Establishes the Commissioner of Agriculture’s jurisdiction and rulemaking authority.
- Prohibits manufacturers from divulging trade secrets during the repair process.
- Sets civil penalties for violations of the act, up to $1,000 per violation.
- Allows for injunctive relief to compel compliance with the act.
- Specifies a phased-in effective date, starting July 1, 2026, with a sunset provision of July 1, 2029.
- Clarifies that manufacturers are not liable for damage caused by independent repair providers.
Who is affected
- Farm equipment owners
- Independent repair providers
- Manufacturers of farm equipment
- Agricultural businesses
- West Virginia residents
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